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HomeMy WebLinkAbout6. NEW BUSINESS 4/6/05 Village of Mount Prospect Community Development Department Mount Prospect MEMORANDUM TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: APRIL 1, 2005 SUBJECT: PZ-49-04 - PLAT OF RESUBDIVISION 7 N. MAIN STREET TERESA LICARI - APPLICANT The Planning & Zoning Commission transmits their recommendation to approve Case PZ-49-04, a request 0 consolidate two parcels and create a one-lot subdivision. The Planning & Zoning Commission heard the request at their March 24, 2005 meeting. The Subject Property is located on the east side of Main Street (Route 83), between Central Road and Henry Street. It consists of two vacant parcels located between two apartment buildings. The Subject Property is zoned B5 Central Commercial. Judy Connolly, Senior Planner, reviewed the case. She said that the Village Attorney determined that the Subject Property was created without the benefit of a subdivision and Village review. In addition, he determined that the Village could not prevent the Applicant from seeking approval of the proposed Licari's Consolidation. However, future development of the site must comply with all Village Codes. She said that it is important to note that the item being reviewed is the plat and that the development of the site is a separate issue. Staff reviewed the proposed plat and found that it had been prepared in accordance with the Village Code. The Planning & Zoning Commission discussed the Petitioner's request and the possible consequences of consolidating the site to a one-lot subdivision. Several Commissioners stated their concerns about developing the site and how it would adversely impact the parking conditions for the existing apartment buildings. The Planning & Zoning Commission voted 4-1 to recommend that the Village Board approve the Licari's Consolidation with the acknowledgement by the Petitioner that approval of the plat does not constitute approval for future development. Please forward this memorandum and attachments to the Village Board for their review and consideration at their April 6, 2005 meeting. Staff will be present to answer any questions related to this matter. Ijc H,IPLANlPlanning & Zoning COMM\P&Z 2005\MEJ McmosIPZ-49-04 MEJ (7 N Ma;n Licari pi<rt).doe MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZÖN1:NGCbMl\11SSION CASE NO. PZ-49-04 Hearing Date: March 24, 2005 PROPERTY ADDRESS: 7 N. Main Street PETITIONER: Teresa Licari 4 Red Ridge Circle Barrington, IL 60010-5326 LEGAL NOTICES MAILED: February 9, 2005 PIN#: 03-34-410-044-0000 REQUEST: Petitioner is seeking approval to consolidate (2) parcels and create a one- lot subdivision/one lot of record MEMBERS PRESENT: Acting Chair Joseph Donnelly Leo Floros Marlys Haaland Ronald Roberts Matt Sledz MEMBERS ABSENT: Chair Arlene Juracek Richard Rogers Keith Youngquist STAFF MEMBERS PRESENT: Judy Connolly, AICP, Senior Planner Clare Sloan, Neighborhood Planner INTERESTED PARTIES: Teresa Licari Bryan Mraz Mark Watychowicz Acting Chair Joseph Donnelly called the meeting to order at 7:33 p.m. Leo Floros moved to approve the minutes of the February 24, 2005 meeting, but corrected to reflect Ronald Roberts voting against the sign Variation, and seconded by Ronald Roberts. The motion was approved 3-0, with 2 abstentions by Marlys Haaland, new member, and Matt Sledz. Under Old Business, Mr. Donnelly asked for a motion to continue PZ-50-04 to the April 28, 2005 meeting. Matt Sledz moved to continue the case; seconded by Ronald Roberts, and it was approved 5-0. Mr. Donnelley introduced Case No. PZ-49-04, a request to consolidate two parcels and create a one-lot subdivision into one lot of record. He said that this case would be Village Board Final. Judy ConTlolly, Senior Planner, summarized the request. She said that discussion on the Petitioner's project was continued from the February Planning & Zoning Commission meeting. As you recall, the Petitioner is proposing to consolidate two parcels, which were acquired through a county tax sale, to create a one-lot subdivision. The parcels would be consolidated through the proposed Licari's Consolidation plat. The Village Attorney determined that the Subject Property was created without the benefit of a subdivision and Village review. In addition, he determined that the Village could not prevent the Petitioner from seeking approval of the proposed Licari's Consolidation. However, future development of the site must comply with all Village Codes. It is important to note that the item being reviewed is the plat that consolidates the parcels and creates a one-lot subdivision. The redevelopment of the site is a separate issue. If the proposed development does not comply with Village regulations or requires Conditional Use approval, the P& Z, and most likely Village Board, would review the request and make a decision in response to the development. Planning & Zoning Commission Joseph Donnelley, Acting Chairperson PZ-49-04 Page 2 Ms. Connolly summarized the standards for approving a subdivision and said they relate to the physical development of a subdivision. The regulations provide requirements for the development of the block, and the development of the lot. Staff reviewed the proposed plat and found that it had been prepared in accordance with the Village Code. In response to the discussion held at the February meeting, the Petitioner submitted a plat of survey. However, Staff prepared an aerial photograph exhibit titled "Existing Conditions" to depict current conditions. In addition, the color-coded page from the Sidwell book identifies the adjacent properties and the Subject Property. This exhibit documents that the existing apartment buildings were built over the property lines. The 'hooks' indicate common ownership, ánd a dashed line indicates a parcel line. The Village's Zoning Ordinance does not recognize a parcel line the same as a lot line and current code regulations would require the Petitioner to consolidate the parcels before the development could be approved. Also, the Staff exhibit titled "Address Verification" documents that the address assigned to the Subject Property is '7 N. Main Street' although the Petitioner has referred to it as 7 A N. Main Street. Ms. Connolly summarized the request: the Petitioner is seeking approval of the Plat of Consolidation only, however, during the original review of the request, the P&Z Commission raised questions regarding the 30' easement that extends along the rear lot line of the subject property and the adjacent properties and how the easement would affect future development with respect to parking. Per the P&Z Commissioner's request, the Village Attorney prepared a memo clarifying that the parking easement would probably survive upon approval of the Plat. In addition, he found that the title document submitted by the attorney for the adjacent property demonstrated that there was limited right to park in the easement, but that it would survive the tax division and the plat approval as well. The Village Attorney stated that whether the limitation on the parking rights are so restrictive as to prevent the development would depend on the nature of the development and the extent to which portions of the easement would be used for parking. He noted that is an issue to contend with when, if ever, a development plan was submitted. Therefore, Staff continues to recommend that the Planning & Zoning Commission approve the plat for 7 N. Main Street, Case No. PZ-49-04, because the plat meets Village Code requirements and future development of the site is a separate issue to be reviewed when plans are submitted for review. However, as stated in the Village Attorney's memo, the plat should be approved with the statement that the approval is for consolidation purposes only and does not extend to any development approval of any kind and asks that the applicant acknowledge this for the record. The Village Board's decision is final for this case. Mr. Donnelley asked about current and past zoning for the property. Ms. Connolly said it had been Residential and now was B5; Village records do not indicate that it was ever a Planned Unit Development. It was determined that current code regulations would prohibit this same subdividing/development situation. Teresa Licari, 4 Red Ridge Circle Drive, Barrington, IL, and her attorney, Bryan Mraz, 111 Irving Park Road, Roselle, IL, were sworn in to testify. Mr. Mraz said he has recently become involved in this case, has read the Village Attorney's letter and concurs with his opinion. There is an easement agreement across the rear of all the properties for ingress and egress with a parking reservation that only runs to the subject property. Mr. Mraz said that is the opinion of the Village Attorney and he concurs with that opinion. What may actually have happened in practice and over time will need to be worked out amongst the other owners. Mr. Mraz agreed that the hearing's purpose was to request a consolidation and the Petitioner should and would acknowledge that plat approval does not extend to development of any kind. Mr. Donnelley asked if she understood she could not block ingress/egress with parking; Ms. Licari said she did. Mark Watychowicz, 301 S. WaPella, an attorney for 5 N. Main Street, was sworn in. He said he wanted to remind the Commission that the Subdivision request is actually a request to build something at the location in the future. The site was designed for three buildings and another building will cause chaos - to pitch a tent there will cause a major problem. There are 36 existing units and 36 parking spaces and the present ordinance requires 2 Planning & Zoning Commission Joseph Donnelley, Acting Chairperson PZ-49-04 Page 3 spaces per unit. He said building a building there would cause an eyesore and prevent redevelopment of the undesirable shopping center across the street from it. Anyone coming into town sees this eyesore. All the overflow parking will fall into the downtown area, which is already overcrowded. He also questioned whether the Petitioner had the proper standing to bring this request before the Board. Mr. Watychowicz said he had just received a parking ticket last week and didn't think the Petitioner had the right to come from out-of-town to cause these problems for him as a resident, taxpayer, father and downtown businessman. Mr. Watychowicz said his client's needs are not being served because the property is being used for his tenants as parking spaces. His client purchased his building in 1977 as is, with no additional parking. His client had no notice of any tax sales. He said the Petitioner had time to study the property and realize what the problems were before getting involved with it. Mr. Watychowicz said his client would be willing to purchase the property from the Petitioner but not at the inflated price she wanted for it. He said his client had maintained the parking portion of the property for all those years without remuneration. Matt Sledz said he appreciates the comments about future development but hearing the opinion of the Village Attorney, realizes that the Petitioner is entitled by right to consolidate the lots. Mr. Roberts agreed. Mr. Floros said he feels approval of the consolidation would be construed as endorsement of future development of the site; he sees no benefit to the Village. Mr. Roberts said one possible benefit is that the neighbor might purchase the land and that would be beneficial to the Village. He stated that the Petitioner has acknowledged she as no approval from the Village to develop the property, which she must disclose to any buyer by law. Matt Sledz made a motion to recommend approval of the Licari's Consolidation plat for the property at 7 North Main Street, Case No. PZ-49-04, with the statement that approval of the plat does not constitute approval for future development; Ronald Roberts seconded the motion. UPON ROLL CALL: AYES: Donnelly, Haaland, Roberts, and Sledz NAYS: Floros . Motion was approved 4-1. Ronald Roberts made motion to adjourn at 8:40 p.m., seconded by Leo Floros. The motion was approved by a voice vote and the meeting was adjourned. MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-49-04 Hearing Date: February 24, 2005 PROPERTY ADDRESS: 7 N. Main Street PETITIONER: Teresa Licari 4 Red Ridge Circle Barrington, IL 60010-5326 LEGAL NOTICES MAILED: February 9, 2005 PIN#: 03-34-410-044-0000 REQUEST: Petitioner is seeking approval to consolidate (2) parcels and create a one- lot subdivision/one lot of record MEMBERS PRESENT: Chair Arlene Juracek Joseph Donnelly Leo Floros Ronald Roberts Richard Rogers Keith Youngquist MEMBERS ABSENT: Merrill Cotten Matt Sledz ST AFF MEMBERS PRESENT: Judy Connolly, AICP, Senior Planner Ellen Divita, Deputy Director, Community Development INTERESTED PARTIES: Irene Chipinski Teresa Licari Mark Watychowicz Chairperson Arlene Juracek called the meeting to order at 7:40 p.m. Richard Rogers moved to approve the minutes of the January 27, 2005 meeting and Joe Donnelly seconded the motion to approve. The motion was approved 6-0. Under Old Business, Ms. Juracek asked for a motion to continue PZ-50-04 to the March 24, 2005 meeting. Richard Rogers made such motion, seconded by Joe Donnelly, approved 6-0. Ms. Juracek introduced Case No. PZ-49-04, a request to consolidate two parcels and create a one-lot subdivision into one lot of record. She said that this case would be Village Board Final. Judy Connolly, Senior Planner, summarized the request. The Subject Property is located on the east side of Main Street, Route 83, between Central Road and Henry Street. It consists of two vacant parcels located between two apartment buildings. The Subject Property is zoned B5 Central Commercial and is bordered to the north, west, and south by the B5 district and by the RA Single Family Zoning District to the east. The Petitioner is proposing to consolidate two parcels, which were acquired through a County tax sale, to create a one-lot subdivision. The parcels would be consolidated through the proposed Licari's Consolidation plat. Plat approval includes Planning & Zoning Commission review and a recommendation to the Village Board. The Village Board's decision is final for the proposed plat. Village records indicate that the area north of Central road and south of the single-family residences was rezoned from R1 to R3 in 1960. The site was then rezoned from R3 to R4 ayear later and the original subdivision indicates that the development consisted of 5 lots of record. The three existing apartment buildings were Planning & Zoning Commission Arlene J uracek, Chairperson PZ-49-04 Page 2 constructed in the early 1960s. However, the building footprints did not match the lot lines. The Village later rezoned the properties to B5 Central Commercial in the early 1990s. Although the Petitioner did not submit a development plan, Staff had concerns regarding the proposed plat because of the potential impacts of developing the site. Currently, there is not enough parking for the tenants and developing an open area would intensify the situation. Each building has 12 units, creating a total of 36 units, and each building has 12 assigned parking spaces. However, it appears that some vehicles parallel park along the east lot line. The Village Attorney researched the title information and found that the Subject Property, the two pa~cels the Petitioner is seeking to consolidate, was created through a tax division. A tax division is a petition processed through the Cook County Assessor's Office whereby a property owner parcels off a portion of their land for tax purposes. A separate tax bill and PIN# are created. In this case, the Village was first made aware of this situation when the Petitioner contacted Village Staff to determine whether the property could be developed. The Village Attorney determined that the Subject Property was created without the benefit of a subdivision and Village review. In addition, he determined that the Village couldn't prevent the Applicant from seeking approval of the proposed Licari's Consolidation. However, future development of the site must comply with all Village Codes. The Petitioner could request relief, which would require going through the zoning process and obtaining Village Board approval. Currently, the Subject Property is undeveloped, but it includes an ingress/egress easement along the rear 30' of the property. The easement provides ingress/egress rights between the apartment properties over the eastern 30' of each property. The Petitioner has not submitted development plans for Staff review, but has indicated that the property would be sold to another party for redevelopment. The proposed development would have to incorporate the easement requirements and comply with all Village regulations. The Subject Property is zoned B5. The table in the Staff Report lists the bulk regulations for the B5 District. It is important to note that the item being reviewed is the plat that consolidates the parcels and creates a one-Jot subdivision. The development of the site is a separate issue. If the proposed development does not comply with Village regulations or requires Conditional Use approval, the P& Z, and most likely Village Board, would review the request and make a decision in response to the development. The Subdivision Ordinance includes standards for approving a subdivision, which relate to the physical development of a subdivision. The regulations provide requirements for the development of the block, length, width, etc. and the development of the lot, size, depth, shape, etc. Staff reviewed the proposed plat and found that it had been prepared in accordance with the Village Code. Therefore, Staff recommends that the Planning & Zoning Commission recommend the Village Board approve the plat for 7 N. Main Street, Case No. PZ-49-04. The Village Board's decision is final for this case. Ms. Juracek asked if there were 5' utility easements on the north and south ends of the plat; Ms. Connolly replied yes. Ms. Juracek asked if they could build up to the easements without providing setbacks. Ms. Connolly said yes, but they would need to provide parking. She explained that in the B-5 district they would need Conditional Use approval for a residential only development and would have to provide parking to ensure proper development. Joe Donnelly asked if the existing parking spaces belong to the existing apartment buildings and was told they did. Richard Rogers asked what was a permissible use for B-5. Ms. Connolly said retail on the first floor and apartments above; the existing buildings are non-conforming. Teresa Licari was sworn in and testified that she purchased the property at a Cook County Tax Sale and received a Tax Deed approximately one year ago, placed a for sale sign on the property, and then there were signs placed on the rear of the property that the parking area belongs to someone else. She said she is trying to create a one-lot subdivision to make the property buildable. Mr. Donnelly asked what lots she wants to combine; she said she purchased a pin # that is listed as a lot for tax purposes but not for building purposes. Irene Chipinski, 5619 N. Campbell, Chicago, was sworn in and stated that her family owned the apartment building just north of the Licari property, 9-11 North Main. She reported that there is currently a parking shortage; they have 11 assigned parking spaces for 12 units, there is space for 4 non-assigned cars to park. There have been recent problems with a residential neighbor to the north and have had to restrict parking on the north side of the lot due to those complaints. She said she knows the other buildings have assigned parki ng spaces, but Planning & Zoning Commission Arlene Juracek, Chairperson PZ-49-04 Page 3 also experience a parking shortage. There is a lot of traffic cutting through the lot trying to avoid the traffic lights. She had come to the meeting tonight and waited two hours to speak to the Commission to make them aware of the parking deficiency at this property. Discussion ensued between the Board members and Ms. Connolly regarding the lack of parking spaces and the future development of this site requiring more parking spaces in addition to displacing some of the existing spaces. Ms. Chipinski reminded the group that the additional garbage dumpsters would also take up additional parking spaces. Mark Watychowicz, 301 S. WaPella, an attorney for 5 N. Main Street, was sworn in. He said he wanted to stress that the reason for this request for Subdivision is actually a prelude for a request to build something at the location. And to build anything, even to pitch a tent and add one more car to the area will cause a major problem. There are three buildings, all built by the same builder. To build another building between those will cause an eyesore - across the street from another eyesore - an undesirable existing shopping center in need of redevelopment. Anyone entering or leaving the downtown area sees this eyesore. There are only half of the parking spaces now required by Code for the present development; to add another building will more than double the problem. All the overflow parking will fall into the downtown area, which is already overcrowded. He also questioned whether the petitioner had the proper standing to bring this request before the Board. To that end, Mr. Watychowicz gave his interpretation of his review of the file of the transcripts of the tax sale: He said, "The petitioner visited the property and testified to the judge, under oath, that the property was not being used for any purpose. But it should be clear to all here tonight that the property is being used for parking spaces. I believe if the petitioner had properly advised the judge in the tax court that the property was being used for parking the . judge would have required that notice be provided to all the people who would be affected by the tax sale, and that would have included my client, and as a result my client's interest in the property hasn't been properly adjudicated. So for that reason, I would petition that the Board either deny this request or, at the very least, continue the case to allow my firm more time to further analyze the tax case and file any appropriate pleading which would probably affect petitioner's ability to do anything with this land." Ms. J uracek said she is having a difficult time understanding how the tax sale occurred since it appears it was a portion of Mr. Watychowicz's client's property that was sold and how could that have happened without his knowledge. Mr. Watychowicz's said his client purchased property in I 977 from Mr. Carlson in this condition. He considered buying this property but an attorney told him this property was unbuildable so he did not purchase it. The Village attorney reviewed the case and apparently the property division was done as tax benefit by a previous purchaser. His client has taken care of that property for the past 30 years, cut the grass, paved the area, re-paved, sealed, re- sealed, all at his own expense. Ronald Roberts asked him if his client would have bought the property at the tax sale. Mr. Watychowicz said he would have, but didn't know about the sale. Mr. Roberts asked if his client would still be willing to buy the property. Mr. Watychowicz said absolutely, but not at the price being asked. Mr. Rogers asked Ms. Licari if she would accept a lesser price at this time, given the condition of the property. Ms. Licari returned to the podium and said she had sold the property twice but neither deal materialized because of these problems. She went on to explain that her research had revealed that the Neri family had owned the Licari property, along with Mr. Watychowicz's client, Michael Neri's, property since around 1960. Somewhere in the 19605, Edwina Neri divided the property in order to save taxes. Charlie Young then bought the property at a tax sale but did nothing with it and it went back into a tax sale and was purchased by Ms. Licari. Edwina Neri subsequently sold the original parcel to Michael Neri. Ms. Licari explained that she noted in the tax sale that a 60x142 vacant site zoned B-5 was available. She calculated 1.5 parking spaces for each 2-bedroom units and I parking space for each I-bedroom units would require 17 spaces. The property has 337' along the property line and at 20' per car that would be enough space. Ms: Licari said she did not commit any fraud in the tax transaction, the owner of the South building had proper notice of the sale and whoever put up the parking sign put that up after she put up the for sale sign. She had taken pictures at the end of lot line and presented those at the tax sale. She said they would have 50' of buildable space Planning & Zoning Commission Arlene Juracek, Chairperson PZ-49-04 Page 4 so there should be 55 parking spaces according to her calculations. She also said one prospective buyer was considering underground parking. Ms. Juracek said the problem to consider today is does the petitioner have a legal right to consolidate. Ms. Connolly said the Village Attorney reviewed it and said the property owner has the right to consolidate even if the county didn't notify the Village. Ownership has been traced back to 1990, but Staff could not confirm who transferred it for tax purposes and when. Ms. Licari said property can be traced online to 1985 and a title search can trace it back to the 1800s. Ms. Chipinski asked whether it was possible the land was sold without the parking area. Ms. Juracek said more research needs to be done before they can make arecommendation to the Village Board that would be fair to all parties involved. She asked that the Village Attorney clarify the limitations of the recorded easement and clarify whether a formal parking agreement exists and how future parking requirements would be regulated. Joseph Donnelly made a motion to continue the request to consolidate two parcels and create a one-lot subdivision/one lot of record at 7 North Main Street, Case No. PZ-49-04. Richard Rogers seconded the motion. UPON ROLL CALL: A YES: Donnelly, Floros, Roberts, Rogers, Youngquist and Juracek NA YS: None Motion was approved 6-0. Case was continued to the March 24, 2005 P&Z Meeting. Joe Donnelly made a motion to adjourn at ] I :28 p.m., seconded by Richard Rogers. The motion was approved by a voice vote and the meeting was adjourned. ~ H:\PLANIPlanning & Zoning COMMIP&Z 2005\MinutesIPZ-49-04 7 N Main St. Licari Subdivision.doc ¡ ¡ .' ¡ ., Village of Mount Prospect Community Development Department CAS Ese ~L\I A R Y - P Z - 49 - 0 ~ LOCATION: PETITIONER: O\V:"iER: PARCEL #: LOT SIZE: ZONING: LAND USE: REQCEST: 7 N. Main Street Teresa Licari Teresa Licari 03-34-410-044-0000 0.19 acres (8,520 square feet) B5 Central Commercial Vacant Lot Resubdivision (Consolidate two parcels to create a one-lot subdivision) 123 P2 121 119 118 117 116 115 114 113 112 III 110 109 108 107 106 105 1001 103 102 101 100 M oc: CJ - ::: Q c:::: .... CJ CJ ~ .... r:r. c .- = :; 21 19 17 ".I 22 20 18 16 101 12 10 6 .I 2 CJ LOCA TION MAP Thayer Street 123 I" 120 119 118 117 116 115 114 113 112 III 110 109 108 107 106 105 104 103 102 101 100 Henry Street 23 i' 21 20 19 18 16 17 12 IS 8 II 9 6 7 5 .I 3 2 1 .... ~ ~ ~ .... r:r. c - - i;I ~ ~ ë :;.;¡ Central Road 117 116 115 1101 113 112 111 110 109 108 107 106 105 1001 103 102 101 100 ", 16 21 101 17 12 15 13 1(1- 11 8 7 6 5 3 N :0 2 N 1 117 115 113 III 109 107 105 103 101 15 13 11 9 7 5 ~ 3 .... CJ ~ ~ .... 00 5 - :;.;¡ MEMORANDUM Village of Mount Prospect Community Development Department TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION ARLENE JURACEK, CHAIRPERSON FROM: JUDY CONNOLLY, AICP, SENIOR PLANNER DATE: MARCH 17, 2005 HEARING DATE: MARCH 24, 2005 SUBJECT: PZ-49-04 - RESUBDIVISION (CREATE I-LOT SUBDIVISION) 7 N. MAIN STREET (TERESA LICARI - APPLICANT) BACKGROUND Discussion on the Petitioner's project was continued from the February Planning & Zoning Commission meeting. Per the P&Z's request, the Petitioner submitted the attached plat of survey. Also, the attorney for the adjacent property owner has submitted title documents for the Subject Property for considend:ion. The Village Attorney is reviewing the title documents and his memo will be distributed March 22, 2005 via e-mail or hand delivery. In addition, the Village Attorney's memo will clarify whether the easement allows for parking rights for the adjacent property owners. . In response to the discussion at the February P&Z meeting, Staff prepared an aerial photograph exhibit titled "Existing Conditions" to illustrate the current conditions. The exhibit titled "Addre~s Verification" documents that the address assigned to the Subject Property is '7 N. Main Street' although the Petitioner has referred to it as 7 A N. Main Street; the PIN# is the same. For your convenience, Staff has included a page from the Sidwell book that color-codes the adjacent properties and the Subject Property. This exhibit documents that the existing apartment buildings were built over the property lines. The 'hooks' indicate common ownership, and a dashed line indicates a parcel. As you can see, several lots have been parceled off. Please note that the Village's Zoning Ordinance does not recognize a parcel line the same as a lot line; current code regulations would require the Petitioner to consolidate the parcels before the development could be approved. In addition, the original Staff Report has been included after this cover memo. Ijc H,IPLANIPI,nnõng & Zonõng COMMlP&Z 2005\S"ff Mcmo\PZ-49-04 MEMO II (7 N Maõn - consolidation plöt).doc Existing Conditions Page 1 of 1 Existing Conditions Print Close --- - -- - ~ ~------- ~ ~ II::::JI L"""""""""...."", """~,n'>=",p-' '=>'~"""""'g- p-,-- SO=h~~- F""",,-ode:~eI S...~=.~~- (P"'-,~ I> P,d",_.- SO..~=.~,,-- '(P"'-~ . > ""'='od_- <,Ph_- I> '"""Vel ,~ .." 9 Y .,.,.,...."" ~,~-..,.--.- -"",,"""-~_el- o=.....~...",,- P...~,- =~.",.~"....- 'E!>~~hel...,.-y """"'- F>=-'P-=. --""""Ph~"~- DISCLAIMER This GIS data is provided 'as is' without warranty or any representation of accuracy, timeliness or completeness, The burden for determining accuracy, completeness, timeliness, merchantability and fitness for or the appropriateness for use rests solely on the requester, Printed: 03/16/200502:22:50 PM http://gis/pvweb2/printdo ?title= Existing+Conditions&paper=letter&orientation=portrait&... 3/16/2005 Address Verification Address Verification 50 II . .17 9-11 11 11 9 . . . 11 11 . ,2 'i: Þ 2 'I'/) ..... 1 1 '117 1 1 0 . 0: :3 3 :.I . :3 :3 '" '10 ,- 14. ,III II Page 1 of 1 Print Close II II 19 17~ '; m I'/) 0 'Z ~ 151 6 II . .. 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I -/J4-~ ~ ~ to. 64.S? /-1.2>"':1 ~ I / 5}-IJ II Z -() Z <:L ::¡ .... ~ ///- "Z' S ()., " II'" - 02 6 11)9- 027 : .. /¿?9 - .(). Ze t ,.." ~ :a:: <J f.t) /¿J5 - Ct.31;; ~ - &36 ~ lij --~--¡:'... ~ -049 ...,~ I. ~ /d3 - ""J ----.-.- ,¡ /¿J/ - t?J..!S 15,l,~J /.2.~.:J ,.6~ , " .. " !, ~ r-. . - Sidwell Map Information ..I~ /1J6'-OÇ"1 ,.~__l'-~ ððJ- ~ 0- //,-ðZS " /It? -026 ": 9-11 N. Main Street /tf"1 - 027 : Subject Property ~ <:) <I) /ð5 - ð3/ :f Ct::: - tJ36 .I~ ~ ' -/&-4:- - -;- ~ -()49 - I~ I. ~ / ¿J Y ......... 5 N. Main Street 1-3 N. Main Street ,J - Village of Mount Prospect - Community Development Department CASE Sl'MlIARY - PZ- 49-0.t LOCA nON: PETITIONER: OW~ER: PARCEL #: LOT SIZE: ZONING: LAND USE: REQL'EST: 7 N. Main Strc:et Teresa Licari Teresa Licari 03-34-410-044-0000 0.19 acres (8,520 square feet) 85 Central Commercial Vacant Lot Resubdivision (Consolidate two parcels to create a one-lot subdivision) f"'. QIO ~ - :: Q e:: 123 122 121 119 118 117 116 115 1I~ 113 112 111 110 109 108 107 106 105 10~ 103 102 101 100 .... ~ ~ ~ .... íJ'. 21 19 17 = .- :: :; GJ LOCATION :\[AP Thayer Street 123 12~ 120 119 118 117 116 115 11~ 113 112 III 110 109 108 107 106 105 10~ 103 102 101 100 Henrv Street 2~ 22 23 22 21 20 18 19 16 17 12 IS 8 II 9 6 7 5 ~ J 2 1 20 18 16 I~ 12 .... ~ ~ ~ .... 00 = - ~ ~ ~ - - - r~' - 10 6 ~ 2 Central Road 117 116 115 1I~ 113 112 111 110 109 108 107 106 105 10~ 103 102 101 100 . 117 115 113 111 109 107 105 10J 101 IS 13 11 .... 9 ~ ~ 7 ~ .... 00 5 - ~ = J - ~ 13 16 21 I~ 17 12 IS 13 lIT II 8 7 6 5 3 ... = 2 ... I MEMORANDUM Village of Mount Prospect Community Development Department TO: MOIJNT PROSPECT PLAN'NING & ZONING COMMISSrON ARLENE JURACEK, CHAIRPERSON FROM: JUDY CONNOLLY, AICP, SENIOR PLANNER DATE: FEBRUARY 17,2005 HEARING DATE: FEBRUARY 24, 2005 SUBJECT: PZ-49-04 - RESUBDIVISION (CREATE I-LOT SUBDrVISION) 7 N. MAIN STREET (TERESA UCARl - APPUCANT) BACKGROUND A public hearing has been scheduled for the February 24, 2005 Planning & Zoning Commission meeting :0 review the application by Teresa Licari (the "Petitioner") regarding the property located at 7 N. Main Street (the "Subject Property"). The Petitioner has submitted a plat of Resubdivision to consolidate two parcels to create a one-lot subdivision. The P&Z hearing was properly noticed in the February 9, 2005 edition of the Journal Topics Newspaper. In addition, Staff has provided written notice to property owners within 250-feet and posted a Public Hearing sign on the Subject Property. :, PROPERTY DESCRIPTION The Subject Property is located on the east side of Main Street (Route 83), between Central Road and Hem;; Street. It consists of two vacant parcels located between two apartment buildings. The Subject Property is zond B5 Central Commercial and is bordered to the north, west, and south by the B5 district and by the RA Sing:e Family Zoning District to the east. . SUMMARY OF PROPOSAL The Petitioner is proposing to consolidate two parcels, which were acquired through a County tax sale, to create :1 one-lot subdivision. The parcels would be consolidated through the proposed Licari's Consolidation plat. P!lt approval includes Planning & Zoning Commission review and a recommendation to the Village Board. The Village Board's decision is final for the proposed plat. Background Village records indicate that the area north of Central road and south of the single-family residences was rezoned from R1 to R3 in 1960. The site was then rezoned from R3 to R4 a year-later and the original subdivision indicates that the development consisted of 5 lots of record. The three existing apartment buildings were constructed in the early 1960s. However, the building footprints did not match the lot lines. The Village later rezoned the properties to B5 Central Commercial in the early 1990s. Although the Petitioner did not submit a development plan, Staff had concerns regarding the proposed plat because of the potential impacts of developing the site. Currently, there is not enough parking for the tenants and PZ-49-04 Planning & Zoning Commission meeting February 24, 2005 Page 3 developing an open area would intensify the situation. Each building has 12 units, creating a total of 36 units, and each building has 12 assigned parking spaces. However, it appears that some vehicles parallel park along the east lot line. The Village Attorney researched the title information and found that the Subject Property, the hvo parcels the Petitioner is seeking to consolidate, was created through a tax division, A tax division is a petition processed through the Cook County Assessor's Office whereby a property owner parcels off a portion of their land for tax purposes. A separate tax bill and PIN# are created. In this case, the Village was first made aware of this situa::on when the Petitioner contacted Village Staff to determine \vhether the property could be developed. The Village Attorney determined that the Subject Property was created without the benefit of a subdivision and Village review. In addition, he determined that the Village couldn't prevent the Applicant from setking appro\'al of the proposed Licari's Consolidation. However, future development of the site must comply with all Village Codes. The Petitioner could request relief, which would require going through the zoning process and obtaining Village Board approval. GENERAL ZONING COMPLIANCE Currently, the Subject Property is undeveloped, but it includes an ingress/egress easement along the rear 30' of the property. The easement provides ingresslegress rights between the apartment properties over the eastern 30' of each property. The Petitioner has not submitted development plans for Staff review, but has indicated that :he property would be sold to another party for redevelopment. The proposed development would have to incorporate the easement requirements and comply with all Village regulations. The Subject Property is zoned B5.. The following table lists the bulk regulations for the B~ )?istrict: B5 Central Commercial District Minimum Requirements SETBACKS: Front No more than 30' Interior No Requirement I Rear Distance equal to the height of the building BUILDING HEIGHT 30' mid-point of roof DENSITY 16 units/acre (3 units in this case) LOT COVERAGE No Requirement I SUBDIVISION STAl"DARDS It is important to note that the item being revie\ved is the plat that consolidates the parcels and creates a one-Iot subdivision. The development of the site is a separate issue, If the proposed development does not comply \\ith Village regulations or requires Conditional Use approval, the P& Z, and most likely Vil1age Board, would review the request and make a decision in response to the development. Sec. 15.305 of the Development Code lists the standards for a subdivision. The standards relate to the physical development of a subdivision. It provides requirements for the development of the block (length, \.vidth, etc.) and the development of the lot (size, depth, shape, etc,). Staff reviewed the proposed plat and found that it had been prepared in accordance with the Village Code. PZ-49-04 Planning & Zoning Commission meeting February 24,2005 Page 4 RECOMMENDATION The proposed Licari's Consolidation plat has been prepared in accordance with Village Codes. Staff recommends that the Planning & Zoning Commission recommend the Village Board approve the plat for 7 N. Main Street, Case No. PZ-49-04. The Village Board's decision is final for this case. I concur: ICP, Director of Community Development :jc R' PlA."',PI......g.l< Zoning COMMIP&Z 2OOH",r ~cmo,PZ-49.1). ~1E~fO [7 S M.u. . consoiid"õon pl"l.doc '. . Mount Prœpc:a Mount t-'rospect Public Works Department INTEROFFICE MEMORANDUM TO: SENIOR PLANNER JUDY CONNOLLY FROM: PROJECT ENGINEER CHUCK lINDELOF DATE: FEBRUARY 14, 2005 SUBJECT: PZ-49-04; LICARI'S CONSOLIDATION (7 NORTH MAIN STREET) The Engineering Division has reviewed the Plat of Consolidation for the subject property, and finds it meets all requirements and is acceptable. The Engineering Staff has no objections and approves of the proposed consolidation. ! I 102 I 103 :: I ~ 100 101 101 t . ,~ ì SO 21 21 22 21 50 19 19 n 17 17 14 IS 9-11 PROJECT LOCATION 10 ... 9 10 VI 40.2 ... :õ!: 7 VI 0 ~ VI 6 ~ ~ ~ :õ!: 4 :õ!: 3 1-3 2 .~. ~'}J ~ (1W'NtìlbeCker X;\Engineering\ProjectReviews\UcarisCons\App-1.doc .' '" t VILLAGE OF MOUNT PROSPECT COMMUNITY DEVELOPMENT DEPARTMENT - Planning Division 100 S. Emerson Street Mount Prospect, Illinois 60056 Phone 847-818-5328 FA-X 847-818-5329 Plat of Resubdivision Application Z Case Number 0 PZ - - - ~ <- Subdivision ~ame'Address ::E~ ~ = 0° ~ ~ Date of Submission zl:: -- Xe. ~ Hearing Date Q Z - z .0 E: < , ~ '" 0 ~ z - Q Z ~ 0 0:: '" ~ U < == Telephone (day} '{Î- 551- 3:; 7Sa Tele hop.e (evening) . - C Cl ("' \ 7 {¿; i? r+ì es C ~ {c If State Ie LLC Fax «;,{7_lld-6. 370¿ I 1-7C¡!~3 7'-/0 Zip Code (;,-volo operty: circle one ~ Buyer Telephone (day) Property Owner - Name Corporation Telephone (evening) v- ) Fax: Street Address City Pager/Ylobile Zip Code Surveyor/F.naino"'~ / Name C:::!.,..-/,.,-..;I.cL E,-7 /-:1rçr,J fYv/'/¿'þ'5 &c.. /c/'7 CJ.d, ¿,f 'Za-?~ ?~~,"?I'/.-- #Jé' d/-;::~ 6~k7,./c.. 6;/Yj-' "':" Telephone (day) ~'/7J f'~.!>--3ß~~ Fax l?~7 / ð"~5 "¿~7 b Address - ~ - ~ SUBDIVISION NAl'\1E LIC-gRJt~ Co ¡..)~C'(ì O.t}"'f'>V¡t) REALESTATEINDEXNO.:.l1 3° -- 3. y-s L~ -- Ó~~- REAL ESTATEINDEXNO.:- - -- - - --- - - -- - - -- - .. - ~ en ~~. ( MUltifamilY:Z{L TWNHS- ---- Ifrequesting an exception to Development Code requirements, list request and explain why it is nec~ssary: LOCATION OR ADDRESS: 1 A- IJ. /Yl C? in LAND USE: EXISTING tl4{ c¡ I) -f ZONING: EXISTING ß 5 TOTAL ACREAG~ (þCY N.J. r¡ 3J#1id TOTAL # OF LOT;-- I Number of dwelling units: t/- b 5-1 r ~+- PROPOSED: é/-¿ ¿//c'..T .A¡-f-- LJS- r PROPOSED: Single Family: .. Please note that the application will not be reviewed until this petition has '-'c:en fully completed and -áll.required plans and other materials have been satisfactorily submitted to the Planning Division. Incoinplete submittals will not be accepted. It is s!:ongly suggested that the petitioner schedule an appointment with the appropriate Vil!.,ge staff to review the process and so tbt mateÒIs c:m be reviewed for accuracy and completeness at the time of submittal. '. In consideration of the information contained in this petition as well as all SUI' ;Jorting documentation, it is requested :hat approval be given to this request. The applicant is the owner or authorized representatiVe of the owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and :heir agents permission to enter on the property during reasonable hours for visual inspection of the subject property. I hereby affirm that all information provided herein and in all materials submit:,.d in association with this applic:ltion are true ad ::::::~: th~~:::e :l ~ Do" t¡ 'd / - (; c/. If applicant is not property owner: I hereby designate the a.ppli t .to act as my a~se of seeki", rhc Variation(s) d""ibed in rhis applioarion ",d the associated supporting ~. Property Owner' ,/~-L--... -- , Date' 9-d j. L; y Mount Prospect Department of Community Development 100 South Emerson Street, Mount Prospect Illinois 2 Phone 347.818.5328 Fax. 347.818.5329 TDD 847/392-6064 ...' PLAT OF SURVEY OF THE NORTH .34.20 FEET OF LOT .3 AND THE SOUTH 25.80 FEET OF LOT 4 IN BOLGER'S RESUBDIVISION OF LOTS 193 TO 207 INCLUSIVE AND THE HALF VACATED ALLEY EAST AND ADJOINING LOTS 193 TO 207 INCLUSIVE IN LAUOERMILK VILLA, BEING A SUBDIVISION IN THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 42 NORTH, RANGE 11 EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY ILLINOIS PIN: 03-34-410-044 SCALE: 1"=30' <: ....I ....I :> 0 ::> « ....I ~ ~ ü5 ::> ....I u ~ '" 0 I '" a. ,..: </J Z <2 :::i ... 0 rOUND IRON PIPE. .: .;:. .. ':':. .'. 'd' ',' FOUND IRON PIPE. '" ~ § ~ ~i raqu ,...,. ;:¡ ¡::- r"" ~ z 1:"'1 a. '" fl)gs~ ... « oil. ~ .... <: ~ u r ii5 a. ~"'<I> ~ 0 $ "'-i~ ~~ "" '" r ~ 142.43' (R) 142.49'{M) (M) 74-.27' S. 25.80' or LOT 4- IN BOLGER'S RESUBDIVISION ~ .... ~.3 'b U1ai b ~ U1~a. ....I '" ~"'~ ø w",'" 52 I 'E~ !æ g¡ ¡;;! "': a. 5::>g ':; I zSJo « Ô -....I", r ~ 'b g¡ '" g.¡ - I~--~Ia. « ~ 0- O~ Ó""'" COw t .- - () ~. -I") .. p ()8 O?(/) 01 () '" z ::; S. LINE or LOT 4- IN BOLGER'S RESUBDIVISION N. LINE OF LOT J IN BOLGER'S RESUBDIVISION 3: 0 '" ~ ~ FOUND CUT CROSS '" ..J .. ---'", '" 0 ::> <C ...J , .' '. ~... .,; 17"7-777'/7 ..- ./~'-7'7"7~77--;;\ 1'/,..., // /./ E'X. BRiçK BÛILD.IN'G/ .// / ,/ / e¿¿ZQ¿¿¿zLÓ~m . ~ - . ON UN::: 2' WES-r.. ~-- OF CORNER ~ '" > ¡¡; ::> ...J u ~ ,... ~ \ ~ \ S, LINE OF LOT 3 IN BOLGER'S RESUBDIVISION 0) .- <0 "" ~;:j ~ C() CI::: .- LLJ, C) 0 -J <: 0 u' lbg '-- >- '" ...J ...J « 0 '" .... « (J <C > </I Ó ...J ...J « z a 5 ~ g w Z ::; 1i! ~ ;¡; \\\ \ \II \1""" I ,,\\\'..\t>-l LAND IIIII ~ ,()\,:. ""'" .s'1."~ ~ ~' , '. v.. ~ ::::,t;?" "~J~ .... 'V' . -'" $ i!; :'TERENCE R. CAHill"" ~~ ==æ' '0'" :: c.. : 035-002859 : :D ~ ~ : : ,§ ~ " HOFFMAN ESTATES: 3: ...' . ,;: ~,:. 12;;'" ILLINOIS...,C{o SO ///// ~¡-i OF ïL\..\~ \"'~ /1, III/ II" 111\ \ \ \ \ \\ I / ~I ~\ a::: w 0 ::J « ....J CENTRAL AVENUE ABBREVIA nON LEGEND (M) = MEASURED DIMENSION (R) = RECORD DIMENSION (D) = DEED S. LINE or ORIGINAL LOT 207 IN LAUDERMIU< VILLA (HERETOFORE DEOICA TED FOR PUBLIC STREET) PREP ARED FOR: _:~~~..?!~~!!.9.!:~~~~~-~~--- THIS PROFESSIONAL SERVICE CONFORMS TO THE CURRENT ILLINOIS MINIMUM STANDARDS FOR A80UNDARY SURVEY. ,,~ STA TE OF iLUNOIS) PLA T IS VOID IF IMPRESSED SEAL DOES NOT APPEAR COUN TY OF COOK) 1, TERENCE R. CAHILL, AN ILLINOIS PROFESSIONAL LAND SURVEYOR, HEREBY CERTIFY THAT I HAVE SURVEYED THE PROPERTY AS HEREIN DESCRIBED, AND THAT THIS PLAT IS A CORRECT REPRESENTATION OF SAID SURVEY. , ALL DIMENSIONS ARËGIVEN.IN FEET AND DECIMAL PARTS THEREOF. ': ~~~ DATE:_¥d~_C iË: RE Ñ Œ- R~CAH ilL--- uc.- EX P.;- ~ 1 I ~[8I:~ ~ - - ILLINOIS P.LS. #35-2859 . NOTE: EASEMENTS AND BUILOING LINES INDICATED ARE TAKEN fROM ORIGINAL RECORDED SUBDIVISION PLAT. FOR SUBSEQUENT EASEMENTS AND BUILDING LINES. ADDED, AL TERED, OR NOT DEPICTED UPON RECORDED SUBDIVISION PLAT, REFER TO TITlE POLICY, DEED OR INSTRUMENT CREATING SAME. INC, Consulting Civil. Sanitary. Structural Engineers Land Surveyors &- PLanners 2099 STONINGTON AVE. HOFFMAN ESTATES, ILLINOIS 60195 (847)885-3326 FAX:(847)885-3496 Page 1 of 1 Address Verification ¡ Pñoted: 03/21//2005 08: 18:30 AM http://gis/pvweb2/print.do?title=Address+Ve . er&orientation=portrait.. . 3/2912005 <tJ - ðZ " ... " 1// - ðZ ~ ", .. " - OZ7 . . - .. VWL 3/31/05 RESOLUTION NO. A RESOLUTION APPROVING A FINAL PLAT OF RESUBDIVISION FOR PROPERTY LOCATED AT 7 NORTH MAIN STREET WHEREAS, the Petitioner, Teresa Licari, has requested approval of a Final Plat of Resubdivision for the purpose of consolidating two (2) lots of record at 7 North Main Street into one single lot of record; and WHEREAS, the Planning and Zoning Commission has recommended approval of the resubdivision. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: The consolidation of two (2) lots into a single lot of record is hereby granted for the property at 7 North Main Street and the Final Plat of Resubdivision attached to this Resolution as Exhibit "A" is hereby approved for appropriate execution and recording. Such Plat and its legal description are incorporated into, and made a part of, this Resolution. SECTION TWO: The Village Clerk is hereby authorized and directed to record a certified copy of this Resolution with the Recorder of Deeds of Cook County. SECTION THREE: This Resolution shall be in full force and effect from and after its adoption, approval and publication in pamphlet form as provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of ,2005. Gerald L. Farley Mayor ATTEST: Velma W. Lowe Village Clerk H:ICLKOIfiles\WIN\RESIPlatofResubdivislon,7 N-Main SI, 2005 doc B ., ~ LlljAHf'~ L;UI\J~ULIUA IIU~\J or THE NORTh 3420 FEET OF LOT oS AND THE SOUTH 25.80 FEEl OF LOT 4 IN BOLGER'S Rt:SUUDIVISIOI, or lOTS 193 10 20J INCLuSiVe AIIO tilE HALF VACA i£O ALLEY EAS I AIID AD.JÙltllr¡-'; LOTS l!Jj 1O 207 I/¡CLuSiVE IN LAlJD[íil.1ll.; VillA. DEIIIG A SU'JOIVISIOr.1 IN Hit: SOL-IlIlo;:;' QuA/om Of SlClllJr¡ j,l. TOIVN';;HII" 42 !!CRIII, RAlI(,;f 11 [.\sr OF litE IHIHIJ "1-I11ICII>AI M[I?ilJIAIJ, In COOl". COUll ry ILLI/~OIS ) -- 20 .. <0 ~,~ --o:-~jO Scal. .' - 20' tabbies' m >< J: - m ::¡ rau,,), cur CAOSS~ "" to.( 2' "(Sf or ("."". - l~_lL -~ ~ ~ r:::- Q;: y û......a:- ~ E-,': ~::.~~ CI) ~ ~~o t: ~ 'ð~~ c ~IDO ~ '" ~ <D ~ ~8:i ~ ~b~l::; '->.~ ~~~; ..... ò - , ...... - 0 :. '«~ <D ~¿ rcu..~' ~:r ~'OsS 7 Cli 1"'( r ,,(~r í CJ' c",,',£" ~ ~ PIN: 03-34-410-0.1-1 ~ ~ . ~ l 142.43' (R) I I I I I ~ I ~ / 0 f}/ I I Sag'27'56"d (M) '<ã. :::- <0 ()¡ <D' '" ...: u 0 - _s ~.~. ~ '::,o~"~(s~'n~ ~'~" ~ ~ I - I .~ <> a ...... ~.. :: 0 ::. ~~~~A'S '!~~'~"~!..--I ~~L ~ ó ~ N ""(""OrJ"'""'-<l.'~H('U"O......V' -~"'~ -- <0 W I ~~t ...... :n 1 ~:>"::' .. . I ~"g ô ~ 8 ,,~~ :- in b I ~~ ~ ::: en 0 . ~ . -f--J .; rn Ul ----~----- ~ N ). 20' ar tor J ". ""((A'S "'"-SUIIO"ilS'C>, S' "" . or ~~6.~ (M) n-""""'" I "'---":UNO 'A"" ."', I I e. 142.43'(R) 142.53'(M) ~ la' . ~ I ~ ~ ~ I ~ _1 . 5"" : C_";-' I .(RC: .~¡(:: ' <i';'¡"O. "';EO ' ':.. I; Sf'" (OUH f. ..' .-P.C',£: 3< . "t"'c,>, -"5 - S"'E ,.. '. Village of Mount Prospect Community Development Department Mount Prospect MEMORANDUM TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: APRIL 1,2005 SUBJECT: PZ-07-05 - MAP AMENDMENT, CONDITIONAL USE, VARIATIONS 2410 RAND ROAD (TACO BELL) THE TWINS GROUP - APPLICANT The Planning & Zoning Commission transmits their recommendation to approve Case PZ-07-05, a request to redevelop the Subject Property and construct a new Taco Bell restaurant. The Planning & Zoning Commission heard the request at their March 24, 2005 meeting. The Subject Property is comprised of two parcels and has an irregular shape. It is located on the north side of Rand Road, between Camp McDonald and Schoenbeck Roads. The existing setbacks and site improvements do not meet current Village regulations. The Petitioner is seeking approval to 1) rezone the Subject Property from RX Single Family to B3 Community Shopping, 2) Conditional Use approval for a drive-thru restaurant, and 3) Variations for setbacks, parking, and stacking spaces. Judy Connolly, Senior Planner, reviewed the case. She said that the scope of the proposal exceeds the limits of the legal non-conforming regulations and the redevelopment of the site is required to meet current zoning regulations. The Subject Property is adjacent to existing commercial and retail businesses and the proposed Taco Bell with a drive-thru is the same as the existing use. However, the new building, parking lot, and additional landscaping would be in keeping with current development trends and would enhance the appearance of the Subject Property. In addition, the proposed site improvements, subject to modifying the entrance driveway, would improve the character of the area. The Planning & Zoning Commission discussed the Petitioner's project. Several members stated that the request would improve the site and that the requested Variations would have minimal impact. The Petitioner agreed to the conditions listed in the Staff Report and said he would investigate alternative materials to the proposed EIFS. The Planning & Zoning Commission voted 5-0 to recommend that the Village Board approve the Petitioner's request subject to the conditions listed in the Staff Report. Please forward this memorandum and attachments to the Village Board for their review and consideration at their April 6, 2005 meeting. Staff will be present to answer any questions related to this matter. WtL William J. Cooney, Jr., AICP Ijc H,IPLANlPhmning & Zoning COMM\P&Z 2005\MEJ MemosIPZ-07-05 MEJ (2410 Rand taco bcll).doc MINUTES OF THE REGULAR MEETING OF THE PLANNING &; ZONING COMMISSION CASE NO. PZ-O7-0S Hearing Date: March 24, 2005 PROPERTY ADDRESS: 24l0 E. Rand Road Arlington Heights, IL PETITIONER: Eugene Guzzardi, agent for The Twins Group 121 Wilke Road, Suite 400 Arlington Heights, IL 60005 PUBLICATION DATE: March 9, 2005 Journal/Topics PIN#: 03-28-201-014-0000 & 03-28-201-020-0000 REQUEST: Map Amendment to rezone from RX to B3, Conditional Use approval for a drive-thru restaurant and Variations from bulk, setback, and stacking regulations. MEMBERS PRESENT: Acting Chair Joseph Donnelly Leo Floros Marlys Haaland Ronald Roberts Matt Sledz MEMBERS ABSENT: Chair Arlene Juracek Richard Rogers Keith Youngquist STAFF MEMBERS PRESENT: Judy Connolly, AICP, Senior Planner Clare Sloan, Neighborhood Planner INTERESTED PARTIES: Eugene Guzzardi Acting Chair Joseph Donnelly called the meeting to order at 7:33 p.m. Leo Floros moved to approve the minutes of the February 24, 2005 meeting, but corrected to reflect Ronald Roberts voting against the sign Variation; seconded by Ronald Roberts. The motion was approved 3-0, with 2 abstentions by Marlys Haaland, new member, and Matt Sledz. Under Old Business, Mr. Donnelly asked for a motion to continue PZ-50-04 to the April 28, 2005 meeting. Matt Sledz moved to continue the case; seconded by Ronald Roberts, and it was approved 5-0. After consideration of another case, Mr. Donnelly introduced Case No. PZ-07-05, a request for a Map Amendment to rezone from RX to B3, Conditional Use approval for a drive-thru restaurant and Variations from bulk, setback, and stacking regulations. He said that this case would be Village Board Final. Judy Connolly, Senior Planner, summarized the request. She said that the Subject Property is comprised of two parcels and has an irregular shape. It is located on the north side of Rand Road, between Camp McDonald and Schoenbeck Roads. The site currently contains a Taco Bell restaurant with a drive-thru that was developed under Cook County regulations. Consequently, the existing setbacks and site improvements do not meet current Village regulations. The Subject Property is zoned RX Single Family and is bordered to the north, east, and west and by RX Single Family and a golf course to the south, but that is in Arlington Heights. The Subject Property and surrounding properties were already developed as commercial and retail uses when the Village of Mount Prospect annexed them in 1999. As required by state statute, the properties were given the Village's most stringent zoning designation, RX Single Family, upon annexation. Planning & Zoning Commission Joseph Donnelley, Acting Chairperson PZ-07-05 Page 2 The Petitioner proposes to demolish the existing Taco Bell and drive-thru and build a new Taco Bell restaurant and drive-thru. The Zoning Ordinance allows legal non-conforming structures to remain in their current state, and to be maintained and repaired as necessary. However, the scope of the proposal exceeds the limits of the legal non-conforming regulations and the redevelopment of the site is required to meet current zoning regulations. Therefore, the Petitioner is seeking approval to rezone the property from RX Single Family to B3 Community Shopping, Conditional Use approval for the drive-thru restaurant, and Variations from zoning regulations. The Variations include relief from: the parking lot and dumpster setbacks, and relief from the number of required parking and stacking spaces. The Petitioner's exhibits include a color rendering of Taco Bell's prototypical building. However, the Petitioner revised the elevations to comply with the Village's Building Code regulations that limit the use of Dryvit to no more than 30% of the building's square footage. The building would have a stone band around the base of the building, and then approximately 12' of buff co lored face brick, topped off with a 3' 8" EIFS band. EIFS would be used as a decorative element for the drive-thru area and two entrance points. A 'tower' canopy would extend above the roofline to delineate the main entrance of the building and would be in keeping with the Taco Bell image. The Petitioner's landscape plan includes a variety of plants, trees, and shrubs throughout the site. However, the plan does not include a sufficient amount of species that have year-round interest. Staff recommends modifying the plan to require at least 50% species that have year-round interest along the Rand Road frontage. In addition, Staff suggests the Petitioner explore whether the detention area could include native grasses, subject to engineering division approval so it does not adversely impact the detention design. The site currently has two driveways, which the Petitioner proposes to modify slightly. In response to comments from the Illinois Department of Transportation (IDOT), the Petitioner proposes that the northern driveway be the only exit point and have a dedicated right-turn lane and a dedicated left-turn lane from the site. The southern driveway would be an entrance only driveway. The Engineering Division reviewed the proposal and found that narrowing the driveway to 15' and having a 20-25' turning radius would better identify the driveway as an entrance only and minimize confusion and potential vehicle conflicts. The Petitioner's proposal includes 23 parking spaces and 7 stacking spaces for the 47-seat Taco Bell Restaurant. Typically, 4-6 employees work per shift, but 6-8 employees would work during a peak shift. The Zoning Ordinance requires I parking space per 3 seats and 1 parking space per employee during a peak shift as well as 8 stacking spaces for the drive-thru. Therefore, the Petitioner requires Variations to allow one less stacking space and one less parking space. The Petitioner states in their application that the proposed traffic pattern is similar to the existing patterns customers currently use and the shape of the Subject Property poses physical limitations. In response to earlier Staff comments, the Petitioner has agreed to modify the freestanding sign to a monument style sign and is not seeking relief from Sign Code regulations. The Petitioner proposes to install wall signs on three elevations of the building, which is permitted by the Sign Code. The 'tower' canopy over the primary entrance on Rand Road complies with the 30' height limitation and the bell meets the criteria for a logo. Therefore, these elements of the proposal comply with Village Sign Code regulations. The Petitioner's lighting plan indicates the lighting levels will slightly exceed the Zoning Ordinance regulations that limit light levels to an average of 2A-foot candles. In addition, some areas of lights at the property line exceed the 0.5fc limitation. The Petitioner has not requested a Variation from the Village's lighting regulations and has not provided justification for a Variation. Therefore, the lighting plan must be revised to comply with Village Code requirements. Other departments reviewed the project and comments from the Village's Traffic Engineer were already discussed, However, the Fire Department and Public Works Department had comments, but their comments could be addressed as part of the Building Permit process. Their comments are listed in detail in the Staff Report. Planning & Zoning Commission Joseph Donnelley, Acting Chairperson PZ-07-05 Page 3 The Subject Property is zoned RX Single Family. In order to construct the proposed restaurant, the site has to be rezoned, obtain Conditional Use approval, and obtain Variations from Zoning Regulations. This requires a public hearing and recommendation by the Planning & Zoning Commission followed by final review and action by the Village Board. The existing site conditions do not comply with current Village zoning regulations because the parking lot encroaches into the required setbacks. The existing parking lot is pretty much built up to the lot line. However, the Petitioner would demolish the existing building and construct a new parking lot. The proposed building would meet all setbacks, but the parking lot and dumpster would encroach into the required 10' perimeter landscape setback. The Petitioner requires relief for a portion of the front setback, the interior side yard setbacks, and the rear setbacks because the parking lot and dumpster enclosure would encroach into the required 10' setback. Ms. Connolly summarized the standards for Map Amendments, as listed in the Zoning Ordinance. She said that the subject property is adjacent to existing commercial and retail businesses. The proposed Taco Bell with a drive-thru is the same as the existing use. However, the new building, parking lot, and additional landscaping would be in keeping with current development trends and would be an appropriate use for the Subject Property. Also, rezoning the property to B3 would be consistent with recently approved developments approved in the Village, specifically the Metro Federal Credit Union. The proposal meets the standards for a Map Amendment because it is compatible with existing properties within the general area of the Subject Property. Ms. Connolly summarized the standards for conditional uses, which are listed in another section of the Zoning Code, and said that the Petitioner proposes to construct a restaurant with a drive-thru, which is the same as the current use. The proposed conditional use, which is the drive-thru component of the restaurant, was designed to go together with the proposed site improvements and to create a safe interior circulation pattern. The proposal meets the standards for a Conditional Use subject to minor modifications to the site plan and landscape plan. Ms. Connolly summarized the standards for a Variation. She said that the Petitioner is proposing to construct a fast food restaurant with a drive-thru. The redevelopment of the site would improve a property originally developed under Cook County regulations and currently exceeds Mount Prospect Code requirements. However, the parking lot and dumpster enclosure would encroach into the 10' landscape setback. The Petitioner has worked with Staff to minimize the scope and location of the encroachments to ensure the Rand Road frontage is vastly improved and to create a safe interior circulation pattern. The Petitioner's request for Variations for I stacking space and I parking space during peak shift hours is in keeping with the current site conditions. Modifying the driveway to address Engineering's comments regarding the entrance only driveway would ensure a safe traffic flow and minimize the impact of the stacking deficiency. The size and shape of the Subject Property present physical limitations for redeveloping the site. The proposed site plan, subject to modifying the entrance driveway, would improve the character of the area and be in keeping with the Village's Corridor Design Guidelines that call for increased landscaping. Based on this analysis, the proposal complies with the Map Amendment, Conditional Use, and Variation standards listed in the Zoning Ordinance. Therefore, Staff recommends that the Planning and Zoning Commission recommend that Village Board approve the proposed request subject to the following conditions: 1) Development of the site in accordance with: . The site plan prepared by Ronald Source Architects date stamped March II, 2005 revised to reflect a narrowed entrance driveway to 15' and having a 20-25' turning radius; . The landscape plan prepared by Ronald Source Architects date stamped March 11, 2005 revised so the Rand Road frontage has at least 50% year-round interest species; . The lighting plan prepared by John Bujake, Accuserv Lighting & Equipment, but revised to comply with the Village's lighting regulations; Planning & Zoning Commission Joseph Donnelley, Acting Chairperson PZ-07-05 Page 4 . The elevations prepared by Ronald Source Architects date stamped March 11, 2005 that document the building will not exceed the Village's 30% EIFS limitation. 2) The proposed improvements shall be constructed according to all applicable Village Codes (Sign Code, Site Construction Standards, Building and Fire Code regulations); 3) Prior to obtaining the Certificate of Occupancy, the Petitioner shall prepare a plat of resubdivision that consolidates the site to a one-lot subdivision; and 4) The Petitioner shall obtain permits from all appropriate agencies, including, but not limited to, mOT, and MWRD. . The Village Board's decision is final for this case. Ronald Roberts asked if graphics of the existing restaurant were available; Ms. Connolly said no. He also asked if the monument style sign were replacing a freestanding sign. Ms. Connolly said it was and he said he thought that was a good improvement. Joe Donnelley asked if Taco Bell was applying for Sign Variations. Ms. Connolly said no, but if they needed relief they would need to go before the P&Z at a later date. Mr. Floros asked if Taco Bell had an Arlington Heights address. Ms. Connolly said yes, although it is in Mount Prospect. When asked about setbacks, Ms. Connolly said most of the existing parking lot was at a zero setback and the front building setback was between 20'-30'. Mr. Sledz asked if there would be less impervious surface on the property than before. Ms. Connolly said yes, the current lot coverage is approximately 86% and the Petitioner proposes to reduce it to 72% although the Zoning Ordinance allows up to 75% lot coverage. Gene Guzzardi, Source Architects, 121 S. Wilke Road in Arlington Heights, was sworn in. He said that Taco Bell is increasing the amount of pervious area. He noted the wheel stops are currently right against the property line. The existing building is beige with clay tile roofs, which are being phased out. Contractually, The Twins Group must replace the building by agreement with Taco Bell. He said the existing traffic pattern area for the property is V-shaped. The entrance is being revised and has been sent to IDOT and will be sent back to Mount Prospect for plan review. Parking spaces will be similar to what is thereat present. He informed the Commission that deliveries and trash pick-ups are scheduled at night so they will not conflict with business traffic. The front grassy area is being proposed as part of detention area. They will use a menu board with speaker post for food ordering. Joe Donnelley asked if the menu board with speaker post proposal would be brought to the Commission for further review. Ms. Connolly said Staff would need to review the proposal to determine if it would comply with the Sign Code. Ronald Roberts inquired what type of property was behind the restaurant. Ms. Connolly said it was commercial. Mr. Roberts asked for further description of the monument sign and Mr. Guzzardi said it would have a large stone base similar to the stone used in the building. Joe Donnelley asked if they were asking for Variations for menu boards at this time and Mr. Guzzardi said that the drive-thru was at such a bare minimum that they do not have room for a preview menu board. Mr. Sledz asked has there been a net change in parking. Mr. Guzzardi said he didn't believe there will be. They were trying to maximize the amount of parking they could get at the site to function properly and fit in the guidelines proposed by Staff. Mr. Sledz asked if any thought had been given to underground detention. Mr. Guzzardi said there will most likely need to be underground detention based on the calculations in the process Planning & Zoning Commission Joseph Donnelley, Acting Chairperson PZ-O7 -05 Page 5 right now. Mr. Sledz said the photometrics submitted are slightly above Village requirements and asked whether it would be a problem complying with Village requirements. Mr. Guzzardi said no. Mr. Sledz said that delivery and garbage trucks would service the facility at night but many Taco Bell Restaurants are currently 24 hour and do not close. He asked what would happen if this restaurant goes 24 hours? Mr. Sledz asked Ms. Connolly if the Commission should entertain restrictions in the vote of Taco Bell hours. Ms. Connolly said the P&Z could include that with the motion. Mr. Guzzardi said they would schedule deliveries and garbage service around the restaurant's hours so there wouldn't be a conflict. Chair Joe Donnelley closed the hearing at 8:35. Matt Sledz said this was a nice project, he could recognize the site did have its problems and was pleased to see The Twins Group was working to comply with Village Code. Mr. Flores said the Variations requested were minor and he strongly supported the project. Mr. Roberts agreed and said the monument sign would be more appropriate than the freestanding. Mr. Donnelley said more pervious coverage would be an improvement and asked what material the building trim would be. When told it was EIFS, he asked if they could use a different material. Mr. Guzzardi said he would investigate to see if they could use another material. Mr. Sledz said that the Building Code allows a limited amount of EIFS and that the Village should ban EIFS altogether if they do not want it used, but not base each case on approval of not using it. Other Commissioners asked if it had been decided to ban EIFS entirely. Ms. Connolly said no, that the Building Code limits its use to 30%. Leo Floros moved to recommend approval of a Map Amendment to rezone from RX to B3, Conditional Use approval for a drive-thru restaurant and Variations from bulk, setback, and stacking regulations subject to the Conditions listed in the Staff Report for the property at 2410 E. Rand Road, Case No. PZ-07-05. Ronald Roberts seconded the motion. UPON ROLL CALL: A YES: Donnelly, Floros, Haaland, Roberts, and Sledz NAYS: None Motion was approved 5-0. Ronald Roberts made a motion to adjourn at 8:40 p.m., seconded by Leo Floros. The motion was approved by a voice vote and the meeting was adjourned. "\';.,, "" /,> ,'\;\:;\-:;/:.1;;',\:",;,-P/..;C;O; :1-] """C-,' ,'..;'! ,,', .......................>........b...,..,...,~"-,...,,.- .'~.- .""", Village of Mount Prospect Community Development Department CASE SUM:VIARY - PZ- 07-05 LOCATION: 2410 E. Rand Road, Arlington Heights (in Mount Prospect, IL) PETITIONER: Eugene Guzzardi, agent for The Twins Group OWNER: Nick Kallergis PARCEL #s: 03-28-201-014-0000 & 03-28-201-020-0000 LOT SIZE: 0.52 acres (22,651 sq. ft approximately) ZONING: RX Single Family LAND USE: Restaurant with drive-thru REQTJESTS: 1) Map amendment (rezone from RX Single Family to B3 Community Shopping) 2) Conditional Use (restaurant with drive-thru) 3) Variations (relief from setbacks and parking requirements) LOCATION MAP -. .. - Village Boundary 0 Out of Village ~ .. . h" h"'. ...', .,..,.,.,,~-,.,_.-,,",~,~.._..,,_...~. MEMORANDUM Village of Mount Prospect Community Development Department TO: MOUNT PROSPECT PLANNING AND ZONING COMMISSION ARLENE JURACEK, CHAIRPERSON FROM: JUDY CONNOLLY, AICP, SENIOR PLANNER DATE: MARCH 17, 2005 HEARING DATE: MARCH 24, 2005 SUBJECT: PZ-07-05 - MAP AMENDMENT, CONDITIONAL USE & VARIATIONS 2410 E. RAND ROAD (EXISTING TACO BELL RESTAURANT) BACKGROUND A public hearing has been scheduled for the March 24, 2005 Planning & Zoning Commission meeting to review the application by The Twins Group (the "Petitioner") regarding the property located at 2410 E. Rand Road (the "Subject Property"). The Petitioner has requested a Map Amendment, Conditional Use approval, and Variations from zoning regulations to allow the development of a new restaurant with a drive-thru. The P&Z hearing was properly noticed in the March 9, 2005 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 comprised of two parcels and has an irregular shape. It is located on the north side of Rand Road, between Camp McDonald and Schoenbeck Roads. The site contains a Taco Bell restaurant with a drive-thru that was developed under Cook County regulations. Consequently, the existing setbacks and site improvements do not meet current Village regulations. The Subject Property is zoned RX Single Family and is bordered to the north, east, and west and by RX Single Family, and a golf course to the south (Arlington Heights). The Subject Property and surrounding properties were already developed as commercial and retail uses when the Village of Mount Prospect annexed them in 1999. As required by State statute, the properties were given the Village's most stringent zoning designation, RX Single Family, upon annexation. SUMMARY OF PROPOSAL The Petitioner proposes to demolish the existing Taco Bell and drive-thru and build a new Taco Bell restaurant and drive-thru. The Zoning Ordinance allows legal conforming structures to remain in their current state, and to be maintained and repaired as necessary (Sec. 14.402.B). However, the scope of the proposal exceeds the limits of the legal non-conforming regulations and the redevelopment of the site is required to meet current zoning regulations. Therefore, the Petitioner is seeking approval to rezone the property from RX Single Family to B3 Community Shopping, Conditional Use approval for the drive-thru restaurant, and Variations from zoning regulations. The Variations will be discussed in detail later in this report, but include relief from: a) the parking lot and dumpster setbacks, and b) relief from the number of required parking and stacking spaces. The following is a brief summary of the various development elements: Buildinf! Desif!n: The Petitioner's exhibits include a color rending of Taco Bell's prototypical building, However, the Petitioner revised the elevations to comply with the Village's Building Code regulations that limit the use of dryvit to no more than 30% of the building square footage. The enclosed line drawings (Sheet A4 and A4.1) indicate the proposed building elevations would comply with the Village Code. The building would have a -.'.-. -"._'...~_. . PZ-07 -05 Planning & Zoning Commission meeting March Page 3 stone band around the base of the building, then approximately 12' of face brick (Buff colored), topped off with a 3'8" EIFS band (parapet band paint pattern). EIFS would be used as a decorative element for the drive-thru area and two entrance points. A 'tower' canopy would extend above the roofline to delineate the main entrance of the building (south elevation) and would be in keeping with the Taco Bell îmage. Landscape Plan: The Petitioner's landscape plan încludes a variety of plants, trees, and shrubs throughout the site. However, the plan does not include a sufficient amount of species that have year-round interest. Staff recommends modifying the plan to require at least 50% species that have year-round interest along the Rand Road frontage. In addition, Staff suggests the Petitioner explore whether the detention area could include native grasses, subject to engineering approval. Site Access and Parkin!!: The site currently has two driveways, which the Petitioner proposes to modify slightly. In response to comments from the Illinois Department of Transportation (IDOT), the Petitioner proposes that the northern driveway be the only exit point and have a dedicated right-turn lane and a dedicated left-turn lane from the site. The southern driveway would be an entrance only driveway. The Engineering Division reviewed the proposal and found that narrowing the driveway to 15' and having a 20-25' turning radius would better identify the driveway as an entrance only and minimize confusion and potential vehicle conflicts. The Petitioner's proposal includes 23 parking spaces and 7 stacking spaces for the 47-seat Taco Bell Restaurant. Typically, 4-6 employees work per shift, but 6-8 employees would work during a peak shift. The Zoning . Qr"dinance requires I parking space per 3 seats and 1 parking space per employee during a peak shift as well as 8 štacking spaces for the drive-thru. Therefore, the Petitioner requires Variations to allow one less stacking space arid one less parking space. The Petitioner states in the attached application that the proposed traffic pattern is similar to the existing patterns customers currently use and the shape of the Subject Property poses physical limitations. Si£Útaf!e: In response to earlier Staff comments, the Petitioner has agreed to modify the freestanding sign to a monument style sign and is not seeking relief ITom Sign Code regulations. The Petitioner proposes to install wall signs Qn three elevations of the building, which is permitted by the Sign Code. The 'tower' canopy over the primary entrance on Rand Road complies with the 30' height limitation and the bell meets the criteria for a logo. Therefore, these elements of the proposal comply with Village Sign Code regulations. Lif!lttin!! Plan: The Petitioner's lighting plan indicates the lighting levels will slightly exceed the Zoning Ordinance regulations that limit light levels to an average of2.4-foot candles (Sec. 14.22l9). In addition, some areas oflights at the property line exceed the O.5fc limitation. The Petitioner has not requested a Variation from the Village's lighting regulations and has not provided justification for a Variation. Therefore, the lighting plan must be revised to comply \\ ith Village Code requirements. REVIEW BY OTHER DEPARTMENTS The comments ITom the Village's Traffic Engineer were incorporated into the Site Access & Parking section of this memo. Comments ITom other departments are listed below. Fire . . Hydrant spacing must be in accordance with the Development Code; The building will require automatic sprinklers. Public Works The revised submittal addressed comments ITom the Public Works Department. However, comments to be addressed as part of the Building Permit process should be noted as follows: ."'" .. "'~.....~,-,.~~~~~>_.~.-.. PZ-07 -05 Planning & Zoning Commission meeting March 24, 2005 Page 3 stone band around the base of the building, then approximately 12' of face brick (Buff colored), topped off with a 3' 8" ElF'S band (parapet band paint pattern). ElF'S would be used as a decorative element for the drive-thru area and two entrance points. A 'tower' canopy would extend above the roofline to delineate the main entrance of the building (south elevation) and would be in keeping with the Taco Bell image. LandscaTJe Plan: The Petitioner's landscape plan includes a variety of plants, trees, and shrubs throughout the site. However, the plan does not include a sufficient amount of species that have year-round interest. Staff recommends modifying the plan to require at least 50% species that have year-round interest along the Rand Road frontage. In addition, Staff suggests the Petitioner explore whether the detention area could include native grasses, subject to engineering approval. Site Access and ParkinJ!: The site currently has two driveways, which the Petitioner proposes to modify slightly. In response to comments from the Illinois Department of Transportation (IDOT), the Petitioner proposes that the northern driveway be the only exit point and have a dedicated right-turn lane and a dedicated left-turn lane from the site. The southern driveway would be an entrance only driveway. . The Engineering Division reviewed the proposal and found that narrowing the driveway to 15' and having a 20-25' turning radius would better identify the driveway as an entrance only and minimize confusion and potential vehicle conflicts. The Petitioner's proposal includes 23 parking spaces and 7 stacking spaces for the 47-seat Taco Bell Restaurant. Typically, 4-6 employees work per shift, but 6-8 employees would work during a peak shift. The Zoning Ordinance requires 1 parking space per 3 seats and 1 parking space per employee during a peak shift as well as 8 stacking spaces for the drive-thru. Therefore, the Petitioner requires Variations to allow one less stacking space and one less parking space. The Petitioner states in the attached application that the proposed traffic pattern is similar to the existing patterns customers currently use and the shape of the Subject Property poses physical limitations. SiJ!naJ!e: In response to earlier Staff comments, the Petitioner has agreed to modify the freestanding sign to a monument style sign and is not seeking relief from Sign Code regulations. The Petitioner proposes to install wall signs on three elevations of the building, which is permitted by the Sign Code. The 'tower' canopy over the primary entrance on Rand Road complies with the 30' height limitation and the bell meets the criteria for alogo. Therefore, these elements of the proposal comply with Village Sign Code regulations. LiJ!htinJ! Plan: The Petitioner's lighting plan indicates the lighting levels will slightly exceed the Zoning Ordinance regulations that limit light levels to an average of2.4-foot candles (Sec. 14.2219). In addition, some areas oflights at the property line exceed the O.5fc limitation. The Petitioner has not requested a Variation from the Village's lighting regulations and has not provided justification for a Variation. Therefore, the lighting plan must be revised to comply with Village Code requirements. REVIEW BY OTHER DEPARTMENTS The comments from the Village's Traffic Engineer were incorporated into the Site Access & Parking section of this memo. Comments from other departments are listed below. Fire . . Hydrant spacing must be in accordance with the Development Code; The building will require automatic sprinklers. Public Works The revised submittal addressed comments from the Public Works Department. However, comments to be addressed as part of the Building Permit process should be noted as follows: PZ-O7-05 Planning & Zoning Commission meeting March Page 4 . Sheet 1 of 1 shows the new sanitary service connecting to an existing manhole over a sanitary line that seems to cross the site from southwest to northeast. Is this line part of the existing service to the site, or is it an existing main? If it is part of an existing service, the portion to remain in use will have to be televised to insure that it is still serviceable. If it is a sanitary sewer main, the owner must be noted, and an easement must be provided over the sewer. . The stormwater detention calculations shown on Sheet I of 1 seem to indicate that the lot will be only 14% impervious. (0.08 ac impervious out of 0.55 total ac). This should be verified/corrected. In addition, the restrictor detail, high water level, . volume provided calculations, etc. will have to be provided. . Section I5.S02.B.3 requires that public sidewalk be installed in the Rand Road right of way adjacent to the site. . Stop signs will have to be provided at the stop bars on the driveways. APPROVAL PROCESS The Subject Property is zoned RX Single Family. In order to construct the proposed restaurant, the site has to be rezoned, obtain Conditional Use approval, and obtain Variations from Zoning Regulations. This requires a public hearing and recommendation by the Planning & Zoning Commission followed by final review and action by the Village Board. . ~. GENERÂL ZONING COMPLIANCE ">, "The existing site. conditions do not comply with current Village zoning regulations because the parking lot .',. . 'encroaches into the required setbacks. The parking lot is primarily built up to the lot line. However, the Petitioner would demolish the existing building and construct a new parking lot. The proposed building would meet all setbacks, but the parking lot and dumpster would encroach into the required 10' perimeter landscape setback. The following table compares the Petitioner's proposal to the required landscape setback. ì: ~. 10' Perimeter Landscape Requirement Proposed SETBACKS: Front 10' 5' (one area only) 5' (East) Interior 10' 4'4" (West) Rear 10' 2' .' .«. ... LOT COVERAGE .. 75% Maximum 72% REQUIRED FINDINGS MAP AMENDMENT STANDARDS The standards for Map Amendments are listed in Section 14.203.D.8.a of the Village Zoning Ordinance. When a Map Amendment is proposed, the Planning and Zoning Commission shall make findings based upon the evidence presented to it in each specific case with respect to, but not limited to, the following matters: . The compatibility with existing uses and zoning classifications of property within the general area of the property in question; > '" "-'»-ç-~...".<.c_»,>'.'.~,,",~~.-~,.>o,, PZ-07 -05 Planning & Zoning Commission meeting March 24, 2005 Page 5 . The compatibility of the surrounding property with the permitted uses listed in the proposed zoning classification; The suitability of the property in question to the uses permitted under the existing and proposed zoning classifications; and . . Consistency with the trend of development in the general area of the property in question, and the objectives of the current Comprehensive Plan for the Village. The Subject Property is adjacent to existing commercial and retail businesses. The proposed Taco Bell with a drive-thru is the same as the existing use. However, the new building, parking lot, and additional landscaping would be in keeping with current development trends and would be an appropriate use for the Subject Property. Also, rezoning the property to B3 would be consistent with recently approved developments approved in the Village (Metro Federal Credit Union). The proposal meets the standards for a Map Amendment because it is compatible with existing properties within the general area of the Subject Property. CONDITIONAL USE STANDARDS The standards for conditional uses are listed in Section 14.203.F.7 of the Village Zoning Ordinance. The section contains seven specific findings that must be made in order to approve a conditional use. These standards relate to: . The conditional use will not have> a detrimental effect 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 and 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 proposes to construct a restaurant with a drive-thru, which is the same as the current use. The proposed conditional use (drive-thru) was designed to reflect the proposed site improvements and would create a safe interior circulation pattern. The proposal meets the standards for a Conditional Use subject to minor modifications to the site plan and landscape plan. VARIATION STANDARDS The standards for a Variation are listed in Section 14.203.C.9 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Variation. The following list is a summary of these findings: . A hardship due to the physical surroundings, shape, or topographical conditions of a specific property not generally applicable to other properties in the same zoning district and not created by any person presently having an interest in the property; Lack of desire to increase financial gain; and . . Protection of the public welfare, other property, and neighborhood character. The Petitioner is proposing to construct a fast food restaurant with a drive-thru. The redevelopment of the site would improve a property originally developed under Cook County regulations and currently exceeds Mount Prospect Code requirements. However, the parking lot and dumpster would encroach into the 10' landscape ,,-,-- '.,._,'", PZ-07-05 Planning & Zoning Commission meeting March Page 6 setback. The Petitioner has worked with Staff to minimize the scope and location of the encroachments to ensure the Rand Road frontage is vastly improved and to have a safe site circulation. The Petitioner's request for Variations for 1 stacking space and 1 parking space during peak shift hours is in keeping with the current site conditions. Modifying the driveway to address Engineering's comments regarding the entrance only driveway would ensure a safe traffic flow and minimize the impact of the stacking deficiency. The size and shape of the Subject Property present physical limitations for redeveloping the site. The proposed site plan, subject to modifying the entrance driveway, would improve the character of the area and be in keeping with the Village's Corridor Design Guidelines that call for increased landscaping. RECOMMENDATION Based on the above analysis, the proposed request complies with the Map Amendment, Conditional Use, and Variation standards listed in the Zoning Ordinance. Based on this analysis, Staff recommends that the Planning and Zoning Commission recommend that Village Board approve the proposed request subject to the following conditions: 1) Development of the site in accordance with: . The site plan prepared by Ronald Source Architects date stamped March 11, 2005 revised to reflect a narrowed entrance driveway to 15' and having a 20-25' turning radius; . The landscape plan prepared by Ronald Source Architects date stamped March 11, 2005 revised so the Rand Road frontage has at least 50% year-round interest species; . The lighting plan prepared by John Bujake, Accuserv Lighting & Equipment, but revised to comply with the Village's lighting regulations (Sec. 14.22l9); . The elevations prepared by Ronald Source Architects date stamped March ll, 2005 that document the '" building will not exceed the Village's 30% EIFS limitation. 2) The proposed improvements shall be constructed according to all applicable Village Codes (Sign Code, ,Site Construction Standards, Building and Fire Code regulations); 3) Prior to obtaining the Certificate of Occupancy, the Petitioner shall prepare a plat of resubdivision that consolidates the site to a one-lot subdivision; and 4) The Petitioner shall obtain permits from all appropriate agencies, including, but not limited to, mOT, and MWRD. The Village Board's decision is final for this case. I concur: ~ William J. Cooney, A CP, Director of Community Development Ijc ~'PL-\.'I'Planning & Zoning COMM\P&Z 2005\S..ffMcmolPZ-O7-OS MEMO (T"", Bell),doc VILLAGE OF MOUNT PROSPECT Mount Prospcct COl\1MUNITY DEVELOPMENT DEP AR T"MENT - Planning Division 50 S. Emerson Street Mount Prospect, illinois 60056 Phone 847.818.5328 FA."X 847.818.5329 Appli cati on for Conditional Use Approval, \fÞ[l{ e~ ~ \..t..H:t~.£~.I!~~ DN~ z 0 - E- . ~.~ ~ - o~ ~. y zE ~£ ~. 'Q z z '"' '"' ¡,.. ~ ~ Q:: ~ :;:. z - ;;;;;¡ E- V3 cj z - E- ~ X ~ z 0 ~ -< ~ c:::, °- ~ ::: Z ~ ~:g, Z 0.. ;;¡< 01 c::: c." ~ U -< M Case Number P&z .. Development Name! Address Date of Submission Hearing Date Site Area It-cres) ..c;)Ó\ Setbacks: Fro t Side Side Building Height I Lot Coverage (%) " '-8" . Number of Parking Spaces I ~~ \" Adjacent Land Uses: North ß t TÕ3~~ ~r ~~~ Ar~õt~m~~D (9~ - :2l- ag - D:JÐ- ~ 3 Legal Description (attach additional sheets if necessary) "5'fÇ 4~) 2 - '2~o z; 0 ¡:: < ~I ==: ~ 0 ~ ~o - >, Qt:: z; ( ) ;:¡ C- O e ==:~ 0' ~ u < == !Ii ;:¡ Ii) Z;, 01 ~,'C'Y", ': <"ëa :; § =' .¡;; o~ ¡:.. 0 Z ... -Q., Që Z ( ) :;¡ E C §" ='~ e" > ~ ( ) UO <I - - or Name N~¥- ~~\! Corporation Street Address ~I:r~f'~ \2(:). Zip Code ~(Ç City State l- Developer Name Address Attorney Name Address Surveyor Name ~~:ee~~\~lL~ Address ~ ~q PDlA.~vf2- ~N ~u...,.s:, , ~ ~~ ( Archite~. f~ Name Ù' Address ,\ LA {;.. btlLW ~ - ~ ~ ~L\'N<..(, ~ tIt.U L., loCl:f)(- L ~b Mount Prospect Department of Community Development "'^ "-...1.. '"'------ C'._-~ ,.r-..-. n_____~ T1I:__:- - -Z OD Fax: ~/L\- \LfSO Telephone (day) Fax Telephone (day) Fa;'( Telephone (day) Fax Telephone (day) Telephone (day): Fax Telephone (day): F a,'( Phone 847.818.5328 T".--- 0... 0'0 "'.,"'^ Proposed Conditional Use (as listed in the zoning district) Describe in Detail the Buildings and Activities Proposed and How the Proposed Use Meets the Attached Standards for Conditional Use Approval (attach additional sheets ifnecessary) :: ~ Js:\Tk ~J Q r.rJ E-< ::"rJ'l Or.rJ )ot::J ~O <~ - - Cx¡ ::;z ::JO rJ'l~ U < Hours of Operation Address(es) (Street Number, Street) Sq. Ft. Devoted to Proposed Use ~D ;'¡¡z :=0 rJ'l- QE- r.rJ< ~~ =-0 0::.. Q::Z :..- Setbacks: Front I 0 ~Dlt Building He~iaht (, ( /' Rear 4L t( Lot Coverage (%) Side ,~(I.( Number of Parking Spaces Side Ie Please note that the application will not be reviewed until this petition has been fully completed and all required plans and other materials have been satisfactorily submitted to the Planning Division. Incomplete submittals will not be accepted. It is strongly suggested that the petitioner schedule an appointment with the appropriate Village staff so that materials can be reviewed for accuracy and completeness at the time of submittal. In consideration of the information contained in this petition as well as all supporting documentation, it is requested that approval be given to this request. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agents permission to enter on the property during reasonable hours for visual inspection of the subject property. rovided herein and in all materials submitted in association with this application are true and e. Date J 0 ~ OS- I hereby designate the applicant to act as my agent for the purpose of seeking the V ariation(s) described in this application and the associated supporting material. . Property Owner Date Mount Prospect Department of Community Development 11\(\ "-...1. T".------ C'.---. "..-.--. n_____~ <11:__:- Phone 847.818.5328 T'.___OA...,O10C"""'" .' -, ,- h _. .,- .. II. RONALD P. SORCE; A.LA. ARCHITECTS, P.C. February 10, 2005 --- Community Development Department Village of Mt. Prospect 50 S. Emerson Street Mt. Prospect, IL 60056 Re: Taco Bell Restaurant 2410 E. Rand Road Mt. Prospect, IL To Whom It May Concern: Ro.nald P. Sorce Architects is seeking conditional use approval, variation request and map amendment for the above referenced project. f. .,", The Twins Group, a franchisee of Yum! Brands, owns this location. Yum! Brands requires the franchisee to build new facilities when their franchise agreement matures. A 25-year-old Taco Bell building is currently on the site. The new building will keep the same orientation and face Rand Road. Parking is located adjacent to the east and west sides of the building. Stacking is available for seven (7) cars in the drive-thru lane. A bypass lane is also provided. These traffic patterns are similar to the existing patterns customers are currently familiar with. We are seeking variances to the parking set backs for the side and rear yards. We worked closely with staff to develop a site plan that provides similar traffic pattern flows that would adhere to most of the set back requirements. The side and rear yards that encroach on the set backs will be significantly landscaped and screened to minimize the encroachment. We will continue to work with your Community Development staff to develop the final landscape plan in order to address these areas to the staffs' satisfaction. The proposed new building has the same function as the existing facility. We feel that this request is not detrimental to, nor a danger to, public health and welfare and will not hinder the enjoyment of the adjacent properties. This request does not impede the development and improvement of the surrounding properties, as this is an established restaurant site. . ARCHITECTURE. INTERIOR DESIGN. CONSTRUCTION MANAGEMENT 121 S. WILKE ROAD, SUITE 400, ARLINGTON HEIGHTS, ILLINOIS 60005 847/392.2600 E-MAIL rpsa@earthlink:net FAX 847/394-4972 .. II. The new facility will have adequate utilities, access, drainage, etc., by utilizing existing services or providing new where required. The proposed ingress and egress minimizes traffic congestion and is similar to existing. The proposed use- for this site is not contrary to the current comprehensive site plan for the Village and will conform to the regulations of the district except for those regulations pursuant to the recommendations of the Planning and Zoning Commission. We are requesting a map amendment from T-X zoning to 83 zoning. Please contact me with any questions or comments you may have. 2 I . , " > "o'>..U', <." ."",,": ..'.' ;:~4'....';.,', :S,."':.':q..'."""".,,'.'.".' "'.""""""F'. :"",',".'."'t"","',',""'."..",'.,'.',".".'".>'I"",""".~..','."',','.D"".'.'.".""'.'",'.'.."':"".',.',.'."'",,""",'.,""','.','S""""""","",'i'.",',"""'g"""'" ',"'n"""""""""""""",:_"-, .' 56-1/16" 122-11/32" OAH VARIES SCALE: 1/4"=1'-0" :~¿~;Hi¡::: Everbrite .' ",.." ~. . ";.:'~~.'~":W Identity Systems Division . . . 80-15 16" 10" H 6' SIDE VIÐN ,,<,,",", ".~,..'."".". - VJo!et- Match Spraylat L8-7917 Yellow- Match Spraylat L8-7836 Magenta- Match Spraylat L8-7937 64 (ACTUAL SQUARE FOOTAGE) ELECTRICAL SPECIFICATIONS: LAMPS: (2) F 117T12 Design 50 HO (2) F108T12 Design 50 HO (2) F96 Tl2 Design 50 HO BALLASTS: (2) MS8 - 1232-816-5 Magnetek LlNELOAD: 7.0 Amp (1)15 Amp @ 120v circuit MAXIMUM WiND LOAD: 50 pst ¡! SERVICiNG: Face hinged at bottom ¡¿ SCALE: 1/2"= 1 '-0" WEIGHT: 580 Ibs. (crated) ,@ @) :,-, " ',',;, :,',~,',:,ì., " '.:: .'/~',',.L,"~'f, L, :,~í4,:,:,~:l,i,~'æ@,:1,iJJ..,t,i~i,i,I,,:,.,~..,'~,1,;:,.~,.'~' , \.CU;:1t...OIlIiCOpU.,.~" ". £;"'J .",,::';:-,:\.f::t~fV}:~J}t<~::,..,:;,~%}i'¡i6~ This Sign- EOO046B PCN 4# 059051 UFPC 4# E91830003 Appendage faces can be ordered with custom copy SERVICS ACCESS: SeNice sign through hinged side by removing all screws from retainer. Open hinged side by pulling upper part of retainer outward until safety chains are fully extended. 1.0. face and appendage panel hinge as one unit. (Continu- ous hinge located at bottom of sign.) . :/}~,;);:>.:: Everbrite ',,':, ~ ': "'.' Identity Systems Division ,"""O;'Y','>è'"~~,,;,,, ":)", 'c,," ~"""",: .-f!,¡,~,<:"".",,,',kH~(, I ¡- f i r , "'" .," ~~~~~'...."~'..,, \~to transformer "" ' \~ ¡'\"~","",:,."'.",' I " j I , I ¡~, ,"" ,:,,',:,,' :"",."",:,,"','", "'",:',', " """""..."', ",,',' i~1 '.~,.""",~ ~~ ~~IT oo'J! ','013 'J ",,'10 TOP VIEy."ofrådi\.ls canopy)' i ¡ "~.",",.,,"~/---~" ! oíf\óJc~ó~ "\::'..."""':)":;:"'::,:' "'~" ':~ ':' "C' ", . , ", ", , ' ELECTRICAL SPECIFICATIONS: UGHTlNG: 15mm White Neon , ' SIGN SPECIFICATIONS: SERVICING: Remove front face to service BALlASTS: (1) 90CJ0V @ 60 MA UNELOAD:(1) 20 Amp circuit/ 4.7 Amp @120V @ CRATED WEIGHT: #150 CUBE: 39 cf Gasket an - face .118 white poly face " 'I Violet vinyl ---I 15mm óOMA white 6500 ¡ I I j j ! ¡ j TACO BELL individual letters shown on YUM style building fascia :~ ~;; ~i ~::: E verbrite .' ...:8.$:-, .....:.:~...-. C) Identity Systems Division No. #6 screw on bottom side Clearance hole thru ASS Liquidtight connector auembly .125 Violet - ASS wi UV , dear coat .09 alum. heat shield ptd. white Locknut- 3 reqiJd per stub --O-ring Pipe coupling SECTION VIEW 210386 4/30/03 CH ',',',', ",T.O ',.','i;'",'.',,',"B" ",""',' ""I""I"".,"',,"..,.,',',S',.','<,.,',.',':,/;,ë:,""".t,"';,':,FZ;;,'1',~:?',",',~':'.,"-"",.,';',"',:".,',"B:"',.""'<I""I",', ",i.,',"".',',',",'."",',",.'., .",:,,'.',.'.',',',',' ',',c,"" ,,",.', i"""" ;:,.aco', ei.' 'wln,g' I'ng:.'e '."'.',.,...', ' ,,", "," c, ",";','>":.'i~"'";,';.;'"");,,~,,,,i.>r,tJ',";C;,:'..,}~'::('" ,.:O,i,',.,.." :';,\,.:<,<.\i'.,J.:'~"~",".,o:"'c' ','<.' ',.',,' ,'" Aluminum back Formed face is capped over alum. back Embossed face with screened graphics - Vlolet- Match Spraylat L8-7917 Yellow- Match Sprayfat L8-7836 Magenta- Match Sprayfat L8-7937 ELECIRICAL SPECIFICATIONS: LAMPS: (2) F48T12 Design 50 HO (2) F36T12 Design 50 HO BAILAS1S: (1) MSß.1232-616 Iv1agnetek LINEIDAD: 3.5 Amps @ SIGN SPECIFICATIONS: SERVICING: Remove front face to service CRATED-WEIGHT: #140 CUBE: 35 cf ':"-"':':/.' ::::~..i:':': Everbrite .' -...' '. . ";.:~:~.':" ':\i¡ Identity Systems Division PART NO. EO1l79B Swinging Bell shown on YUM building fascia 210386 4/30/03 CH .. II. RONALD P. SORCE, ALA. ARCHITECTS, P.C. March 8, 2005 Ms. Judith M. Connolly, AICP Senior Planner Community Development Department Village of Mount Prospect 50 S. Emerson Street Mount Prospect, IL 60056 Re: Conditional Use & Variations - Taco Bell 241 0 E. Rand Road Dear Ms. Connolly: Our response to staff's comments for the above referenced project is as follows: FIRE 2. -'o'~'." ---""'0" "'-"""00-'0"-0'-"""'--' ~""'-"--""---'-"""..,. """C'-"'-'-'~---'~"'-'O"-'-."-'-' .. 1. A new hydrant was shown near the southwest corner of the property. We will confirm the spacing with the Development Code and include in our permit submittal. It is my understanding that this building will be equipped with sprinklers. The system will be design/build by the general contractor. Appropriate plans and calculations will be submitted to the Building and Fire Department for approval..~-~",- ---" 1. PUBLIC WORKS 2. The size of the parking spaces along the southeast side of the building have been corrected. Please refer to Sheet AO. The limited physical size of the site and Taco Bell operations (the amount of time anticipated to serve a drive-thru customer) predicated the seven (7) car stack. This prototype typically has two drive-up windows, 1 pay and 1 pickup. The pay window was eliminated to streamline the time patrons are in the drive thru lane. To Be Addressed Prior To Issuing A Building Permit: . The sanitary service exists on the site. As required, we will have the sanitary line " televised to insure its use. . Storm water calculation will be review and any corrections included with the set. All details, high water level, calculations, etc., will be included in the permit submittal package. ' 0,"";,' . ARCHITECTURE. IN T ER 10 R'DES JG N"."C ON sfí=!à'6+IÒN;:'fiÀ"Rii1d)-~"~:r~;~y' 121 s, WILKE ROAD, SUITE 40O, ARLINGTON HEIGHTS, 'ILLINOIS 60005 847/392-2600 E-MAIL rpsa@earthlink.net ',..;C..' FAX 847/394-4972 .. II. . Photometrics are included with this package. . The petittoner will install a sidewalk. Please be advised that there are no sidewalks on the adjacent properties. We would like to coordinate the location with staff. . Stop signs will be added on the permit submittal Planning 1. The pole sign has been revised to a monument style base. 2. Landscaping has been increased along Rand Road and interior to the site. If there are any additional questions or comments, please contact me. ~~~Çl~ Project Manger .........._...._....;..cc: . . Nicholas Kallergis Taco Twins, Inc. .......... ........----.' . .-................-..p...- ...... ... Page I of 1 Lowe, Velma -----------' From: Connolly, Judy Sent: Wednesday, March 30, 2005 10:23 AM To: Lowe, Velma Cc: Dewis, Kimberly Subject: FW: Taco Bell 2410 E. Rand Road Case Summary PZ 07-05 -----Original Message----- From: Gene Guzzardi [mailto: Sent: Wednesday, March 30, 2005 10:23 AM To: Cooney, Bill Cc:Connolly, Judy Subject: Taco Bell 2410 E. Rand Road Case Summary PZ 07-05 30 Mar 05 Dear Mr.. Cooney, We are scheduled to appear before the Village Board on Wednesday April 6, 2005, We are requesting a Map Amendment, Conditional Use Approval, and Variations for Zoning Regulations to allow the development of a new restaurant with a drive-thru. I am requesting that the Village Board waive the second reading and take final action on 6 April 05. Thank you for your assistance Gene Eugene J. Guzzardi Senior Project Manager Ronald P. Sorce AlA Architects, P.C. 121 S. Wilke Road, Suite 400 Arlington Heights, IL 60005 Phone: 847/392-2600 Fax: 847/394-4972 3/30/2005 vwl jc 3/31/05 ORDINANCE NO. AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP WITH RESPECT TO THE ZONING OF CERTAIN PROPERTY FROM R-X (SINGLE FAMILY RESIDENCE) TO B-3 (COMMUNITY SHOPPING DISTRICT) FOR PROPERTY COMMONLY KNOWN AS 2410 EAST RAND ROAD WHEREAS, The Twins Group, d/b/a Taco Bell, is the owner of property commonly known as 2410 East Rand Road (hereinafter referred to as "Subject Property"); and WHEREAS, the Subject Property is legally described as follows: PARCEL 1: THAT PART LYING EAST AND NORTH OF RAND ROAD OFTHEWESTYzOFTHE NORTHEAST X OF SECTION 28, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPT THE EAST 521.20 FEET THEREOF DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE WEST LINE OF THE AFORESAID EAST 521.20 FEET WITH THE NORTHEASTERLY LINE OF AFORESAID RAND ROAD; THENCE NORTHWESTERLY IN THE NORTHEAST LINE OF AFORESAID RAND ROAD A DISTANCE OF 100.00 FEET, TO A POINT; THENCE NORTHEASTERLY IN A LINE DRAWN AT RIGHT ANGLES TO AFORESAID NORTHEASTERLY LINE OF RAND ROAD A DISTANCE OF 112.04 FEET TO A POINT IN THE WEST LINE OF AFORESAID EAST 521.20 FEET OF THE WEST Yz OF THE NORTHEAST X; THENCE SOUTH IN THE LAST DESCRIBED LINE A DISTANCE OF 150.18 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. PARCEL 2: THE WEST 90.0 FEET OF THE EAST 521.20 FEET, EXCEPT THE NORTH 158.0 FEET AS MEASURED ON THE EAST AND WEST LINES THEREOF OF THAT ÞART OF THE WEST ~OF THE NORTHEAST X LYING NORTHEASTERLY OF THE NORTHEASTERLY LINE OF RAND ROAD, OF SECTION 28, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; Property Index Numbers: 03-28-201-014-0000 03-28-201-020-0000 and WHEREAS, Eugene Guzzardi, representing The Twins Group, (hereinafter referred to as "Petitioner") has filed an application to rezone the Subject Property from R-X (Single Family Residence) to B-3 (Community Shopping) district; and WHEREAS, a Public Hearing was held on the request for rezoning, being the subject of PZ-O7-05 before the Planning and Zoning Commission of the Village of Mount Prospect on the 24th day of March, 2005 pursuant to due and proper notice thereof having been published in the Mount Prospect Journal & Topics on the 9th day of March, 2005; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendations relative to PZ-07 -05 to the President and Board of Trustees of the Village of Mount Prospect; and [, 2410 E. Rand Road Page 2/2 WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have considered the request being the subject of PZ-07-05 and have determined that the best interests ofthe Village of Mount Prospect would be served by granting said request. 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: 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 R-X (Single Family Residence) to B-3 (Community Shopping) District as shown on the attached Site Plan, prepared by Ronald Source Architects, with a revision date of March 28, 2005, a copy of which is attached hereto and hereby made a part hereof as Exhibit "A". 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 ,2005. Gerald L. Farley Village President ATTEST: Velma W. Lowe Village Clerk HICLKOlfileslWINIORDINANCIREZONE 2410 Rand,Taco Bell2005,jc.doc ~. " ~ vwl jc 3/31/05 ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT AND VARIATIONS FOR PROPERTY LOCATED AT 2410 EAST RAND ROAD WHEREAS, The Twins Group d/b/a Taco Bell Restaurant (hereinafter referred to as "Petitioner") has filed a petition for a Conditional Use permit and Variations with respect to property located at 2410 East Rand Road, (hereinafter referred to as the "Subject Property") and legally described as follows: PARCEL 1: THAT PART LYING EAST AND NORTH OF RAND ROAD OF THE WEST ~ OF THE NORTHEAST X OF SECTION 28, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, EXCEPT THE EAST 521.20 FEET THEREOF DESCRIBED AS FOLLOWS: COMMENCING AT THE POINT OF INTERSECTION OF THE WEST LINE OF THE AFORESAID EAST 521.20 FEET WITH THE NORTHEASTERLY LINE OF AFORESAID RAND ROAD; THENCE NORTHWESTERLY IN THE NORTHEAST LINE OF AFORESAID RAND ROAD A DISTANCE OF 100.00 FEET, TO A POINT; THENCE NORTHEASTERLY IN A LINE DRAWN AT RIGHT ANGLES TO AFORESAID NORTHEASTERLY LINE OF RAND ROAD ADISTANCE OF 112.04 FEET TO A POINT IN THE WEST LINE OF AFORESAID EAST 521.20 FEET OF THE WEST Y2 OF THE NORTHEAST X; THENCE SOUTH IN THE LAST DESCRIBED LINE A DISTANCE OF 150.18 FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. PARCEL 2: THE WEST 90.0 FEET OF THE EAST 521.20 FEET, EXCEPT THE NORTH 158.0 FEET AS MEASURED ON THE EAST AND WEST LINES THEREOF OF THAT PART OF THE WEST Y2 OF THE NORTHEAST X LYING NORTHEASTERLY OF THE NORTHEASTERLY LINE OF RAND ROAD, OF SECTION 28, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS; PROPERTY INDEX NUMBERS: 03-28-201-014-0000 03-28-201-020-0000 and WHEREAS, the Petitioner seeks a Conditional Use permit to construct a restaurant with drive-through access on the site of an existing restaurant; and WHEREAS, the Petitioner seeks Variations for one (1) parking space and one (1) stacking space during peak shift hours, and Variations for the front, side, and rear setbacks; and WHEREAS, a Public Hearing was held on the request for a Conditional Use permit being the subject of PZ-07 -05 before the Planning and Zoning Commission of the Village of Mount Prospect on the 24th day of March, 2005, pursuant to proper legal notice having been published in the Mount Prospect Journal & Topics on the 9th day of March, 2005; and D 2410 E. Rand Road Page 2/3 WHEREAS, the Planning and Zoning Commission has submitted its findings and positive recommendations to the President and Board of Trustees in support of the request being the subject of PZ-07 -05; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the request herein and have determined that the same meets the standards of the Village and that the granting of the proposed Conditional Use permit and Variations would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: The recitals set forth are incorporated as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: The President and Board of Trustees of the Village of Mount Prospect do hereby grant a Conditionàl Use permit, as provided in Section 14.203.F.7 & Section 14.203.C.7 of the Village Code, to allow the construction of a restaurant with drive-through access on the site of an existing restaurant on the Subject Property, as shown on the Site Plan, a copy of which is attached hereto and hereby made a part hereof as Exhibit "A" SECTION THREE: Prior to the issuance of a building permit relative to the Conditional Use permit and Variations, the following conditions shall be fulfilled: 1. Development of the site in accordance with: . The site plan prepared by Ronald Source Architects with a revision date of March 28, 2005, that reflects a narrowed entrance driveway of 15' and having a 20-25' turning radius as well as the parking lot having a 4'4" setback along the west lot line, a 2' setback along the north lot line, a 5' setback along the east lot line, and a 5' setback for one parking space along the southwest corner of the parking lot, but 10' for the remainder; . The landscape plan prepared by Ronald Source Architects date stamped March 11, 2005 revised so the Rand Road frontage has at least 50% year- round interest species; . The lighting plan prepared by John Bujake, Accuserv Lighting & Equipment, revised to comply with the lighting regulations as part of the Mount Prospect Village Code; . The elevations prepared by Ronald Source architects, date stamped March 11,2005 with a revision date of March 28, 2005 that document the building will not exceed the Village's 30% EIFS limitation. II' 1 ..t 2410 E. Rand Road Page 3/3 2. The proposed improvements shall be constructed according to all applicable Village Codes (Sign Code, Site Construction Standards, Building, and Fire Code regulations; 3. Prior to obtaining the Certificate of Occupancy, the Petitioner shall prepare a plat of resubdivision that consolidates the site to a one-lot subdivision; and 4. The Petitioner shall obtain permits from all appropriate agencies including, but not limited to, lOOT and MWRD. SECTION FOUR: The Village Clerk is hereby authorized and directed to record a certified copy of this Ordinance with the Recorder of Deeds of Cook County. SECTION FIVE: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of ,2005. ATTEST: Gerald L. Farley Village President Velma W. Lowe Village Clerk HICLKO\files\WIN\ORDINANCIC USE-VAR, Taco Bell, 2005.jc doc ~ INTEROFFICE MEMORANDUM Village of Mount Prospect Mount Prospect, Illinois TO: VILLAGE MANAGER MICHAEL E. JANONIS lab. ~~ ~I (..Io~ FROM: ASSISTANT VILLAGE MANAGER DATE: MARCH 10,2005 REVISIONS TO FLEXIBLE COMPENSATION PLAN SUBJECT: The Village has had a flexible compensation (flex camp) plan in place since 1985 that allows employees to redirect compensation to pay for out of pocket medical/dental expenses or dependent care expenses on a tax exempt basis. It is not uncommon for employees to set aside several thousand dollars during the year for deductible expenses of dependents so the funds are readily available for such expenses without putting a burden on the employee to cover the expense on a short-term basis. Employees must submit written documentation of any expenses incurred for monthly reimbursement. The flex comp plan needs to be revised to comply with tax law regulation changes and general clarification of the plan for improved administration. Two modifications to the plan relate to regulation changes in the definition of "dependent" and privacy information as part of Health Insurance Portability and Accountability Act (HIPAA).The modification of the term "dependent" would now coincide with the definition of "dependent" as stipulated by the IRS. The privacy regulations are mandated by HIPAA and have been phased in over time to various plans depending on the size of the plan assets. While the HIPAA regulations are retroactive back to April 14, 2004, the Village had a year to come into compliance with the regulations. The other modification is the need to clarify the "eligible medical and dental expenses" so health club expenses or exercise equipment is excluded from the list of expenses that could be reimbursed through the plan. Previously the definition language that had been utilized directly from the IRS could be interpreted to allow for the purchase of such items and it was determined that such an option is not a legitimate use of flex comp funds. The attached resolution is intended to modify the plan as described above. A copy of the red-line version of the plan document is also available for review, if desired. Staff is recommending approval of the Resolution to modify the Village Flex Camp Plan. ~ ~..:J.s=6-ð E David Strahl H:\HUMR\Flexible Compensation Plan\Flex Plan Modification Cover Memo VB 2005.doc vwl 3/10/05 RESOLUTION NO. A RESOLUTION AUTHORIZING AMENDMENTS TO THE MOUNT PROSPECT FLEXIBLE COMPENSATION PLAN WHEREAS, pursuant to provisions of the Internal Revenue Code, there was submitted to the Mayor and Board of Trustees of the Village of Mount Prospect (hereinafter referred to as "the Village") a certain plan entitled "Village of Mount Prospect Flexible Compensation Plan" to provide for payment of specific expenses of Village employees for the Medical Plan of the Village of Mount Prospect; and WHEREAS, the Mayor and Board of Trustees did approve Resolution No. 39-85 authorizing said "Village of Mount Prospect Flexible Compensation Plan" (hereinafter referred to as "the Flex Comp Plan") for employees of the Village; and WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect have determined that it is in the best interest of the Village to amend the Flex Comp Plan, which amendments would create compliance with the Internal Revenue Service Code and the Health Insurance Portability and Accountability Act. 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 Village of Mount Prospect Flexible Compensation Plan is hereby amended to define "dependent" to comply with the Internal Revenue Service Code as amended, to include privacy regulations and procedures to comply with the Health Insurance Portability and Accountability Act (HIPAA), and to define "eligible medical or dental expenses" to exclude the purchase of, or participation of, items considered for general health. SECTION TVVO: That the Mayor and Village Clerk are hereby authorized to execute "The Village of Mount Prospect Flexible Compensation Plan" as amended and attached hereto as Exhibit "A", which shall be effective as of April 6, 2005. Amend Flex Comp Page 2/2 SECTION THREE: 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 ,2005. Gerald L. Farley Mayor ATTEST: Velma W. Lowe Village Clerk H:\CLKO\files\WIN\RES\FLEX CaMP amendments,Apr 2005.doc 9. VILLAGE OF MOUNT PROSPECT FLEXIBLE COMPENSATION PLAN AMENDMENTS APRIL, 2005 At a meeting held on the 6th day of April, 2005, at which a quorum was present, the Board of the Village of Mount Prospect (the "Board") adopted the following amendments to the Flexible Compensation Plan: RECITALS 1. The Village of Mount Prospect (the "Village") has established, and maintains, the Village of Mount Prospect Flexible Compensation Plan (the "Plan"). 2. The Plan defines the term "Dependent" by reference to section 152 of the Internal Revenue Code (the "Code"). The Working Families Tax Relief Act of 2004 (the "WFTRA") modified the definition of the term "dependent" under Code section 152 (and related statutory provisions) effective January 1, 2005. 3. 4. The Village must amend the Plan to reflect the modifications made to the definition of "dependent" under the WFTRA. 5. In addition, the Village's Business Office is concerned that employees are using amounts set aside in their Health Reimbursement Accounts under the Plan to purchase exercise equipment and health club memberships by obtaining physician prescriptions that may, or may not, be legitimate. 6. The application of Health Reimbursement Account balances to expenses that are not legitimate medical expenses could jeopardize the tax status of the Plan. 7. To minimize the risk the Plan's tax status could be jeopardized by the improper reimbursement of expenses associated with exercise equipment, health club memberships, or equipment or services simply intended to promote general health, the Board has determined it is in the Village's best interest to amend the Plan to exclude coverage of those items. 8. The Health Insurance Portability and Account Act of 1996 ("HIPAA") and the regulations under HIPAA require that the Plan limit the use and disclosure of protected health information ("PHI") and protect the confidentiality of PHI in the Plan's possession. The Board has determined that it is in the best interest of the Village to amend the Plan to clarify the application of HIPAA to the Plan. EXHIBIT .; D D :I A Flex-Camp, Page 2/6 AMENDMENTS 1. Effective January 1, 2005, Section 1.2 of the Plan is revised in its entirety to read as follows: Dependent. With regard to "Eligible Medical or Dental Expenses," the term "Dependent" means any individual who is a dependent of the Participant, as defined in Code section 152 (as modified by Code section 105(b)), as amended. 1.2 With regard to "Dependent Care Expenses," the term "Dependent" means any individual who is: (a) (b) A dependent of the Participant who is under the age of 13 and with respect to whom the Participant is entitled to an exemption under Code section 152(a)(1); or, A dependent (as defined in Code section 152) or spouse of the Participant who is physically or mentally incapable of caring for himself/herself. If a Participant is divorced and the Participant has a child described in (a) or (b) above, the rules of Code section 21 (e)(5) (with respect to custody of the child) shall apply for purposes of determining the child's status as a Dependent. Effective January 1, 2005, Section 1.8 of the Plan is amended in its entirety to read as follows: 2. 1.8 Eliqible Medical or Dental Expenses. Except as otherwise provided in this Section 1.8, the phrase "Eligible Medical or Dental Expenses" means any expense for "medical care" as defined in Code section 213(d), as amended. The term "Eligible Medical or Dental Expenses" does not include premium payments for long- term care insurance coverage or for health plan coverage, such as premiums paid for health coverage under a plan maintained by an employer of the Participant's Spouse or Dependents. The term "Eligible Medical and Dental Expenses" does not include expenses incurred for long-term care services as defined in Code section 7702B(c). - 2 - Flex-Comp, Page 3/6 3. The term "Eligible Medical or Dental Expenses" does not include the following (regardless of whether the Participant has a physician's prescription): (a) (b) The cost to join or utilize a health, athletic or similar club; The cost of any weight loss or similar program; (c) The cost to purchase or rent supplies or equipment that (i) promote general health or (ii) are of common household use, such as (by way of example and not limitation): . Exercise equipment; . Air purifiers; . Central or unit air conditioners; . Water purifiers; . Allergenic pillows or mattresses; or . Waterbed$. The Village amends the Plan by adding new Section 4.6 to read as follows: 4.6 Use and Disclosure of Protected Health Information. The provisions of this Section shall be effective April 14, 2004. (a) Compliance With HIPAA. The Health Reimbursement Account plan (the "HRA Plan") will use protected health information ("PHI") to the extent of and in accordance with the uses and disclosures permitted by the Health Insurance Portability and Accountability Act of 1996 ("HIPAA"). PHI is individually identifiable health information that is transmitted or maintained in any form or medium - electronic, oral or written. Health information means any information that is created or received by the HRA Plan that relates to: 1) the past, present or future physical or mental health or condition of an individual, 2) the provision of health care to an individual, or 3) the past, present or future payment for the provision of health care to an individual. Specifically, the HRA Plan will use and disclose PHI for purposes related to health care treatment, payment and health care operations. - 3 - Flex-Comp, 4/6 (b) Payment includes activities undertaken by the HRA Plan to obtain premiums or determine or fulfill its responsibility for coverage and provision of plan benefits that relate to an individual to whom health care is provided. These activities include, but are not limited to, the following: . determination of eligibility and coverage; adjudication of health benefit claims (including appeals and other payment disputes); and billing, collection activities and related health care data processing. . . Use and Disclosure of PHI As Permitted by Authorization of the Participant or Beneficiary. With an authorization, the HRA Plan will disclose PHI to the Employer for purposes that may include, but are not limited to: 1) drug testing or fitness for duty examinations, 2) requests for leave under the federal or state Family and Medical Leave Act, 3) short term disability claims, 4) long term disability claims, 5) workers' compensation claims, and 6) requests for accommodations under the Americans with Disability Act. . (c) Permitted Disclosures to Employer. The HRA Plan will disclose PHI to the Employer only upon receipt of a certification from the Employer that the plan documents have been amended to incorporate the following provisions and the Employer agrees to the following. The Employer shall: . Not use or further disclose PHI other than as permitted or required by the HRA Plan document or as required by law; Ensure that any agents, including a subcontractor, to whom the Employer provides PHI received from the HRA Plan agree to the same restrictions and conditions that apply to the Employer with respect to such PHI; Not use or disclose PHI for employment-related actions and decisions unless authorized by an individual; Not use or disclose PHI in connection with any other benefit or employee benefit plan of the Employer unless authorized by an individual; . . . - 4- Flex-Camp, Page 5/6 (d) (e) . Report to the HRA Plan any PHI use or disclosure that is inconsistent with the uses or disclosures provided for of which it becomes aware; Make PHI available to an individual in accordance with HIPAA's access requirements; Make PHI available for amendment and incorporate any amendments to PHI in accordance with HIPAA; Make available the information required to provide an accounting of disclosures; Make internal practices, books and records relating to the use and disclosure of PHI received from the HRA Plan available to the HHS Secretary for the purposes of determining the HRA Plan's compliance with HIPAA; and If feasible, return or destroy all PHI received from the HRA Plan that the Employer still maintains in any form, and retain no copies of such PHI when no longer needed for the purpose for which disclosure was made (or if return or destruction is not feasible, limit further uses and disclosures to those purposes that make the return or destruction infeasible). . . . . . Separation Between HRA Plan and Employer. In accordance with HIPAA, only the following employees or classes of employees may be given access to PHI: . The Human Resources Director; The Village Manager; The Assistant Village Manager; The Payroll and Accounts Payable Clerk; and Staff designated by the Human Resources Director. . . . . Limitations of PHI Access and Disclosure. The persons described above may only have access to and use and disclose PHI for plan administration functions that the Employer performs for the HRA Plan. Noncompliance Issues. If the persons who have access to PHI do not comply with this HRA Plan document, the Employer shall provide a mechanism for resolving issues of noncompliance, including disciplinary sanctions. - 5- Flex-Comp, Page 6/6 4. The following actions taken by Management, effective April 14, 2004, with the intent to comply with the requirements of HIPAA are ratified: (a) The Village's Human Resources Director has been appointed as the Privacy Official for the Plan. (b) The Village has adopted Privacy Policies and Procedures that are intended to comply with HIPAA. 5. The Village Manager is authorized and directed to take any and all action that he/she deems necessary or appropriate to affect the foregoing amendments and to execute a revised Plan document incorporating the changes approved above. Gerald L. Farley, Mayor ATTEST: Velma W. Lowe, Village Clerk HICLKOI!ilesIWINIRESIFlex Camp Modifications 2005.AttachmentsDOC - 6- VILLAGE OF MOUNT PROSPECT FLEXIBLE COMPENSATION PLAN Restated Effective January 1, 2004~ TABLE OF CONTENTS ARTICLE I DEFINITIONS ....... ............" ..... .........,............. ............. .... ......,..,....,. ..... .....".... .........1 1 . 1 Code. .. . .... .. .... . .. ... . . ..... ... . ... .. . .. .. . ... ... ... .. .. .. .." .. .. .. . . .. .. .. ..... .. .. .. .. .. .... .. .. .. . .. .. .. .. .. ... . . .... . . .. .. ...1 l.2 Dependent ............. ...........................................................................................................1 1.3 Dependent Care Reimbursement Account........................ ....................." ........,.............,.1 1.4 Dependent Care Expenses................................. ................. ............ .......,...................... ....1 l.5 Dependent Care Service Provider...................................................... .................".. ...." "~+ 1.6 Elnployee .......................................................................................................................;:?.+ l.7 Employer.......................................... .................. ..................... .,..,.......................,...,.... ..Z+ 1.8 Eligible Medical or Dental Expenses..........................................,....................................2 1.9 FMLA Leave..................................................................................................................;2~ l.10 Health Reimbursement Account .......................,....................,...............................,......J~ l.ll Highly Compensated Employee ..................................................................................;2~ l.12 Key Employee................................ .,.., ..,................................................................ ,... ..~~ l.13 Participant .... .,.....,.......................... ........... ......................... ......... ...... ......... .....". ......." .;l~ l.l4 Plan ..... ......... ........................................... ............... .,......"..... ................."..... ....,......... .~.~ l.l5 Plan Administrator .......................................................................................................~~ 1 .l6 Plan Year.. ..,............................................. ......... ............ ......................... ..... ......,.... ......}~ l.17 Premiulll Prograln ...........................................,.........................................,..,...............;l~ 1.l8 Spouse ..................................... ....... ..................................................... ............,. ..".. ....,J~ l.l9 Uniformed Services ................."... ............................................. ,...... ......,......... ......... ..~~. AR TI CLE II PAR TI CIP A TI ON............... .:................................................................................ ..::1; 2.1 Conditions of Participation..................... ..................................................................... ..4; 2.2 Termination of Participation..............................................................................,........ ...:13- 2.3 Participation Duling Leave. ................................................................................,..........:1; 2.4 Reinstatement of Former Participant ..., ...... ..................... .................... ........ ........,...... ...{23 ARTICLE III BENEFITS .............................................................................................................16 3.1 Coverage Options - General Rule .......................................,.......................,.................7...6 3.2 Election Procedure - General Rule.................................................... ......... .,................. Z {; 3.3 New Participants - General Rule................................................... ..........".. ......,.....,... ..~+ 3.4 Failure to Return Election Fonn ....................................................................................~+ 3.5 Periods to Which Election Fonn Applies ..........................................................,............8.-'7. 3.6 Changes by Plan Administrator................................................... ...,................... ......... ..2& 3.7 Irrevocable Elections ................'.... ....... ........... ...... ........... ....... ............................ ..........28 3.8 Limit on Reimbursement Account Elections .............................................................1~++ 3.9 Limit on Group-Tenn Life Insurance ..........................................,.............................1~++ 3.l0 When Expenses Incurred .........................................................................................13H ARTICLE IV HEALTH REIMBURSEMENT ........................................,.,............,.........".....14+3- 4.l Benefits Provided by the Health Reimbursement Account ................,...,...........,......l1B 4.2 Detennination of Status as a Spouse or a Dependent ................................................J4-h'; 4.3 Total Health Reimbursement Account Available ........................ ........................ ......11+3- 4.4 4.5 Claims for Benefits ........,...........................................................................................L1H Excess Reimbursement or Failure to Use Amounts Available.......................,..........J5-1-4 ARTICLE V DEPENDENT CARE REIMBURSEMENT ACCOUNT ..................................18+:5 5.1 Benefits Provided by the Dependent Care Reimbursement Account ........................18¥S 5.2 Crediting of Accounts .............................................................,.............,...............,....l~B 5.3 Payment of Dependent Care Expense Reimbursements. ...,.......................................1.3+5 5.4 Excess Reimbursements or Failure to Use Amount Available..................................12-H; ARTICLE VI CONTINUATION COVERAGE UNDER HEALTH REIMBURSEMENT ACCOUNT .......................,.........................................................20+1 6.1 Continuation Coverage After Tennination ofNonllal Participation ..........................;Q+7- 6.2 Qualified Beneficiary................. ,...................................................... .,................,..... .204...::;:;. 6.3 QualifYing Event............................ ....................................,....................... .............. ..20+1 6.4 Benefit Available Under Continuation Coverage......................................................2l_-Hr 6.5 Notice Requirements.................................,...................................................,.......... ..2.1..-1-8- 6.6 Election Period ....,............ ..... ""'" """"""" ....... ........... ....... """""'" ...........................?~ +8 6.7 Duration of Continuation Coverage """"""""" ....... ............................. ......... ......,.....22+9 6.8 Birth or Adoption of a Child........, """""""" .....,........................... .............. .,........... .2.J.+9 6.9 Automatic Tennination of Continuation Coverage ...................................................2J.+9 6.10 Required Monthly Premium................................ .......................... """ """"""""" ..2.f+9 6.l1 Continuation Coverage for Employees in the Unifonned Services.........................22+9 ARTICLE VII PLAN ADMINISTRA nON ............................. ......................................... ......24~ 7.l Allocation of Authority......................................................."""""""'..................,......f4~ 7.2 Provision for Third-Party Plan Service Providers ....................................,.......,........,;.:!:t-t 7.3 LiInitation of Liability......................... ..,................ .............................................. "" ..24ft 7.4 Compensation of the Plan Administrator................................. ............................ .....,25~ 7.5 Bonding........ .............................. ,....................................... .................................. .... ..~.~.~ 7.6 Payment of Administrative Expenses ...................................................................,....~~P- 7.7 Disburselllent Reports..................................................................................., ,.,....... ..25B ARTICLE VIII CLAIMS PROCEDURE......... .............................................. .............,...... ......26~ 8.1 Procedure if Benefits are Denied Under the Plan ..........,.................,.........................;Q:t..1, 8.2 Requirement for Written Notice of Claim DeniaI..""""""""""""""'.......................~2B 8.3 Right to Request Hearing on Benefit Denial .............................................................26B 8.4 Disposition of Disputed Claims.................... .,......................................................... ..~6;g ARTICLE IX AMENDMENT OR TERMINATION OF PLAN...................................,.........:?'124 9.l Penn anen cy ........... """""""""""""'" ....... ....................................... ..................... .....21;t4 9.2 Employer's Right to Amend ......................................................................................27.£4- 9.3 Employer's Right to Terminate... ............................................................................ ..2724 ARTICLE X GENERAL PROVISIONS........ """""'" """"""""" ....................................,. .....Zß~ lO.l No Employment Rights Conferred......... """""'" .....,......... ............ """ """""""'" ..28:.ð 10.2 Payments Upon Death of Participant......... ........ """"""'" """""""""'" """ ......".. ..28~ lO.3 N onalienation of Benefits........................................................................... ....... ..... .2~'i~ 11 lOA lO.S 10.6 10.7 lO.8 lO.9 lO.10 10.ll lO.12 10.13 Mental or Physical Incompetence................................................. .,........................ .28Ð Benefits ..,............... ........ ........... .......... ..,.................... ........,.........,.......... ...... ...........;?H~S Benefits Solely From General Assets ..................................................................,...28~S Tax Effects..... ...... ..................... ..... .................. ......,...... .."............... ....,......... .... ......28Ð Multiple Function.. ......... .............................................. ... .... ...,....".......... ....... ..........2.2;t6 Gender and Number ...., .......,.,... ....,.. .............,......... ........... ....... ............... ..... .....,.... .;?2.26 Headings .......... ...."......... ....., .... ...... ....... .,........ ..,... ......".... ........... ...........................29M Applicable La\vs .. ........ ..,......,........ .........,..,....... ....................... .....". ...........,. ..... .....29M Severability.......................................................... ..... .,........................... ..,.............. .29~ Premium Program Control Clause ....................................................... ......." ......,....Z..2.~ APPENDIX A ..,.......... .............................................................................................. ...."............ ..26 111 INTRODUCTION The Village of Mount Prospect established this plan, known as the Village of Mount Prospect Flexible Compensation Plan (the "Plan"), effective July l, 1985. The Plan is a cafeteria, medical spending account, and dependent care assistance plan within the meanings of Sections 105, 125 and l29 of the Internal Revenue Code of 1986, as amended (the "Code"). The Plan was restated effective January 1, 2001, and again effective January l, 2002, in response to the issuance of final Treasury Regulations governing cafeteria plans and to incorporate certain other changes to I the Plan. This restatement of the Plan is effective January l, The purpose of the Plan is to provide eligible employees the opportunity to choose benefits from among those benefits made available to them under the Plan. This Plan is intended to qualify as a cafeteria plan within the meaning of Code section l25 and to qualify as a dependent care assistance program within the meaning of Code section l29. Furthennore, to the maximum extent possible, benefits paid under the Plan are intended to be eligible for exclusion from gross income under Code sections lOS, l06, and l29. This Preamble and the following Articles, as amended from time to time, comprise the restated Plan. IV ARTICLE I DEFINITIONS The following words and phrases, as used in this Plan, shall have the following meanings, unless a different meaning is plainly required by the context. 1.1 Code. The tenn "Code" means the Internal Revenue Code of 1986, as amended. , '", 1.4 Dependent Care Reimbursement Account. The teml "Dependent Care Reimbursement Account" means the bookkeeping account maintained by the Employer to detennine the amount available to reimburse the Participant, in accordance with the tenns of the Plan, for eligible dependent care expenses the Participant incurs. Dependent Care Expenses. The tenn "Dependent Care Expenses" means expenses incurred by a Participant that: (a) Are incUlTed for the care of a Dependent of the Participant or for related household services; Are paid or payable to a Dependent Care Service Provider; and Are incurred to enable the Participant to be gainfully employed for any period for which there are one or more Dependents with respect to the Participant. (b) (c) 1.3 1.5 Dependent Care Expenses shall not include expenses incurred for services outside the Participant's household for the care of a Dependent unless such Dependent is desctibed in Section LJJ-;l(a) or regularly spends at least eight hours each day in the Participant's household. Dependent Care Service Provider. The tenn "Dependent Care Service Provider" means a person who provides care or other services desctibed in Section IA above, but shall not include (a) a dependent care center (as defined in Code section 2l(b)(2)(D), unless the requirements of Code section 21 (b )(2)(C) are satisfied, or (b) a related individual desctibed in Code section 129(c). Employee. The tenn "Employee" means any individual who is identified as an employee on the payroll records of the Employer. The tenn "Employee" does not include any person who is an independent contractor. Employer. The tenn "Employer" means the Village of Mount Prospect, a municipality organized and existing under the laws of the State of Illinois. 1.6 1.7 Ðt41aì dt'i-ì17": ,¡; ~. @ 2 1.9 1.l0 1.11 1.12 1.l3 1.14 1.15 1.l6 1.l7 1.l8 1.19 '" \\ § ~ FMLA Leave. The term "FMLA Leave" means a leave described under the Family and Medical Leave Act of 1993. Health Reimbursement Account. The term "Health Reimbursement Account" means the bookkeeping account maintained by the Employer to determine the amount available to reimburse the Participant, in accordance with the tenl1S of the Plan, for Eligible Medical and Dental Expenses the Participant incurs. Highly Compensated Employee. The term "Highly Compensated Employee" means an Employee described in Code section 4l4( q), Code section 125( e) or Code section I 05(h)(5), as applicable. Key Employee. The term "Key Employee" means an Employee described in Code section 4l6(i)(l), as amended. Participant. The term "Participant" means an Employee who is eligible to participate in this Plan pursuant to Article III. Plan. The term "Plan" means the Village of Mount Prospect Flexible Compensation Plan, as set forth herein and amended from time to time. Plan Administrator. The term "Plan Administrator" means the person or committee appointed by the Employer to manage and direct the operation and the administration of the Plan. If the Employer does not appoint such a person or committee, the Employer shall be the Plan Administrator. Plan Year. The term "Plan Year" means the calendar year. The tenl1 "Premium Program" means a program specified in Premium Program. Appendix A. Spouse. The tenn "Spouse" means an individual who is legally married to a Participant, but shall not include an individual separated from the Participant under a legal separation decree. Uniformed Services. The term "Unifonned Services" means the Armed Forces, the Anl1Y National Guard and the Air National Guard (when engaged in active duty for training, inactive training, or full-time National Guard duty), the commissioned corps of the Public Health Service or any other category of persons designated by the President of the United States in time of war or emergency. 3 2.1 2.2 2.3 ARTICLE II PARTICIPA TION Conditions of Participation. An Employee shall be eligible to participate in this Plan as of the date he or she satisfies the eligibility requirements of the Employer's group health plan. An Employee need not participate in the Employer's health plan to participate in this Plan. The foregoing notwithstanding, any Employee who is a "part-time" Employee shall not be eligible to participate in the Plan. A "part-time" Employee is any Employee who is designated as a part-time Employee pursuant to the Employer's employment policy. Termination of Participation. Except as provided in Article VI, an Employee shall cease to be eligible to participate in the Plan as of the date the Employee terminates employment with the Employer or becomes ineligible to participate in the Plan pursuant to Section 2.1 above (i.e., becomes a part-time Employee). For purposes of this Section, a Participant on FMLA Leave shall be deemed an Employee eligible for participation in this Plan until the earlier of: The end of the FMLA Leave; or The date the Participant gives notice to the Employer of an intent not to return to active employment. A Participant absent from employment due to a period of service with the Unifonned Services shall be deemed an Employee eligible for participation in this Plan until the Participant is absent from employment of at least thirty hours per week for more than thirty-one days due to such period of duty. If the Plan Administrator, in its sole discretion, determines that an Employee has filed, or assisted in the filing of, a dishonest or fraudulent claim for benefits under a Health Reimbursement Account or a Dependent Care Reimbursement Account, the Employee's participation in the Health Reimbursement Account and the Dependent Care Reimbursement Account features of the Plan shall terminate immediately. In addition, that Employee will not be eligible to participate in either the Health Reimbursement Account feature of the Plan or the Dependent Care Reimbursement Account feature of the Plan for any future period. (a) (b) Participation During Leave. (a) FMLA Leave. (1) Health Benefits. Notwithstanding any provision to the contrary in this Plan, if a Participant goes on FMLA Leave, then to the extent required by the FMLA, the Employer will continue to maintain the Participant's health insurance benefits and Health Reimbursement Account benefits on the same tenus and conditions as if the Participant were still an active Employee. That is, if the Participant elects to continue his or her coverage while on leave, the Employer will continue to pay its share of the contribution. 4 An Employer may elect to continue all coverage for Participants while they are on paid FMLA Leave (provided Participants on non-FMLA Leave are required to continue coverage). If so, the Participant's share of the contribution shall be paid by the method nonnal1y used during any paid leave (e.g. on a pre-tax, compensation reduction basis if that was the method used before FMLA Leave.) In the event of unpaid FMLA Leave (or paid FMLA Leave where coverage is not required to be continued), a Participant may elect to continue his or her coverage under the Premium Program and/or Health Reimbursement Account components during the FMLA Leave. If the Participant elects to continue çoverage while on leave, then the Participant shall pay his or her share of the contribution in one of the following ways (as agreed upon by the Plan Administrator): (A) With after-tax payments, by sending monthly payments to the Ernployer by the due date established by the Employer; (C) With pre-tax, compensation reduction contributions, by having such amounts withheld from his or her ongoing compensation (if any) or pre-paying all or a portion of the contribution for the expected duration of the leave with pre-tax compensation reduction contributions [To pre-pay the contribution with pre-tax compensation reduction amounts, the Participant must make a special election to that effect prior to the date that such compensation would nonnally be made available (pre-tax compensation reduction contributions may not be used to fund coverage during the next Plan Year).]; or Under another arrangement agreed upon between the Participant and the Plan Administrator (e.g., the Plan Administrator may choose to fund coverage during the FMLA Leave and withhold "catch-up" amounts upon the Participant's return with pre-tax, compensation reduction contributions or after-tax contributions). If the Employer requires all Participants to continue coverage during the leave, the Participant may elect to discontinue the Participant's required contributions until the Participant returns from FMLA Leave. Upon return from leave, the Participant will be required to repay the contribution not paid by the Participant during the FMLA Leave. Payment shall be withheld £Tom the Participant's compensation either on a pre-tax or after- tax basis, as may be agreed upon by the Plan Administrator and the Participant. If a Participant's coverage ceases while on FMLA Leave (e.g., for non- payment of required contributions), the Participant will be pennitted to re- enter the Plan upon return from such FMLA Leave on the same basis as the Participant was participating in the Plan prior to the leave, or otherwise required by the FMLA. Employees whose coverage tenninated during the leave may be automatically reinstated provided that coverage for (8) 5 2.4 Employees on non-FMLA Leave is automatically reinstated upon return from leave. Notwithstanding the preceding sentence, with regard to Health Reimbursement Account benefits, a Participant whose coverage ceased will be entitled to elect whether to be reinstated in the Health Reimbursement Account at the same coverage level as in effect before the FMLA Leave (with increased contributions for the remaining period of coverage) or at a Health Reimbursement Account coverage level that is reduced pro-rata for the period of FMLA Leave during which the Participant did not make contributions. Non-Health Benefits. If a Participant goes on FMLA Leave, entitlement to non-health benefits, such as the Dependent Care Reimbursement Account, is to be determined by the Employer's policy for providing such benefits when the Participant is on non-FMLA Leave, as described in subsection (b) below. If the Employer continues a Participant's non-health benefits during a qualifying FMLA Leave, the Participant will, upon returning from leave, be required to repay the contributions due from, but not paid by, the Participant during the FMLA Leave. Non-FMLA Leave. If a Participant goes on an unpaid leave of absence that does not affect eligibility, then the Participant will continue to participate and the contributions due for the Participant will be paid by pre-payment before going on leave, by after-tax contributions while on leave, or with catch-up contributions after the leave ends, as may be determined by the Plan Administrator. If a Participant goes on an unpaid leave that affects eligibility, the election change rules in Section 3.7 will apply. If the Employer continues the Participant's benefits while on leave, the Participant will upon returning from leave be required to repay the contributions due from, but not paid by, the Participant during the leave. Reinstatement of Fonner Participant. An Employee who is a former Participant becomes a Participant again if and when such Employee satisfies the requirements of Section 2. I. If, during the same Plan Year, the fonner Participant satisfies the requirements of Section 2.1 within 30 days of the date his coverage under the Plan was tenninated pursuant to section 2.2, the Participant's prior elections under the Plan shall be automaticaI1y reinstated. If, during the same Plan Year, the former Participant satisfies the requirements of Section 2.l more than 30 days after the date his coverage under the Plan was tenninated pursuant to Section 2.2, the Participant shall be entitled to make new elections under the Plan as provided in Section 3.3. (2) (b) 6 ARTICLE III BENEFITS Coverage Options - General Rule. Each Employee who is a Participant may choose, under this Plan, to receive such Participant's compensation from the Employer for any Plan Year in cash or to: 3.1 (a) (b) (c) Receive coverage under one or more Premiurn Program(s) (i.e., subject to the tenns of any such Premium Program); Have an amount credited to the Participant's Health Reimbursement Account; and/or Have an amount credited to the Participant's Dependent Care Reimbursement Account. If a Participant elects to receive coverage under a Premium Program, then the Participant's compensation from the Employer will be automatically reduced by the Participant's share of the applicable premium for the Premium Program for the Plan Year, as detennined by the Employer. If a Paliicipant elects to have an amount credited to the Participant's Health Reimbursement Account andlor Dependent Care Reimbursement Account for a Plan Year, then the Participant's compensation from the Employer for the Plan Year will be reduced by an equal amount. Election Procedure - General Rule. Prior to the first day of each Plan Year, the Plan Administrator, or the Plan Administrator's delegate, shall provide a written election fonn (including a compensation reduction agreement) to each Participant and to each Employee who is expected to become a Participant as of the beginning of that Plan Year. To elect coverage under a Premium Program, the Health Reimbursement Account and/or the Dependent Care Reimbursement Account for that Plan Year, a Pmiicipant shall: Complete the election fonn, specifying which, if any, Premium Programs the Participant desires coverage under (subject to the limits of Section 3.9) and/or the amount (subject to the limits of Section 3.8) to be credited to the Participant's Health Reimbursement Account and to the Participant's Dependent Care Reimbursement Account for that Plan Year; Execute an agreement directing the Employer to reduce the Participant's compensation from the Employer for that Plan Year by an amount equal to the total amount of the Participant's share ofthe premiums for the Premium Programs selected and the total amount that the Participant elects to have credited to the Health Reimbursement Account and the Dependent Care Reimbursernent Account pursuant to (a) above; and, Return the election fonn and the compensation reduction agreement to the Plan Administrator, or the Plan Administrator's delegate, prior to the beginning of that Plan Year. A Participant's election to enroll in the Employer's group health plan shall be deemed an election to enroll in this Plan with respect to that Premium Program that satisfies the requirements of subsections (a), (b) and (c) above. 3.2 (a) (b) (c) 7 3.3 The election fonn and compensation reduction agreement shaH be effective as of the first day of that Plan Year. New Participants - General Rule. If an Employee first becomes eligible to participate under Section 2.1 or Section 2.4 on a date other than the first day of a Plan Year, the Plan Administrator shall provide the Employee with the written election described in Section 3.2 before, or as soon as possible after, the Employee becomes eligible to pa1iicipate. The Employee may then elect coverage under a Premium Program (subject to the tenns of the Premium Program), Health Reimbursement Account and/or the Dependent Care Reimbursement Account for the remainder of the Plan Year. To elect coverage under a Premium Program, Health Reimbursernent Account or Dependent Care Reimbursement Account, the Employee shall: (a) 3.4 Complete the election fonn, specifying which, if any, Premium Programs the Participant desires coverage under (subject to the limits of Section 3.9) and/or the amount (subject to the limits of Section 3.8) to be credited to the Participant's Health Reimbursement Account and to the Participant's Dependent Care Reimbursement Account for the remainder of that Plan Year; Execute an agreement directing the Employer to reduce the Participant's compensation from the Employer for the remainder of that Plan Year by an amount equal to the total amount of the Participant's share of the premiums for the Premium Programs selected and the total amount that the Participant elects to have credited to the Health Reimbursement Account and/or the Dependent Care Reimbursement Account pursuant to (a) above; and, Return the election fonn to the Plan Administrator, or the Plan Administrator's delegate, on or before such date as the Plan Administrator, or the Plan Administrator's delegate, shall specify. (The date specified by the Plan Administrator shall be no later than the beginning of the first pay period for which the Employee's election fonn and compensation reduction agreement take effect.) A Participant's election to enroll in the Employer's group health plan shall be deemed an election to enroll in this Plan with respect to that Premium Program that satisfies the requirements of subsections ( a), (b) and ( c) above. The Employee's election fonn and compensation reduction agreement shall not take effect before the date the Employee becomes a Participant. Failure to Return Election Fonn. Except as provided in Section 3.5, if a Participant fails to timely submit a completed election to the Plan Administrator (or the Plan Administrator's delegate) pursuant to Sections 3.2 or 3.3, the Participant shall be deemed to have elected to receive cash compensation in !ieu of coverage under a Premium Program, the Health Reimbursement Account or the Dependent Care Reimbursement Account. (b) (c) 3.5 Periods to Which Election Fonn Applies. If a Participant submits a completed election to the Plan Administrator pursuant to Sections 3.2 or 3.3, the Participant's elections shall remain in effect until the time described below. 8 (a) Premium Program Elections. A Participant's Premium Program election will remain in effect until: The effective date of a new election that the Participant submits for a subsequent Plan Year, pursuant to Section 3.2; The date the Participant revokes such Participant's election to the extent pennitted pursuant to Section 3.7; The date the Participant ceases to be a Participant as described in Section 2.2; The date the Plan or the Premium Program is tenninated; or The date the Plan Administrator modifies the Participant's election pursuant to Section 3.6. Health Reimbursement Account and Dependent Care Reimbursement Account Elections. A Participant's election with respect to the Health Reimbursement Account or Dependent Care Reimbursement Account willremain in effect until: (1) The last day ofthe Plan Year for which the election was made; (2) The date the Participant revokes such Participant's election, to the extent penl1itted pursuant to Section 3.7; The date the Participant ceases to be a Participant as described in Section 2.2; The date the Plan is tenninated or amended to eliminate the benefit to which the election applies; or The date the Plan Administrator modifies the Participant's election pursuant to Section 3.6. The foregoing notwithstanding, the amount of the reduction of a Participant's compensation shall be adjusted by the Plan Administrator to correspond to any change in the Participant's share of the cost, as detenl1ined by the Employer, of elected Premium Program coverage. Changes by Plan Administrator. If the Plan Administrator (or the Plan Administrator's delegate) detennines that the Plan may fail to satisfy any nondiscrimination requirement or any limit upon Key Employee benefits imposed by the Code, the Plan Administrator shall take such action as the Plan Administrator deems appropriate, under rules unifonnly applicable to similarly situated Participants to comply with such requirement or limit. Such action may include, without limitation, modifying the elections of Highly Compensated Employees and/or Key Employees without the consent of such Employees. Irrevocable Elections. Except as provided in Sections 2.3, 3.5 and this Section 3.7, a Participant's Plan coverage election pursuant to Section 3.2 or 3.3 or deemed election of cash compensation pursuant to Section 3.4 shall be irrevocable during any Plan Year that begins while such election remains in effect. All election changes shall confonn with applicable regulations issued by the Department of the Treasury, under Code section 125. (1) (2) (3) (4) (5) (b) 3.6 3.7 (3) (4) (5) 9 (b) (a) Election Change Events that Apply to All Plan Elections. To the extent pennitted by applicable Treasury Regulatìons, a Participant may enroll for coverage under this Plan or may change an election under this Plan on account of, and consistent with, one of the following events: (1) A change in the Participant's marital status. A change in marital status includes a change that results from maniage, death of Spouse, divorce, legal separation or annulment. A change in the number of the Participant's Dependents. A change in the number of the Participant's Dependents includes a change resulting from birth, death, adoption, or placement for adoption. A change in the Participant's employment status, or in the employment status of the Participant's Spouse or Dependent. A change in employment status includes, for example, a termination or commencement of employment, a strike or lockout, a commencement of or return from an unpaid leave of absence, a change in work site, or a change in employment status affecting eligibility for coverage under a coverage option set forth in Section 3.1 (e.g., from full-time to part-time status). The Participant's Dependent satisfying or ceasing to satisfy the eligibility requirements for coverage under a coverage option on account of attainment of age, student status, or any similar circumstance. A change in the Participant's residence or the residence of the Participant's Spouse or Dependent. Election Changes That Only Apply to Dependent Care Reimbursement Account and Premium Program Elections. The events described in this subsection (b) permit a Participant to change his or her Plan elections only with respect to the Dependent Care Reimbursement Account and the Premium Programs. (1) Significant Cost Changes. To the extent pennitted by applicable Treasury Regulations, if the Participant's cost of coverage significantly increases or decreases during a Plan Year, the Plan Administrator may permit an affected Participant to make a coITesponding prospective change to the Participant's elections under the Plan. A Participant may only change his or her Dependent Care Reimbursement Account elections due to a cost change if the cost change is imposed by a Dependent Care Service Provider who is not a relative of the Participant. Change in Coverage. To the extent permitted by applicable Treasury Regulations, the Plan Sponsor may allow a Participant to change his or her elections under the Plan if there is a change in coverage. A change in coverage occurs if there is a significant curtailment of a benefit option without a loss of coverage (e.g., a significant increase in the deductible under the Employer's group health plan), a significant curtailment of a benefit option with a loss of coverage (e.g., the elimination of a benefit option) or the addition or improvement of a benefit option. Also, a Pat1icipant may make a prospective change to his or her Dependent Care (2) (3) (4) (5) (2) 10 (c) (d) Reimbursement Plan elections as a result of a change in coverage if the Participant changes his or her Dependent Care Provider. Finally, a Participant may make a prospective change in his or her Plan elections if there is a change in coverage of a Spouse or Dependent under another employer's cafeteria plan. Election Changes that Only Apply to the Group Health Plan Premium Program. The events described in this subsection I pennit a change to a Participant's Plan elections only with respect to the group health plan Premium Program (Le., change the amount of compensation withheld for group health plan premium payments). (l) Judgment, Decree or Order. To the extent pennitted by applicable Treasury Regulations, if a Participant's enrollment under the Employer's group health plan is modified to comply with a judgment, decree or order resulting from a divorce, legal separation, annulment, or change in legal custody that requires coverage under that plan for the Participant's Dependent child or Dependent foster child, the Plan will make a corresponding change to the Participant's group health plan Premium Program elections. Entitlement to Medicare or Medicaid. To the extent pennitted by applicable Treasury Regulations, if a Participant's enrollment under the Employer's group health plan is modified due to coverage or loss of coverage under Medicare or Medicaid, the Plan will make a corresponding change to the Participant's group health plan Premium Program elections. Loss of Coverage Under Other Group Health Coverage. To the extent pennitted by applicable Treasury Regulations, if a Participant, a Participant's Spouse or Participant's Dependent is enrolled in the Employer's group health plan due to a loss of coverage under a group health plan sponsored by a governmental or educational institution, the Plan will make a corresponding change to the Participant's group health plan Premium Program elections. Election Changes that Only Apply to the Health Reimbursement Account and the Group Health Plan Premium Program. To the extent pennitted by applicable Treasury Regulations, if a Participant, Participant's Spouse, or Participant's Dependent is entitled to special enrollment rights under a group health plan in accordance with 42 U.S.C.A. section 300gg(£), the Participant may enroll for coverage under this Plan with respect to the Health Reimbursement Account or the Group Health Plan Premium Program or otherwise modify such Participant's elections under this Plan. (2) (3) (e) Special Rule for Changes in Health Reimbursement Account Elections. Except as described in this subsection, this Section 3.7 does not pennit a Participant to reduce the amount to be credited to the Participant's Health Reimbursement Account for the Plan Year or the amount by which his compensation will be reduced for Health Reimbursement Account coverage for the Plan Year. If otherwise pennitted under this Section 3.7, a Participant may reduce the amount II 3.8 to be credited to the Participant's Health Reimbursement Account for the remainder of the Plan Year only if, as of the date of the change, the amount by which the Participant's compensation for the Plan Year has actually been reduced for Health Reimbursement Account coverage exceeds the Eligible Medical or Dental Expenses reimbursed from the Participant's Health Reimbursement Account for that Plan Year. If a Participant described in the preceding sentence changes the amount to be credited to the Participant's Health Reimbursement Account during the Plan Year, the amount credited to the Participant's Health Reimbursement Account immediately after such change shall equal the excess, if any, detennined pursuant to the preceding sentence plus the amount the Participant directs the Employer to credit to the Health Reimbursement Account for the remainder of the Plan Year. Limit on Reimbursement Account Elections. The amount that a Participant may elect to have credited for any Plan Year to the Dependent Care Reimbursement Account or to the Health Reimbursement Account shall be limited as described in this Section 3.8. (a) Limit on Dependent Care Reimbursement Account. The amount that a Participant may elect to have credited to the Dependent Care Reimbursement Account for any Plan Year may not exceed the least of: (1) The Participant's earned income (as defined in Code section 129(e)(2» for the Plan Year (after all compensation withholdings, including reductions related to this Plan); The actual or deemed earned income of the Participant's spouse for the Plan Year; or $5,000 ($2,500 in the case of a separate return by a married individual). (2) (3) 3.9 In the case of a spouse who is a full-time student at an educational institution or is physically or mentally incapable of caring for himself/herself, such spouse shall be deemed to have earned income of not less than $200 per month if the Participant has one Dependent and $400 per month if the Participant has two or more Dependents. Limit on Health Reimbursement Account. The total amount that a Participant may elect to have credited to the Participant's Health Reimbursement Account for a Plan Year may not exceed $5,000.00. If an Employee first becomes a Participant during a Plan Year, as described in Section 3.3, the applicable limit described in the preceding sentence shall be reduced by multiplying it by a fraction, The numerator of that fraction shall be the number of calendar months during the Plan Year that the Employee will be a Participant and the denominator of which is the total number of months in the Plan Year. For purposes of the foregoing calculation, the Employee shall be considered a Participant for a calendar month only if the Employee is a Participant on the fifteenth day of that calendar month. Limit on Group-Tenn Life Insurance, For Participants who elect coverage under the Employer's Group-Tenn Life Insurance Plan Premium Program, the amount of such (b) ]2 3.10 coverage must be in increments of $lO,OOO up to an aggregate coverage amount, in conjunction with coverage provided directly by the Employer, equal to $50,000, When Expenses Incurred. For purposes of this Plan, Eligible Medical or Dental Expenses and Dependent Care Expenses shall be deemed to have been incurred on the day the service or treatment is rendered or furnished, not the day the Participant is fonnally billed, charged or pays for such service or treatment. 13 Benetìts Provided by the Health Reimbursement Account. Amounts credited to a Participant's Health Reimbursement Account for a Plan Year shall be available to reimburse the Participant for Eligible Medical or Dental Expenses incurred by the Participant during the Plan Year for the care of the Participant, the Participant's Spouse, or the Participant's Dependents, provided such expenses are submitted properly in accordance with the provisions of this Article IV. The balance of the Participant's Health Reimbursement Account shall be reduced by reimbursements the Participant receives for such Eligible Medical or Dental Expenses. Expenses incurred before an Employee becomes a Participant or after an Employee ceases to be a Participant shall not be eligible for reimbursement under this Plan. The foregoing notwithstanding, if a Participant becomes ineligible to participate in the Plan during a Plan Year due to a change from full- time to part-time employment status, reimbursable expenses include Eligible Medical or Dental Expenses incurred during the Plan Year but after the Employee ceases to be a Participant. Detem1Înation of Status as a Spouse or a Dependent. The Plan Administrator shall detennine whether an individual is a Spouse (within the meaning of Section l.18) or a Dependent (with respect to Eligible Medical or Dental Expenses within the meaning of Section J.J.+~) of the Participant whose Eligible Medical or Dental Expenses are eligible for reimbursement under the Health Reimbursement Account. The Plan Administrator shall make that detennination at the time those expenses are incurred by the Participant. Eligible Medical or Dental Expenses incurred with respect to an individual who ceases to be a Participant's Spouse (within the meaning of Section 1.18) or Dependent (within the meaning of Section LJ+;1), which are otherwise eligible for reimbursement pursuant to the tenns of this Plan, shall be reimbursed only if such expenses are incurred prior to the date such individual ceases to be the Participant's Spouse or Dependent. Total Health Reimbursement Account Available. The total amount to be credited to a Participant's Health Reimbursement Account for the Plan Year (reduced by prior reimbursements made for that Plan Year and modified to the extent required by Section 3.7) shall be available at all times that the Participant is eligible to participate during that Plan Year. Claims for Benefits. A Participant applying for reimbursement of Eligible Medical or Dental Expenses must submit the following to the Plan Administrator no later than the March 31 sl after the end of the Plan Year in which such expenses are incurred: (a) A written claim for benefits on a fonn approved by the Plan Administrator that contains the following infonnation: (l) The name of the person, or the names of the persons, on whose behalf the Participant incurred the Eligible Medical or Dental Expenses and their relationship to the Participant; A description of the nature of the expenses incurred; The amount of the requested reimbursements; and 4.1 4.2 4.3 4.4 (2) (3) ARTICLE IV HEALTH REIMBURSEMENT 14 (c) (d) A statement that such expenses have not otherwise been paid through insurance or reimbursed from any other source. All receipts (or photocopies of all receipts) for such Eligible Medical or Dental Expenses. Proof of the dates such Eligible Medical or Dental Expenses were incurred. Proof of the Participant's payment of such Eligible Medical or Dental Expenses (identifying the person, organization or company to which such Eligible Medical or Dental Expenses were paid). Any claim for reimbursement submitted to the Plan Administrator by the Participant later than the March 3l sl after the close of the Plan Year in which the expense to which such claim relates was incurred will not be eligible for reimbursement under this Plan. Excess Reimbursement or Failure to Use Amounts Available. If the reimbursement provided by the Employer pursuant to the Plan for the Plan Year exceeds the amount credited to the Participant's Health Reimbursement Account for the Plan Year, the Participant shall repay such excess amount to the Employer. 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P-~? r ~.ç 1. n .f:i. ._~ 1 s:.5 ~T¡.b..(:~ L .;1.bs 2YfL- 1): }-p.y onlyJJave ~~Ç.e.<;s l~Li3n£L!:Lie a.Dit5¡ìsgQ~~í;?J?ITl fQ.Ll:"'l?n_A~lminjstrlltí\)n tÙJ1ctj!,m~ t!J~LlhçJ~nlI219yç.r..!!.ç\r.J(.ŒI.l)_$..Ü)J:jhç~...tI.E /\ ..t~.!.?.:}., . 1\1 (m co ITI12JJ an('eJ.:i~1ç~<;. ...H:Jlle..l)..ÇJsq!.l~..\y_bo h£J,YS?.;LÇç:~'i~.1ÇLelJLQQ.l.1.Q.ts:Q.mlD.:L~\:'.i1.h tbj-,~ HRAPJnn document thD Enm!owr shall nrovìdc :1 mechanism for reso1viní2 issues of ..-.....-.......-..-..---..-.....-......_......m.._..._."""'."""'."".'"....... ........ ...................,..................m................m......m'................................m.............."""".""""""""'.""'.."""'."""""""-.............m.....__...."".".-"""'--"..."."""-"'... ..-....-....... 1}().!lß2D:mJ.Ü]J'....~:ç,...jnç.1v.(!.ì.J1g ...(Jí.~;.çj.J :.I..!)} ~l.!.~Y..5.?¡].(;.tì. ~t1).~~.,. l7 5.1 5.2 5.3 ARTICLE V DEPENDENT CARE REIMBURSEMENT ACCOUNT Benefits Provided by the Dependent Care Reimbursement Account. Subject to the provisions of this Article V, amounts credited to a Participant's Dependent Care Reimbursement Account for each Plan Year shall be available to reimburse the Participant for Dependent Care Expenses incurred during the Plan Year. Dependent Care Expenses incuned before an Employee becomes a Participant or after an Employee ceases to be a Participant shall not be eligible for reimbursement under this Plan. The foregoing notwithstanding, if a Participant becomes ineligible to participate in the Plan during a Plan Year due to a change from fu1l-time to part-time employment status, reimbursable expenses include Dependent Care Expenses incurred during the Plan Year but after the Employee ceases to be a Participant. Crediting of Accounts. The amount that the Participant elects to have credited to the Participant's Dependent Care Reimbursement Account for the Plan Year shall be credited to the Participant's Dependent Care Reimbursement Account over the course of such Plan Year. As of a given date within the Plan Year, the arnount credited to a Participant's Dependent Care Assistance Account sha1l equal: (l) The amount by which the Participant's compensation from the Employer for the Plan Year has been reduced as of that date for amounts to be credited to the Dependent Care Assistance Account for that Plan Year; mInUS (2) Amounts debited to the Participant's Dependent Care Assistance Account for that Plan Year pursuant to (b) below. Debiting of Accounts. A Participant's Dependent Care Reimbursement Account for each Plan Year shall be debited from time to time by the amount of any payment under this Article V to or for the benefit ofthe Participant for Dependent Care Expenses incuned during such Plan Year. Amounts debited to a Participant's Dependent Care Reimbursement Account shall be treated as payments of the earliest amounts credited to that Account and not yet treated as paid under this sentence, under a "first-in/first-out" approach. Payment of Dependent Care Expense Reimbursements. (a) Claims for Reimbursement. A Participant applying for reimbursement of Dependent Care Expenses must submit the following to the Plan Administrator, on a fOI111 approved by the Plan Administrator no later than the March 31 st after the end of the Plan Year in which such expenses are incurred: (l) The amount, date, and nature of the expense with respect to which a benefit is requested; The name, address, and taxpayer identification number of the person, organization, or entity to which the expense was or is to be paid; The name of the Dependent for whom the expense was incurred and the relationship of such Dependent to the Participant; and (b) (2) (3) l8 (b) 5.4 (4) Such other infonnation that the Plan Administrator may require. Such application shall be accompanied by bills, invoices, receipts, cancelled checks or other statements showing the amounts of such expenses, together with any additional documentation which the Plan Administrator may request. Any claim for reimbursement submitted to the Plan Administrator by the Participant later than the March 31 sl after the close of the Plan Year in which the expense to which such claim relates was incurred will not be eligible for reimbursement under this Plan. Reimbursement or Payment of Expenses. The Employer shall reimburse the Participant from the Participant's Dependent Care Reimbursement Account for Dependent Care Expenses incurred during the Plan Year, for which the Participant submits a written application and documentation in accordance with (a) above. The Employer may, at its option, pay any such Dependent Care Expenses directly to the Dependent Care service provider in lieu of reimbursing the Participant. No reimbursernent or payment to a Participant under this Article V of expenses incurred during a Plan Year shall at any time exceed the balance of the Participant's Dependent Care Reimbursement Account at the time of the reimbursement or payment. The amount of any Dependent Care Expenses incurred in a Plan Year that are notreirnbursecI or paid as a result of the preceding sentence shall be reimbursed or paid only if and when the balance in the Participant's Account for such Plan Year is sufficient to penTIit such reimbursement or payment. Excess Reimbursements or Failure to Use Amount Available. If the reimbursement provided by the Employer pursuant to the Plan for the Plan Year exceeds the amount credited to the Participant's Dependent Care Reimbursement Account for the Plan Year, the Participant shall repay such excess amount to the Employer. If a Participant's incurred and properly submitted Dependent Care Expenses for a Plan Year are less than the amount credited to the Participant's Dependent Care Reimbursement Account for that Plan Year, the excess of the amount credited to the Participant's Dependent Care Reimbursement Account over the Dependent Care Expenses incurred and properly submitted with respect to such Plan Year shall be forfeited and may not be utilized for Dependent Care Expenses incurred in any subsequent Plan Year. 19 6.1 6.2 6.3 ARTICLE VI CONTINUATION COVERAGE UNDER HEALTH REIMBURSEMENT ACCOUNT Continuation Coverage After Tennination of Nonnal Participation. During any Plan Year during which the Employer has more than 20 employees and notwithstanding any other provision of this Plan to the contrary, each person who is a Qualified Beneficiary described under Section 6.2 shall have the right to elect continued coverage for the remainder of the Plan Year under the Health Reimbursement Account upon the occurrence of a Qualifying Event. Such extended coverage under the Plan is known as "Continuation Coverage." Continuation Coverage, however, shall not be available if, as of the Qualifying Event, the sum of the premiums the Qualified Beneficiary must pay to obtain Continuation Coverage for the remainder of the Plan Year pursuant to Section 6.l 0, equals or exceeds the Qualified Beneficiary's remaining benefit for the Plan Year. The Qualified Beneficiary's remaining benefit for the Plan Year shall be detennined by subtracting the Participant's previously reimbursed Eligible Medical and Dental Expenses for the Plan Year from the amount the Participant elected to have credited to the Health Reimbursement Account for that Plan Year. Qualified Beneficiary. A "Qualified Beneficiary" for purposes of this Article VI is any person who, as of the day before a Qualifying Event, is: (a) A Participant in a Health Reimbursement Account under the Plan; (b) The Spouse of such a Participant; or (c) The Dependent child of such a Participant. A Participant can be a Qualified Beneficiary only if the Qualifying Event is described in subsection (b) of Section 6.3. A retiree or other fonner employee actively participating in the Plan by reason of a previous period of employment will be treated as a "Qualified Beneficiary." A person is not a "Qualified Beneficiary" if, as of the date of the Qualifying Event, the individual is covered under a Health Reimbursement Account under the Plan by vÍ1iue of an election of Continuation Coverage by another person and is not already a Qualified Beneficiary by reason of a prior Qualifying Event. Furthennore, an individual who fails to elect Continuation Coverage within the election period provided in Section 6.6, below, shall not be considered to be a Qualified Beneficimy. Qualifving Event. Any of the following shall be considered a "Qualifying Event" if, but for the Continuation Coverage available under this Article VI, such event would result in a loss of coverage under the Health Reimbursement Account under this Plan: (a) Death of a Participant. (b) Tennination (other than by reason of gross rnisconduct) of the Participant's employment or a reduction of hours of employment below any minimum level of hours required for participation in this Plan. In the case of a Participant who: (I) Does not return to covered employment at the end of an FMLA Leave, the Qualifying Event oftennination occurs on the earlier of the last day of the 20 FMLA Leave or the date the Participant notifies the Ernployer of the intention not to return to active employment; or Is absent more than 31 days due to a period of duty with the Unifonned Services, the Qualifying Event occurs on the first day of such absence. Divorce or legal separation of a Participant from the Participant's Spouse. A Participant becoming eligible to receive Medicare Benefits under Title XVIII of the Social Security Act. (e) A Dependent child ofa Participant ceasing to be a Dependent. Benefit Available Under Continuation Coverage. A Participant who is eligible to elect to continue coverage under this Article VI shall have the right to continue the level of coverage in effect for the Participant on the day before the Qualifying Event. If a Participant has a Spouse and/or Dependent child(ren) at the time of a Qualifying Event and does not or cannot elect Continuation Coverage, the Spouse and Dependent child(ren) shall have the right to elect Continuation Coverage. (c) (d) 6.4 (2) Notice Requirements. (a) When an Employee becomes covered under a Health Reimbursement Account under this Plan, the Plan Administrator must infonn the Participant (and Spouse, if any) in writing of the rights to continued coverage, as described in this A11icle VI. The Employer shall give the Plan Administrator written notice of a Qualifying Event described in Sections 6.3(a), (b), or (d) within 30 days of the occurrence thereof. 6.5 (b) (c) (d) 6.6 Within l4 days of receipt of the Employer's notice, the Plan Administrator shall furnish each Qualified Beneficiary with written notification of the tennination of regular coverage under the Health Reimbursement Account under this Plan and the rights of any such Qualified Beneficiary to elect Continuation Coverage as required by 42 U.S.C.A. sections 300bb-l through 8, in accordance with the tenns of this Plan. In the case of a Qualifying Event described in Section 6.3(c) or (e), a Participant or Qualified Beneficiary who is a Spouse or Dependent child of such Participant must notify the Plan Administrator within 60 days of the occurrence thereof. The Plan Administrator shaH give written notification of Continuation Coverage rights to any other affected Qualified Beneficiary within l4 days of its receipt of the notice described in this Section 6.5(d). Notwithstanding any of the foregoing, notification to a Qualified Beneficiary who is a Spouse of a Covered Employee is treated as notification to all other Qualified Beneficiaries residing with that person at the time notification is made. Election Period. Any Qualified Beneficiary entitled to Continuation Coverage shall have 60 days from the later of the date coverage would othe¡wise end or the date of the notice required by Section 6.5 in which to return a signed election to the Plan Administrator indicating the choice to continue benefits under this Plan. 2l 6.7 6.8 6.9 6.10 6.11 Duration of Continuation Coverage. Unless otherwise tenninated pursuant to Section 6.9, Continuation Coverage shall extend until the last day of the Plan Year in which the Qualifying Event occurred. Birth or Adoption of a Child. If a child is born to or placed for adoption with a former Participant during a period of Continuation Coverage and such child is a Dependent, then such child shall be treated as a Qualified Beneticiary eligible to elect Continuation Coverage for the remainder of the Continuation Coverage period to which that child would have been entitled had the child been a Dependent child at the time of the Qualifying Event. Automatic Termination of Continuation Coverage. Continuation Coverage shaJl automaticaJly cease if: (a) The Employer no longer offers group health coverage to any of its Employees; (b) The Required Monthly Premium, as defined under Section 6.1 0, for Continuation Coverage is not timely paid within the period prescribed under Section 6.10; An electing Qualified Beneficiary becomes covered under another group health plan after making that election; or An electing Qualified Beneficiary becomes eligible to receive benefits under Medicare after making that election. Required Monthly Premium. To obtain Continuation Coverage, a Qualified Beneficiary must pay the Required Monthly Premium to the Plan Administrator. The amount of the Required Monthly Premium shall be determined by the Plan Administrator based upon the amount the Participant elected to contribute to the Health Reimbursernent Account for the Plan Year and as provided in 42 U.S.CA. section 300bb-4. The Required Monthly Premium is due as of the first day of each calendar month during which coverage is continued under this Article VI. A Required Monthly Premium payment shall be considered timely if it is made within 30 days after the date such payment is due. The initial Required Monthly Premium for Continuation Coverage shall be considered timely if paid by the later of the date which is 45 days after the date the Qualified Beneficiary timely elects Continuation Coverage pursuant to Section 6.6 or which is 30 days after the first day of the first calendar month of Continuation Coverage. If the initial Required Monthly Premium is timely, as described in the preceding sentence, but is paid more than 30 days after the due date of a Required Monthly Premium for a month of Continuation Coverage, the initial Required Monthly Premium shall include the Required Monthly Premium for that month. Continuation Coverage for Employees in the Uniformed Services. For purposes of this Article VI, a Participant absent from work for more than 3l days in order to fulfill a period of duty in the Uniformed Services has a Qualifying Event as of the first day of the Participant's absence for such duty. Such individual shall be treated as any other Qualified Beneficiary for all purposes of COBRA and this Article VI. The Plan Administrator shall furnish the Participant a notice of the right to elect Continuation Coverage as provided in this Article VI and the Plan Administrator shall afford the Participant the opportunity to elect such Continuation Coverage. The maximum period (c) (d) 22 of coverage available to the Participant and the Participant's Spouse and Dependent child(ren) under this Section 6.ll, however, shall be the lesser of: (a) The period ending on the last day of the Plan Year during which the Participant's absence began; or (b) The period beginning on the date of the Participant's absence and ending the day after the date on which the Participant fails to apply for or return to active employment with the Employer. Continuation Coverage provided pursuant to this Section 6.ll shall tenninate as described in Section 6.9 (i.e., before the end of the maximum period described in the preceding sentence) if an event described in Section 6.9 occurs. 23 To require any person to furnish such reasonable infonnation as the Plan Administrator may request for the purpose of the proper administration of the Plan as a condition to receiving any benefits under the Plan; To make and enforce such rules and regulations and prescribe the use of such fonns as the Plan Administrator shall deem necessary for the efficient administration of the Plan; To decide any question concerning the Plan andlor the eligibility of any Employee to participate in the Plan; To detennine the amount of benefits which shall be payable to any person; to infonn the Employer, as appropriate, of the amount of such benefits; and to provide a full and fair review to any Participant whose claim for benefits has been denied in whole or in part; and To designate other persons to can-y out any duty or power which would otherwise be a responsibility of the Plan Administrator, under the tenns of the Plan. Provision for Third-Party Plan Service Providers. The Plan Administrator may employ the services of such persons as it may deem necessary or desirable in connection with the operation of the Plan. The Plan Administrator, the Employer (and any person to whom it may delegate any duty or power in connection with the administration of the Plan), and all persons connected therewith rnay rely upon all tables, valuations, certificates, reports and opinions furnished by any duly appointed actuary, accountant, (including employees who are actuaries or accountants), consultant, third-party administrative service provider, legal counsel (including employees who are attorneys), or other specialist, and they shall be fully protected in respect to any action taken or pennitted in good faith in reliance thereon. All actions so taken or pennitted shall be conclusive and binding as to all persons. Limitation of Liability. No officer or Employee of the Employer shall incur any personal liability for any act done or omitted to be done in good faith in connection with duties imposed in connection with the Plan. Each officer and Employee shall be indemnified and saved hannless by the Employer from and against any liability to which any such officer or Employee may be subjected by reason of any good faith act or omission perfonned in their official or fiduciary capacity with respect to the Plan, including all expenses reasonably incurred in their defense to the extent pennitted by law. 7.1 (e) 7.2 7.3 ARTICLE VII PLAN ADl\lINISTRA TION Allocation of Authority. Except as to those functions reserved within the Plan to the Employer, the Plan Administrator shall control and manage the operation and Administration of the Plan. The Plan Administrator shall have the exclusive right to interpret the Plan and to decide all matters arising thereunder, including the right to remedy possible ambiguities, inconsistencies, or omissions. All detenninations of the Plan Administrator or the Employer with respect to any matter hereunder shall be conclusive and binding on all persons. Without limiting the generality of the foregoing, the Plan Administrator shall have the following powers and duties: (a) (b) (c) (d) 24 7.4 7.5 7.6 7.7 Compensation of the Plan Administrator. The Plan Administrator shall serve without compensation for services rendered in such capacity, but all reasonable expenses incurred in the perfonnance of the Plan Administrator's duties shall be paid by the Plan unless paid by the Employer. Bonding. Unless required by applicable federal or state law, the Plan Administrator shall not be required to give any bond or other security in any jurisdiction in connection with the administration of this Plan. Payment of Administrative Expenses. All reasonable expenses incurred in administering the Plan, including but not limited to administrative fees and expenses owing to any third party administrative service provider, actuary, consultant, accountant, attorney, specialist, or other person or organization that may be employed by the Plan Administrator in connection with the administration thereof, shall be paid by the Employer. Disbursement Reports. The Plan Administrator shall issue directions to the Employer concerning all benefits that are to be paid from the Employer's general assets pursuant to the provisions of the Plan. 25 8.l 8.2 8.3 8.4 ARTICLE VIII CLAIMS PROCED URE Procedure if Benefits are Denied Under the Plan. AnyPm1icipant, Spouse or Dependent, or such individual's duly authorized representative may file a claim for a Plan benefit to which the claimant is entitled. Such a claim must be made in writing as described in Article IV and Article V and delivered to the Plan Administrator, in person or by mail, postage paid. Within 90 days after receipt of such claim, the Plan Administrator shall send to the claimant, by mail, postage prepaid, notice of the granting or denying, in whole or in part, of such claim, unless special circumstances require an extension of time for processing the claim. In no event may the extension exceed 90 days from the end of the initial period. If such extension is necessary, the claimant will be given a written notice to this effect prior to the expiration of the initial 90-day period. The Plan Administrator shall have full discretion to deny or grant a claim in whole or in part. If notice of the denial and of claim is not furnished in accordance with this Section 8.l, the claim shall be deemed denied and the claimant shall be pennitted to exercise his right to review pursuant to Sections 8.3 and 8.4. Requirement for Written Notice of Claim Denial. The Plan Administrator shall provide, to every claimant who is denied a claim for benefits, written notice setting forth in a manner designed to be understood by the claimant: (a) The specific reason or reasons for the denial; (b) Specific reference to pertinent Plan provisions on which the denial is based; (c) A description of any additional material or infonnation necessary for the claimant to perfect the claim and an explanation of why such material is necessary; and (d) An explanation of the Plan's claim review procedure. Right to Request Hearing on Benefit Denial. Within 60 days after the receipt by the claimant of written notification of the denial (in whole or in part) of the claim, the claimant, or the claimant's duly authorized representative, upon written application to the Plan Administrator, in person or by certified mail, postage prepaid, may request a review of such denial, may review pertinent documents, and may submit issues and comments in writing. Disposition of Disputed Claims. Upon its receipt of notice of a request for review, the Plan Administrator shall make a prompt decision on the review. The decision on review shall be written in a manner calculated to be understood by the claimant and shall include specific reasons for the decision and specific references to the pertinent Plan provisions on which the decision is based, The decision on review shall be made not later than 60 days after the Plan Administrator's receipt of a request for a review, unless special circumstances require an extension of time for processing, in which case a decision shall be rendered not later than 120 days after receipt of a request for review. If an extension is necessary, the claimant shall be given written notice fort the extension prior to the expiration of the initial 60-day period. After exhaustion of the claims procedures provided under this Plan, nothing shall prevent any person from pursuing any other legal or equitable remedy otherwise available. 26 9.1 9.2 9.3 ARTICLE IX AMENDMENT OR TERMINATION OF PLAN Permanency. While the Employer fully expects that this Plan will continue indefinitely, permanency of the Plan will be subject to the Employer's right to amend or terminate the Plan, as provided in Sections 9.2 and 9.3 below. Employer's Right to Amend. The Employer reserves the right at any time or times to amend the provisions of the Plan to any extent and in any manner that it may deem advisable. Employer's Right to Terminate. The Employer reserves the right to discontinue or terminate the Plan at any time without liability. Notwithstanding any other provision of the Plan, the Employer, upon tennination of the Plan, shall only be obligated to reimburse a Participant for Eligible Medical or Dental Expenses incurred and properly submitted pursuant to Article IV or for Dependent Care Expenses incurred and properly submitted pursuant to Article V prior to the date of tennination (which would otherwise be reimbursed pursuant to the tenns of this Plan). 27 10.1 10.2 lO.3 10.4 10.5 lO.6 10.7 ARTICLE X GENERAL PROVISIONS No Employment Rights Conferred. Neither this Plan nor any action taken with respect to it shall confer upon any person the right to be continued in the employment of the Employer. Payments Upon Death of Participant. Notwithstanding Article VI, in the event of the death of a Participant, the Participant's Spouse and/or estate may, pursuant to Sections 4.4 and 5.3, request the reimbursement of any Eligible Medical or Dental Expenses or Dependent Care Expenses incurred prior to the date of the Participant's death. Any benefits payable to a Participant following the date of death of such Participant shall be paid to the Participant's Spouse, or, if there is no surviving Spouse, to the Participant's estate. To the extent any amounts remain in a deceased Participant's account, those amounts will be forfeited in accordance with Section 3.l O. Nonalienation of Benefits. No benefit under the Plan shall be subject in any manner to anticipation, alienation, sale, transfèr, assignment, pledge, encumbrance or charge, and any attempt to do so shall be void. No benefit under the Plan shall in any manner be liable for or subject to the debts, contracts, liabilities, engagements or torts of any person. If any person entitled to benefits under the Plan becomes bankrupt or attempts to anticipate, alienate, sell, transfer, assign, pledge, encumber or charge any benefit under the Plan, or if any attempt is made to subject any such benefit to the debt, contracts, liabilities, engagements or torts of the person entitled to any such benefit, except as specifically provided in the Plan, then such benefit shall be forfeited. Alternatively, the Plan Administrator, in its sole direction, may hold or apply the same or any part thereof for the benefit of any Spouse, Dependent or beneficiary of such person, in such manner and proportion, as the Plan Administrator may deem proper. Mental or Physical Incompetence. If the Plan Administrator detennines that any person entitled to payments under the Plan is incompetent by reason of physical or mental disability, the Plan Administrator may cause all payments thereafter becoming due to such person to be made to any other person for his or her benefit, without responsibility to follow the application of amounts so paid. Payments made pursuant to this Section I 0.4 shall completely discharge the Plan Administrator and the Employer. Benefits. All contributions made pursuant to the Plan and all benefits of the Plan shall inure to the exclusive benefit of the Participants and their beneficiaries. Benefits Solely From General Assets. The benefits provided hereunder wi1l be paid solely from the general assets of the Employer. Nothing herein will be construed to require the Employer to maintain any fund or segregate any amount for the benefit of any Participant, Participant's Spouse or Participant's Dependent and no Participant or other person shall have any claim against, right to or security or other interest in any specific fund, account or asset of the Employer from which any payment under the Plan may be made. Any claim of a Participant or any other person to benefits under this Plan shall be the claim of an unsecured creditor of the Employer. Tax Effects. Neither the Employer nor the Plan Administrator makes any warranty or other representation as to whether or not any payments received by a Participant 28 10.9 hereunder wiH be treated as includible in gross income for federal or state income tax purposes. Multiple Function. Any person or group of persons may serve in more than one fiduciary capacity with respect to the Plan. Gender and Number. Masculine pronouns include the feminine, feminine pronouns include the masculine, and the singular shall include the plural unless the context indicates otherwise. 1 0.1 0 Headings. The Article and Section headings contained herein are for convenience of reference only and shall not be construed as defining or limiting the matter contained thereunder. lO.8 10.ll Applicable Laws. The provisions of the Plan shall be construed, administered and enforced according to applicable federal law and the applicable laws of the State of Illinois. 1O.l2 Severability. Should any part of this Plan subsequently be invalidated by a court of competent jurisdiction, the remainder thereof shall be given effect to the maximum extent possible. lO.13 Premium Program Control Clause. A Premium Program may be either self-funded by the Employer or insured. In the event of a conflict between the Premium Program's plan document or insurance contract and this Plan, the terms of the Premium Program's plan document or insurance contract shall control as to those participants receiving coverage under such Premium Program. For this purpose, the Premium Program's plan document or insurance contract shall control in defining the persons eligible for coverage under the Premium Program, the dates of their eligibility, the conditions that must be satisfied to become covered under the Premium Program, if any, the benefits Participants are entitled to and the circumstances under which coverage tenninates. The VILLAGE OF MOUNT PROSPECT has caused this instrument to be e:xecuted by its duly I authorized officer this - day of ,200,+5. VILLAGE OF MOUNT PROSPECT By 29 APPEND IX A Premium Programs 1. Village of Mount Prospect Group HeaJth Plan 2. Village of Mount Prospect Group - Tenn Life Insurance Plan I ¡;gn49:""" ;;¡¡Q;.'A~_.tDQÇ 30 TO: FROM: DATE: SUBJECT: Village of Mount Prospect Community Development Department MEMORANDUM MICHAEL E. JANONIS, VILLAGE MANAGER CLARE SLOAN, NEIGHBORHOOD PLANNER MARCH 29, 2005 RESOLUTIONS AUTHORIZING EXECUTION OF AGREEMENTS BETWEEN THE VILLAGE AND CDBG SUB-RECIPIENTS As you may recall, on September 21, 2004 the Village Board approved the 2005 Community Development Block Grant (CDBG) Action Plan. This plan includes funding for several public service agencies that provide a variety of services and programs for the Village's low- and moderate-income residents. Attached, please find contracts for the agencies listed below and resolutions authorizing the execution of agreements between the Village of Mount Prospect and these individual agencies: . Alexian Brothers Mental Health Camp Fire USA Metropolitan Chicago Council CEDA Northwest Self-Help Center, Inc. - Child Care Broker Program CEDA Northwest Self-Help Center, Inc. - Emergency Housing Program Children's Advocacy Center Clayground Creative Center Girl Scouts Illinois Crossroads Council Greater Wheeling Area Youth Organization - Summer Adventure Journeys From PADS To HOPE, Inc. Mount Prospect Mentor Program Orchard Village - Rehab Resource Center For the Elderly - Senior-Shared Housing Program Resources For Community Living Suburban Primary Health Care Council - Access To Care WINGS . . . . . . . . . . . . . . Please forward this memorandum and attached resolutions to the Village Board for their review and consideration at their April 6, 2005 meeting. Staff will be present at the meeting to answer any questions related to this matter. I concur: ~t 7 ~=~L t, - Di rector of Community Development ",IPLAN\CDBGIMemoo\2005\Con.,cl M'mo 10 B",d.doc r - R RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND SUBURBAN PRIMARY HEALTH CARE COUNCIL, INC FOR THE ACCESS TO CARE PROGRAM . WHEREAS, the Village of Mount Prospect is a recipient of funds under the Community Development Block Grant Program; and WHEREAS, it has been determined by the Mayor and Board of Trustees of the Village of Mount Prospect that the Suburban Primary Health Care Council, Inc. shall provide a program to facilitate access to primary health care in the corporate limits of the Village of Mount Prospect; and WHEREAS, the program proposed by the Suburban Primary Health Care Council, Inc. and approved herein, complies with the requirements of the Department of Housing and Urban Development with respect to benefiting low/moderate-income persons. 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 is hereby authorized to sign and the Clerk directed to attest his signature on an agreement for Community Development Block Grant implementation, which Agreement is between the Village of Mount Prospect and Suburban Primary Health Care Council, Inc, a copy of which Agreement is attached hereto and hereby made a part hereof as Exhibit "A". SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by the law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of 2005. Gerald L. Farley, Mayor ATTEST: Velma W. Lowe, Village Clerk H.'CLKOIFILES'WINIRES\CDBG-ACCESS TO C ARE-2<Kl5 DOC RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGEOF MOUNT PROSPECT AND CAMP FIRE USA, CHICAGO METROPOLITAN COUNCIL WHEREAS, the Village of Mount Prospect is a recipient of funds under the Community Development Block Grant Program; and WHEREAS, it has been determined by the Mayor and Board of Trustees ofthe Village of Mount Prospect that Camp Fire USA, Chicago Metropolitan Council shall provide a summer program that includes educational and recreational activities for the residents of the Boxwood Area located within the corporate limits of the Village of Mount Prospect; and WHEREAS, the program proposed by Camp Fire USA, Chicago Metropolitan Council and approved herein, complies with the requirements of the Department of Housing and Urban Development with respect to benefiting low/moderate-income persons. 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 is hereby authorized to sign and the Clerk directed to attest his signature on an agreement for Community Development Block Grant implementation, which Agreement is between the Village of Mount Prospect and Camp Fire USA, Chicago Metropolitan Council, a copy of which Agreement is attached hereto and hereby made a part hereof as Exhibit "A". SECTION TWO: That this Resolution shall be in fuJ] force and effect from and after its passage and approval in the manner provided by the law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of -, 2005. Gerald L. Farley, Mayor ATTEST: Velma W. Lowe, Village Clerk H.ICLKO\fdcsIWINIRES\CDBG-Call1plìrc USA-200S.doc RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE CEDA NORTHWEST SELF-HELP CENTER WHEREAS, the Village of Mount Prospect is a recipient of funds under the Community Development Block Grant Program; and WHEREAS, it has been determined by the Mayor and Board of Trustees of the Village of Mollnt Prospect that the CEDA Northwest Self-Help Center shall provides an emergency housing program and a child care subsidy program to assist near homeless and homeless low and moderate income residents of the Village of Mount Prospect; and WHEREAS, the programs proposed by the CEDA Northwest Self-Help Center and approved herein, complies with the requirements of the Department of Housing and Urban Development with respect to benefiting low/moderate-income persons. 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 is hereby authorized to sign and the Clerk directed to attest his signature on an agreement for Community Development Block Grant implementation, which Agreement is between the Vil!age of Mount Prospect and the CEDA Northwest Self-Help Center, for the provision of an Emergency Housing Program, a copy of which Agreement is attached hereto and hereby made a part hereof as Exhibit "A". SECTION TWO: That the Mayor is hereby authorized to sign and the Clerk directed to attest his signature on an agreement for Community Development Block Grant implementation, which Agreement is between the Village of Mount Prospect and the CEDA Northwest Self-Help Center, for provision of a Child Care Subsidy Program, a copy of which Agreement is attached hereto and hereby made a part hereof as Exhibit "B". SECTION THREE: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by the law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of 2005. ATTEST: Gerald L. Farley, Mayor Velma W. Lowe, Village Clerk H.\CLKO\FILESIWINIRESICDBG-CEDA-200; DOC RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND CHILDREN'S ADVOCACY CENTER WHEREAS, the Village of Mount Prospect is a recipient of funds under the Community Development Block Grant Program; and WHEREAS, it has been determined by the Mayor and Board of Trustees of the Village of Mount Prospect that Children's Advocacy Center, shall provide immediate support and crisis intervention to child victims of abuse and their parents, for the residents of Mount Prospect located within the corporate limits of the Village of Mount Prospect; and WHEREAS, the program proposed by the Children's Advocacy Center and approved herein, complies with the requirements of the Department of Housing and Urban Development with respect to benefiting low and moderate-income persons. 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 is hereby authorized to sign and the Clerk directed to attest his signature on an agreement for Community Development Block Grant implementation, which Agreement is between the Village of Mount Prospect and Children's Advocacy Center, a copy of which Agreement is attached hereto and hereby made a part hereof as Exhibit "A". SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by the law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of 2005. Gerald L. Farley, Mayor ATTEST: Velma W. Lowe, Village Clerk H.\C"LKO\tile,\W1N\RES\CDBG-Children Advocacy Clr-2005.doc RESOLUTION NO. A RESOLUTION AUTHORIZfNG EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND CLA YGROUND CREATIVE CENTER, INC. WHEREAS, the Village of Mount Prospect is a recipient of funds under the Community Development Block Grant Program; and WHEREAS, it has been determined by the Mayor and Board of Trustees of the Village of Mount Prospect that Clayground, Inc. shall provide a teaching ceramics/art program for the residents of the Boxwood Area Jocated within the corporate limits ofthe Village of Mount Prospect; and WHEREAS, the program proposed by the Clayground Creative Center, Inc. and approved herein, compJies with the requirements of the Department of Housing and Urban Development with respect to benefiting low/moderate-income persons. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLfNOIS: SECTION ONE: That the Mayor is hereby authorized to sign and the Clerk directed to attest his signature on an agreement for Community Development Block Grant implementation, which Agreement is between the Village of Mount Prospect and Clayground Creative Center, Inc. a copy of which Agreement is attached hereto and hereby made a part hereof as Exhibit "A". SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by the law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of ,2005. Gerald L. Farley, Mayor ATTEST: Velma W. Lowe, Village Clerk H.\PLAN\CDBGlS"b-R"¡p;"",\O"y",ound\211115\Rcsol.,,,on 21JlJ5 doc RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND GIRL SCOUTS ILLINOIS CROSSROADS COUNCIL WHEREAS, the Village of Mount Prospect is a recipient of funds under the Community Development Block Grant Program; and WHEREAS, it has been determined by the Mayor and Board of Trustees of the Vi1lage of Mount Prospect that Girl-Scout Illinois Crossroad Council shall provide quality program activities that will change attitudes and behavior and equip girls and female teens with information and skills they need to become competent, confident adu1ts in the corporate limits of the Village of Mount Prospect; and WHEREAS, the program proposed by the Girl-Scouts-Illinois Crossroads Council and approved herein, complies with the requirements of the Department of Housing and Urban Development with respect to benefiting low/moderate-income persons. 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 is hereby authorized to sign and the Clerk directed to attest his signature on an agreement for Community Development Block Grant implementation, which Agreement is between the Village of Mount Prospect and, Girl Scouts-llJinois Crossroads Council a copy of which Agreement is attached hereto and hereby made a part hereof as Exhibit "A". SECTION TWO: That this Reso]ution shall be in full force and effect from and after its passage and approval in the manner provided by the law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of ,2005. Gerald L. Farley, Mayor ATTEST: Velma W. Lowe, Village Clerk H \CLKO\FILES\WIN\RES\CDBG-GIRL SCQUTS-2005 DOC RESOLUTiON NO. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND JOURNEYS FROM PADS TO HOPE, INe. WHEREAS, the Village of Mount Prospect is a recipient offunds under the Community Development Block Grant Program; and WHEREAS, it has been determined by the Mayor and Board of Trustees of the Village of Mount Prospect that Hope Now, Inc. shall provide referral, counseling, and resource services for the homeless and near homeless population of Mount Prospect. WHEREAS, the project proposed by Journeys From PADS to HOPE, Inc. and approved herein, complies with the requirements of the Department of Housing and Urban Development with respect to benefiting low/moderate-income persons. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRVSTEESOF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the Mayor is hereby authorized to sign and the Clerk directed to attest his signature on an agreement for Community Development Block Grant implementation, which Agreement is between the Village of Mount Prospect and Journeys from PADS to HOPE, Inc., a copy of which Agreement is attached hereto and hereby made a part hereof as Exhibit "A". SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by the law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of ,2005. Gerald L. Farley, Mayor ATTEST: Velma W. Lowe, Village Clerk HICLKO\FILESI\VINIRESICOBG-JOURNEYSPADS TO HOPE.¡IIO;.DOC RESOLUTION NO, A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN 'THE VILLAGE OF MOUNT PROSPECT AND ORCHARD VILLAGE WHEREAS, the VilJage of Mount Prospect is a recipient of funds under the Community Development Block Grant Program; and WHEREAS, it has been determined by the Mayor and Board of Trustees of the Village of Mount Prospect that Orchard Village provides a group home for adults with disabilities to Mount Prospect residents within the corporate limits of Mount Prospect; and WHEREAS, the project proposed by the Orchard Village and approved herein, complies with the requirements of the Department of Housing and Urban Development with respect to benefiting low/moderate-income persons, 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 is hereby authorized to sign and the Clerk directed to attest his signature on an agreement for Community Development Block Grant implementation, which Agreement is between the Village of Mount Prospect and Orchard Village, to rehabilitate the group home located in Mount Prospect. A copy of which Agreement is attached hereto and hereby made a part hereof as Exhibit "A". SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by the law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of ,2005. Gera1d L. Farley, Mayor ATTEST: Velma W. Lowe, Village Clerk H\CLKOIFILES\WINIRESICDBG-ORCHARD VILLAGE-2I1OS.DOC RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND RESOURCE CENTER FOR THE ELDERLY FOR SENIOR SHARED HOUSING WHEREAS, the Village of Mount Prospect is a recipient of funds under the Community Development Block Grant Program; and WHEREAS, it has been determined by the Mayor and Board of Trustees of the Vi1lage of Mount Prospect that the Resource Center for the Elderly shall provide a program to match homeowners or apartment dwe1lers with home seekers; providing affordable housing for the elderly, single parent, persons on fixed incomes, displaced homemakers, and other low income persons needing affordable housing for residents within the corporate boundaries of the VilJage of Mount Prospect; and WHEREAS, the program proposed by the Resource Center for the Elderly and approved herein, complies with the requirements of the Department of Housing and Urban Development with respect to benefiting low/moderate-income persons. 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 is hereby authorized to sign and Clerk directed to attest his signature on an agreement for Community Development Block Grant implementation, which Agreement is between the Village of Mount Prospect and the Resource Center for the Elderly, a not-for-profit corporate, a copy of which Agreement is attached hereto and hereby made a part hereof as Exhibit "A". SECTION TWO: That this Resolution shall be in fulJ force and effect from and after its passage and approval in the manner provided by the law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of ,2005. ATTEST: Gerald L. Farley, Mayor Velma W. Lowe, Village Clerk H\CLKOIFILESI\VINIRES\CDßO-RESOURCE CTR ELDERLY-IIIIIS DOC RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND RESOURCES FOR COMMUNITY LIVING WHEREAS, the Vi11age of Mount Prospect is a recipient of funds under the Community Development Block Grant Program; and WHEREAS, it has been determined by the Mayor and Board of Trustees of the Vi11age of Mount Prospect that the Resource Center for Community Living shall provide a program that includes "Community Living," and "Shared Housing for Special Populations" for the residents of the Vi11age of Mount Prospect in the corporate boundaries of the Vi11age of Mount Prospect; and WHEREAS, the program proposed by the Resource Center for Community Living and approved herein, complies with the requirements of the Department of Housing and Urban Development with respect to benefiting low/moderate-income persons. 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 is hereby authorized to sign and the Clerk directed to attest his signature on an agreement for Community Development Block Grant implementation, which Agreement is between the Village of Mount Prospect and the Resource Center for Community Living, a copy of which Agreement is attached hereto and hereby made a part hereof as Exhibit "A". SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by the law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of ,2005. Gerald L. Farley, Mayor ATTEST: Velma W. Lowe, Village Clerk II ',CLKO\FILES'WINIRESICDBG.RESOURCES COMMUNITY LlVING.,IIII; DOC RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE GREATER WHEELING AREA YOUTH OUTREACH, INe. WHEREAS, the Village of Mount Prospect is a recipient of funds under the Community Development Block Grant Program; and WHEREAS, it has been determined by the Mayor and Board of Trustees of the Village of Mount Prospect that the Greater Wheeling Area Youth Outreach, Inc. shall provide "Summer Adventure" a summer program that includes educational and recreational activities for the residents of the Boxwood Area located within the corporate limits of the Village of Mount Prospect; and WHEREAS, the program proposed by the Greater Wheeling Area Youth Outreach, Inc. and approved herein, complies with the requirements of the Department of Housing and Urban Development with respect to benefiting low/moderate-income persons. 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 is hereby authorized to sign and the Clerk directed to attest his signature on an agreement for Community Development Block Grant implementation, which Agreement is between the Village of Mount Prospect and the Greater Wheeling Area Youth Outreach, Inc., a copy of which Agreement is attached hereto and hereby made a part hereof as Exhibit "A". SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by the law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of ,2004. ATTEST: Gerald L. Farley, Mayor Velma W. Lowe, Village Clerk H\CL~O\FILES\WIN\RES\CDBG.YOUTH OUTREACH.""S DOC RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND WINGS PROGRAM, INc. WHEREAS, the Village of Mount Prospect is a recipient of funds under the Community Development Block Grant Program; and WHEREAS, it has been determined by the Mayor and Board of Trustees of the Village of Mount Prospect that WINGS Program, Inc. shall provide a transitional I iving program for women and their children who are homeless for near homeless and homeless low and 1l10derate incomeresidents of the Village of Mount Prospect; and WHEREAS, the program proposed by the WINGS Program, Inc. and approved herein, complies with the requirements of the Department of Housing and Urban Development with respect to benefiting low/moderate-income persons. 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 is hereby authorized to sign and the Clerk directed to attest his signature on an agreement for Community Development Block Grant implementation, which Agreement is between the Village of Mount Prospect and the WINGS Program, Inc., for the provision of a transitional housing program, a copy of which Agreement is attached hereto and hereby made a part hereof as Exhibit "A". SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by the law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of ,2005. Gerald L. Farley, Mayor ATTEST: Velma W. Lowe, Village Clerk H ICLKOIfILESIWI"RESICDBG-WINGS-2OIl'.DOC RESOLUTION NO. A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND ALEXIAN BROTHERS NORTHWEST MENTAL HEALTH CENTER WI-IEREAS, the Village of Mount Prospect is a recipient of funds under the Community Development Block Grant Program; and WHEREAS, it has been determined by the Mayor and Board of Trustees of the Village of Mount Prospect that the Alexian Brothers Northwest Mental Health Center shal1 provide a program which offers crisis intervention and follow-up services such as case management and psychiatry to mentally ill residents; and WHEREAS, the program proposed by the Alexian Brothers Northwest Mental Health Center and approved herein, complies with the requirements of the Department of Housing and Urban Development with respect to benefiting ]ow/moderate-income persons. 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 is hereby authorized to sign and the Clerk directed to attest his signature on an agreement for Community Development Block Grant implementation, which Agreement is between the Village of Mount Prospect and Alexian Brothers Northwest Mental Health Center a copy of which Agreement is attached hereto and hereby made a part hereof as Exh ibit "A". SECTION TWO: That this Resolution shaH be in full force and effect from and after its passage and approval in the manner provided by the law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of 2005. Gerald L. Farley, Mayor ATTEST: Velma W. Lowe, Village Clerk H \CLKO'.FILES\WIN\RES\CDBG-ALEXIAN BROTHERS MENTAL HEAL TH-2oIJS.DOC AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND <SUB- RECIPIENT> FOR THE COMMUNITY DEVELOPMENT BLOCK GRANT PROGRAM THIS AGREEMENT, entered this day of ,20_, by and between the Village of Mount Prospect (herein referred to as the "Grantee") and the <SUB- RECIPIENT> (herein referred to as the "Sub-Recipient"). WHEREAS, the Grantee has applied for and received Community Development Block Grant (herein referred to as "CDBG") funds from the United States Departrnent of Housing and Urban Development (herein referred to HUD) under Title I of the Housing and Community Development Act of 1974, Public Law 93-383; and WHEREAS, the Grantee wishes to engage the Sub-Recipient to assist the Grantee in utilizing such funds NOW, THEREFORE, it is agreed between the parties hereto that; 1. SCOPE OF SERVICE A. Activities The Sub-Recipient will be responsible for administering a CDBG Year (2005) <NAME OF PROGRAM> in a manner satisfactory to the Grantee and consistent with any standards required as a condition of providing these funds. This program will include the following activities eligible under the CDBG program. The Grantee elects to contract for services with the Sub-Recipient for operation of a program to <DESCRIPTION OF ACTIVITY TO BE UNDERTAKEN> as outlined in the Scope of Services attached herewith as Exhibit A. B. National Objectives The Sub-Recipient certifies that the activities carried out with funds provided under this Agreement will meet one or more of the CDBG program's National Objectives as defined in 24 CRF Part 570.208: l. Benefit LowlModerate Income Persons; 2. Aid in the prevention or elimination of slums or blight; or 3. Meet a need having a particular urgency/emergency. J :9 EXHIBIT A c. Levels of Accomplishment In addition to the normal administrative services required as part of this Agreement, the Sub-Recipient agrees to provide the following levels of program services: Activity <NAME OF PROGRAM Average Clients/Month CLIENTS/MONTH Total Clients/Year CLIENTSIYR> D. Performance Monitoring The Grantee will monitor the performance of the Sub-Recipient against goals and performance standards required herein. Substandard performance as determined by the Grantee will constitute non-compliance with this Agreement. If action to correct such substandard performance is not taken by the Sub-Recipient within a reasonable period of time after being notified by the Grantee, contract suspension or termination procedures will be initiated. II. TIME PERFORMANCE Services of the Sub-Recipient shall start on January 1, 2005 and end on December 31, 2005. The term of this Agreement and the provisions herein shall be extended to cover any additional time period during which the Sub-Recipient remains in control of CDBG funds or other assets, including program income. III. PAYMENT It is expressly agreed and understood that the total amount to be paid by the Grantee under this contract shall not exceed $<AMOUNT>. Payments may be contingent upon certification of the Sub-Recipient's financial management system in accordance with the standards specified in OMB Circular A-ll 0 Attachment F. A. Payment Procedures The Grantee will pay to the Sub-Recipient funds available under this contract based upon information submitted by the Sub-Recipient and consistent with any approved budget and Grantee policy concerning payments. With the exception of certain advances, payments will be made for eligible expenses actually incurred by the Sub- Recipient, and not to exceed actual cash requirements. Payments will be adjusted by 2 the Grantee in accordance with advance fund and program income balances available in Sub-Recipient accounts. In addition, the Grantee reserves the right to liquidate funds available under this contract for costs incurred by the Grantee on behalf of the Sub-Recipient. B. Indirect Costs If indirect costs are charged, the Sub-Recipient will develop an indirect cost allocation plan for determining the appropriate Sub-Recipient's share of administrative costs and shall submit such plan to the Grantee for approval, in a form specified by the Grantee. c. Program Income The Sub-Recipient shall report all program income as defined at 24 CFR 570.500(a) generated by activities carried out with CDBG funds made available under the contract. The use of program income by the Sub-Recipient shall comply with the requirements set forth at 24 CFR 570.504. By way of further limitations, the Sub- Recipient may use such income during the contract period for activities permitted under this contract and shall reduce requests for additional funds by the amount of any such program income balances on hand. All unused program income shall be returned to the Guarantee at the end of the contract period. Any interest earned on cash advances from the u.S. Treasury is not program income but needs to be remitted promptly to the Grantee. IV. REPORTING A. Progress Reports The Sub-Recipient shall submit a <FREQUENCY OF REPORTS i.e. "MONTHL Y"> report to the Grantee in the form, content, and frequency as required by the Grantee. This report should include the following: I. Each client served during the month using CDBG funds; 2. Client's address; and 3. Type of service used by that client. B. Final Report A final report shall accompany the Sub-Recipient's final billing. This report will highlight the accomplishments of the program for the fiscal year, from January I, 2005 3 to December 31, 2005, summarize the number of Mount Prospect residents served and include the completion of Exhibit B, herein attached. This report shall be due no later than January 20, 2006. c. Submission to HUD Subsequent to the execution of this Agreement, the Grantee shall file all necessary documents with HUD and shall comply with all applicable rules and regulations necessary to facilitate acquisition of funds approved for this program by HUD. The Sub-Recipient shall not file any lawsuit against the Grantee or any of its officers or employees as a result of this contract, except that this Section shall not act as a bar to any lawsuits arising from the negligent acts of the Grantee or any of its officers and employees. V. NOTICES & COMMUNICATIONS Notices and communications underthis Agreement shall be sent registered or certified mail postage prepaid to the respective parties as follows: Grantee Sub-Recipient Mr. William 1. Cooney, Jr. Director of Community Development Village of Mount Prospect 50 S. Emerson Street Mount Prospect, IL 60056 (847) 818-5328 Fax: (847) 818-5329 <CONTACT> <TITLE> <ORGANIZATION> <ADDRESS> <CITY, STATE ZIP> <PHONE> <F AX> VI. GENERAL CONDITIONS A. General Compliance The Sub-Recipient agrees to comply with the requirements of Title 24 of the Code of Federal Regulations, Part 570 (the HUD regulations concerning CDBG). The Sub- Recipient further agrees to utilize funds available under this Agreement to supplement rater than supplant funds otherwise available. The Sub-Recipient shall, at all times, observe and comply with all laws, ordinances or regulations of the Federal, State, County and local government which may in any 4 manner affect the performance of this Agreement, and the Sub-Recipient shall be required to perform all acts under this agreement in the same manner as the Grantee, as a contractor of the Federal Government, is or would be required to perform such acts. Suspension or termination shall occur if the Sub-Recipient materially fails to comply with any term of the award in accordance with 24 CFR 85.44. B. "Independent Contractor" Nothing contained in this Agreement is intended to, or shall be construed in any manner, as creating or establishing the relationship of employer/employee between the parities. The Sub-Recipient shall at all times remain an "independent contractor" with respect to the services to be performed under this Agreement. The Grantee shall be exempt from payment of all Unemployrnent Compensation, FICA, retirement, life andlor medical insurance and Workers' Compensation Insurance as the Sub-Recipient is an independent Sub-Recipient. C. Hold Harmless The Sub-Recipient shall hold harmless, save and indemnify the Grantee and each and everyone of its officers, agents, employees, servants, attorneys, insurers and successors from any and all claims, demands, causes of actions, expenses, injuries, losses or damages of whatever kind, character of description the Grantee may suffer as a result of any cause, matter, act, or omission arising out of the Sub-Recipient's performance or non-performance, or those acting under it to conform to the statues, ordinances or other regulations or requirements of any governmental authority, in connection with e the Sub-Recipient's performance under this Agreement. The Sub- Recipient agrees to defend any claims brought or actions filed against the Grantee with respect to the subject of the indemnity contained herein, whether such claims or actions are rightfully or wrongfully brought or files. In case of such a claim brought or such an action files, the Grantee agrees that the Sub-Recipient may employ attorneys of its own selection to appear and defend the claim or action on behalf of the Grantee, subject to reasonable approval by the Grantee, at the expense of the Sub- Recipient. The Sub-Recipient, at its option, shall have the sole authority for the direction of the defense. D. Amendments The Grantee or Sub-Recipient may amend this Agreement at any time provided that such amendments make specific reference to this Agreement, and are executed in writing, signed by a duly authorized representative of both organizations, and approved by the Grantee's governing body. Such amendments shall not invalidate this 5 VII. Agreement, nor relieve or release the Grantee or Sub-Recipient from its obligations under this Agreement The Grantee may, in its discretion, amend this Agreement to conform with Federal, state or local governmental guidelines, policies and available funding amounts, or for other reasons. If such amendments result in a change in the funding, the scope of services, or schedule of the activities to be undertaken as part of this Agreement, such modifications will be incorporated only by written amendment signed by both Grantee and Sub-Recipient. E. Suspension or Termination Either party may terminate this contract at any time by giving written notice to the other party of such termination and specifying the effective date thereof at least 30 days before the effective date of such termination. Partial terminations of the Scope of Service in Section I, A above may only be undertaken with the prior approval of the Grantee. In the event of any termination for convenience, all finished or unfinished documents, data, studies, surveys, maps, models, photographs, reports or other materials prepared by the Sub-Recipient under this Agreement shall, at the option of the Grantee, become the property of the Grantee, and the Sub-Recipient shall be entitled to receive just and equitable compensation for any satisfactory work completed ('n such documents or materials prior to the termination. The Grantee may also suspend or terminate this Agreement, in whole or in part, if the Sub-Recipient materially fails to comply with any term of this Agreement, or with any of the rules, regulations or provisions referred to herein; and the Grantee may declare the Sub-Recipient ineligible for any further participation in the Grantee's contracts, in addition to other remedies as provided by the law. In the event there is probable cause to believe the Sub-Recipient is in non-compliance with any applicable rules or regulations, the Grantee may withhold up to fifteen (IS) percent of said contract funds until such time as the Sub-Recipient is found to be in compliance by the Grantee, or is otherwise adjudicated to be in compliance. ADMINISTRATIVE REQUIREMENTS A. Financial Management 1. Accounting Standards The Sub-Recipient agrees to comply with Attachment F of OMB Circular I- llO and agrees to adhere to the accounting principles and procedures required 6 therein, utilize adequate internal controls, and maintain necessary source documentation for all costs incurred. 2. Cost Principles The Sub-Recipient shall administer its program in conformance with OMB Circulars A-l22, "Cost Principles for Non-Profit Organizations or A-21 "Cost Principles for Educational Institutions," as applicable. These principles shall be applied for all costs incurred whether charged on a direct or indirect basis. OMB Circular A-122 is included as Exhibit D. B. Documentation and Record-Keeping 1, Records to be Maintained The Sub-Recipient shall maintain all records required by the Federal regulations specified in 24 CFR Part 570.506, that are pertinent to the activities to be funded under this Agreement. Such records shall not include but not be limited to: a. Records providing a full description of each activity undertaken; b. Records demonstrating that each activity undertaken meets one of the National Objectives of the CDBG program; c. Records required to determine the eligibility of activities; d. Records required to document the acquisition, improvement, use or disposition of real property acquired or improved with CDBG assistance; e. Records documenting compliance with the fair housing and equal opportunity components of the CDBG program; f. Financial records as required by 24 CFR Part 570.502, and OMB Circular A-ll 0; and g. Other records necessary to document compliance with Subpart K of24 CFR 570. If applicable, said records shall include verification of household income and information on racelnational origin and ethnicity. Eligible households for this program must have income below those noted in Exhibit C. The Sub- Recipient may establish program income criteria below that noted in Exhibit C. 2. Retention The Sub-Recipient shall retain all records pertinent to expenditures incurred under this contract for a period of five (5) years after the termination of all activities funded under this Agreement. Records for non-expendable property 7 acquired with funds under this contract shall be retained for five (5) years after final disposition of such property. Notwithstanding the above, if there are claims, litigation, audits, negotiations or other actions that involve any of the records cited that have started before the expiration of the three-year period, then such records must be retained until completion of the actions and resolution of all issues, or the expiration of the three-year period, whichever occurs later. 3. Client Data The Sub-Recipient shall maintain client data demonstrating client eligibility for services provided. Such data shall include, but not be limited to, client name, address, income level or other basis for determining eligibility, and description of service provided. Such information shall be rnade available to Grantee monitors or their designees for review upon request. 4. Disclosure The Sub-Recipient understands that client information collected under this contract is private. The use or disclosure of such information, when not directly connected with the administration of the Grantee's or Sub-Recipient's responsibilities with respect to services provided under this contract, is prohibited, unless written consent is obtained from such person receiving service and, in the case of a minor, that of a responsible parent/guardian. 5. Property Records The Sub-Recipient shall maintain a real property inventory, which identifies properties purchased, improved or sold using CDBG funds. Properties retained shall continue to meet eligibility criteria and shall conform with the "changes in use" restrictions specified in 24 CFR Parts 570.503(b )(8), as applicable. 6. Close-Outs The Sub-Recipient's obligation to the Grantee shall not end until all close-out requirements are completed. Activities during this close-out period shall include, but are not limited to: making final payments, disposing of program assets (including the return of unused materials, equipment, unspent cash advances, program income balances, and accounts receivable to the Grantee), and determining the custodianship of records. 8 7. Audits & Inspections All Sub-Recipient records with respect to any matters covered by this Agreement shall be made available to the Grantee, grantor agency, their designees or the Federal Government, at any time during normal business hours, as often as the Grantee or grantor agency deems necessary, to audit, examine, and make excerpts or transcripts of all relevant data. Any deficiencies noted in audit reports must be fully cleared by the Sub-Recipient with 30 days after receipt by the Sub-Recipient. Failure of the Sub-Recipient to comply with the above audit requirements will constitute a violation of this contract and may result in the withholding of future payments. The Sub- Recipient hereby agrees to have an annual agency audit conducted in accordance with current Grantee policy concerning Sub-Recipient audits and, as applicable OMB Circular A-133. 8. A vailability of Law, Regulations and Orders The Grantee shall, upon the request of the Sub-Recipient, provide copies of all laws, regulations and orders, including those cited in this contract which regulate operation of the CDBG-funded programs, or which might otherwise affect the performance of this Agreement. This Agreement include program income requirements (See Section V, C, I: Program Income.) set forth in section 24 CFR 570.504 (c) but is not applicable to the Sub-Recipient and uniform administrative requirements described in section 24 CFR 570.502. c. Procurement 1. Compliance The Sub-Recipient shall comply with current Grantee policy concerning the purchase of equipment and shall maintain inventory records of all non- expendable personal property as defined by such policy as may be procured with funds provided herein. All program assets (unexpended program income, property, equipment, etc.) shall revert to the Grantee upon termination of this contract. 2. OMB Standards The Sub-Recipient shall procure all materials, property, or services in accordance with the requirements of Attachment 0 of OMB Circular A-IIO, Procurement Standards, and shall subsequently follow Attachment N, Property Management Standards as modified by 24 CFR 570.502(b)(6), covering utilization and disposal of property. 9 VIII. 3. Travel The Sub-Recipient shall obtain written approval from the Grantee for any travel outside the metropolitan area with funds provided under this contract. PERSONNEL & PARTICIPANT CONDITIONS A. Civil Rights 1. Compliance The Sub-Recipient agrees to comply with the Illinois Human Rights Act (Act 775ILCS 5-1-101 et seq.) and with Title VIII of the Civil Rights Act of 1968 as amended, Section 1 04(b) and Section 109 of Title 1 of the Housing and Community Development Act of 1974 as amended, Section 504 of the Rehabilitation Act of 1973, the Americans with Disabilities Act of 1990, the Age Discrimination Act of 1975, Executive Order 11063, and with Executive Order 11246 as amended by Executive Orders ll3 75 and l2086. 2. Nondiscrimination The Sub-Recipient shall not discriminate against any worker, employee, applicant for employment or any member of the public because of race, color, creed, religion ancestry, national origin, sex, disability or other handicap, age, marital/familial status, or status with regard to public assistance. Such affirmative action shall include, but not be limited to the following: employment, upgrading demotion or transfer, termination, compensation, and selection for training including apprenticeship. The Sub-Recipient agrees to post in conspicuous places available to employees and applicants for employment, notices setting forth the provisions of this non-discriminatory clause. This policy of non-discrimination and affirmative action shall be applicable with regard to both the Sub-Recipient's internal personnel practices and its actions in the performance of this Agreement. The Sub-Recipient hereby certifies that 1-9 forms are current and employment verification has been completed regarding all employees. The Sub-Recipient agrees and authorizes the Grantee and HUD to conduct compliance reviews or any other procedures to assure compliance with these provisions, subject to applicable laws and regulations concerning privacy and reasonable notice to the Sub- Recipient. lO B. Conduct 1. Assignments The Sub-Recipient shall not assign the Agreement or any part thereof and the Sub-Recipient shall not transfer or assign any funds or claims due or to be come due hereunder without the prior written approval of the Village Manager. Any transfer or assignment of funds pursuant to this agreement, either in whole or in part, or any interest therein shall be due to the Sub-Recipient shall be deemed of no force or effect and shall not be binding upon the Grantee. 2. Prohibited Activity The Sub-Recipient is prohibited from using funds provided herein or personnel employed in the administration of the program for political activities: sectarian or religious activities; lobbying, political patronage, and nepotism activities 3. Conflict of Interest The Sub-Recipient agrees to abide by the provisions of 24 CFR 570.611 with respect to conflicts of interest, and covenants that it presently has no financial interest and shall not acquire any financial interest, direct or indirect, which would conflict in any manner or degree with the performance of services required under the Agreement. The Sub-Recipient further covenants that in the performance of this Agreement no person having such a financial interest shall be employed or retained by the Sub-Recipient hereunder. These conflict of interest provisions apply to any person who is an employee, agent, consultant, officer or elected official or appointed official of the Grantee, or of any designated public agencies or Sub-Recipients which are receiving funds under the CDBG Entitlement Program. . 4. Lobbying The Sub-Recipient hereby certifies that: a. No Federal appropriated funds have been paid or will be paid, by or on behalf of it, to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan or cooperative agreement; II 5. b. If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with this Federal contract, grant, loan or cooperative agreement, it will complete and submit Standard Form-LLL, "Disclosure Form to Report Lobbying," in accordance with its instructions; c. It will require that the language of paragraph (d) of this certification be included in the award documents for all subawards at all tiers (including subcontracts, subgrants, and contracts under grants, loans and cooperative agreements) and that all Sub- Recipients shall certify and disclose accordingly; and d. Lobbying Certification - Para~raph d This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 13 52, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $l 0,000 and not more than $l 00,000 for each such failure. Religious Organizations The Sub-Recipient agrees that funds provided under this contract will not be utilized for religious activities to promote religious interests, or for the benefit of a religious organization in accordance with the Federal regulations specified in 24 CR 570.2000). IX. SEVERABILITY If any provision of this Agreement is held invalid, the remainder of this Agreement shall not be affected thereby, and all other parts f this Agreement shall nevertheless be in full force and effect. 12 ;; IN WITNESS WHEREOF, the Parties have executed this contract: THE VILLAGE OF MOUNT PROSPECT <ORGANIZATION> BY: BY: President of the Village Board <TITLE> ATTEST: Village Clerk Notary Public 13