HomeMy WebLinkAbout0886_001X" VELMA W. LOWE
Village Clerk
Al
iE WHOLE
A
Meeting Date and Time*
Tuesday,, May 25, 1999
7.*30 p.m.
MINUTES
COMMITTEE OF THE WHOLE
APRIL 27, 1999
1. CALL'Id ORDER
Mayor Farley called the meeting to order at 7:34 p.m. Present at the meeting were. -
Trustees George Clowes, Richard Lohrstorfer and Daniel Nocchi. Trustee Paul Hoefert
arrived at 7:55 p.m. Absent from the meeting was Trustee Irvana Wilks. Staff members
present included Village Manager Michael Janonis, Assistant Village Manager DavidStrahI4
and Finance Director Doug Ellsworft,
Acceptance of Minutes of April 14, 1999. Motion made by Trustee Nocchi and seconded
by Trustee Clowes to approve the Minutes. Minutes were approved unanimously.
Finance Director Doug Ellsworth stated this is a new item being brought to the Village
Board. He said normally staff provides a six month financial update but he felt it would be
helpful to the Board to provide this information on a quarterly basis. The numbers
presented are through March 31, 1999, or 25% of the fiscal year to date. He stated that the
majority of the funds are tracking as projected and the revenue sources are approximately
#n target but highlighted the fact that a number of revenue sources have a built in lag time
including Utility Tax and Sales Tax. He also provided a general overview of Debt Service.
Village Manager Janonis reminded the Board at a recent summary discussion
concerning the status of Flood Control Projects was undertaken recently. He stated recent
heavy rains have caused additional erosion of Weller Creek and suggested the Board may
want to revisit the Weller Creek Improvements earlier than the projected date of 2006. He
stated this is only for general information.
This information was provided for general information purposes only to the Village
Board,
............
F'i'nance Director Doug Ellsworth provided a summary of the items which had been
approved as part of the 1998 Budget but did not get completed in 1998 and are requested
for completion in 1999. The majority of the projects requested for carryover are Capital
projects in nature.
Consensus of Village Board was to bring the Budget Amendment forward to the
Village Board for consid I eration at an upcoming meeting.
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John Korn, Chairman of the Finance Commissi6n� endorsed! the methodology as
proposed.,and felt that increasing the useful life of the vehicles has also assisted in reducing�
the deficit for this 1 Fund.
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General comments from Village Board members included thefollowing iteml
There was a discussion regarding a drop in the apparel categoryland whether that was
a
reflective of business, changes,� at err andhurst. There was also a comment made that
Randhurst is a regional mall''that brings in other people in addition to having a variety of
products available, which may not fit into the apparel category.� A suggestion was made to
increase thecoverage area of the Shop Mount Prospect ba,nners to other areas of the
Village besides the downtown.
Village Manager Janonis stated that additional banners would be purchased and installed
as funds become available.
This information was provided tothe Board for general information purposes and
required, no action at this time.
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Finance Director Doug Ellsworth provided a summary of the areas where the funds are
invested and recommends the Village consider joining the IMET communities as an
alternative for investments. He said that IMET was originally put together by the Council
of Governments including the Northwest Municipal Conference. These investments are for
mid-range investments periods and not a money market. He stated that withdrawals are
required to give a five-day notice prior to withdrawal. He stated there are over 100 towns,
which are currently members of IMET and only invest in funds defined by State Statutes.
IMET routinely out -performs other funds as a group. The Village would only invest in liquid
funds and would require an initial investment of $1 million. He stated the funds are
currently managed by First Chicago NBD investments. He stated the investment package
services are bid every two years to ensure adequate services are provided.
Consensus of the Village Board was to consider a Resolution whereby the Village
would become a participating member in IMETO
Village Manager Janonis reminded the Village Board that the newly re-elected Trustees'
2-nd the new Trustee would be sworn in on May 4 and a reception would start at 60 15 p.m.
2-S ,an opportunity to have some social interaction prior to the meeting itself.
Trustee Clowes stated that a resident has approached him voicing concerns about worl
on Busse Road and Elmhurst Road at the same time since these are two critica
north/south roads through Mount Prospect.
Village Manager Janonis stated that unfortunately both routes are State owned anc
controlled and even though Village staff voiced concerns about the two roads being workec
on simultaneously, the State when ahead with the construction.
Trustee Clowes also wanted to register his opposition to the Tuition Tax Credit position o
the Northwest Municipal Conference and the Illinois Municipal League. He also wanted tc
compliment the,,Police Department for their quick action regarding the incident at Wolf anc
Euclid the prior early Saturday mornina. He also stated he observed a meeting and traininc
session on unified incident command on April 23 and wanted to commend the Village stafi
for undertaking this training.
GLOSED SESSION
The Closed Session which was scheduled to discuss land acquisition was cancelled
K
4
SPECIAL
COMMITTEE OF THE WHOLE
MAY 1811999
Is !GALL TO ORDER
Mayor Farley called the meeting to order at 910 p.m. Present at the meeting. wew,
Trustees Timothy Corcoran, Paul Hoefert, Richard Lohrstorfer, Daniel Nocchi, Michaele
Skowron and Irvana Wilks. Staff members present included Village Manager Michae[
Janonis, Assistant Village Manager David Strahl and Community Dbvelopment Director
William Cooney. Downtown Ad Hoe Committee members were also present.
00~ CITIZENS TO BE HEARD
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%..7eneral comments from Village Board members included the following items
None.
va LOSED SESIE"OON
Mayor Farley stated that due to the lateness of the hour, the Closed Session has been
requested to be cancelled.
vir, ADJQ,Y'R.,NMENT,'
No other business was transacted and the meeting was adjourned at 11.40 p.m.
tl submitted,,,
DAVID STRAHL
Assistant Village Manager
DS/rcc
HAGEN\C,ow\Mlnutes\51899 Special COW Minutes.doc
4
22.503 WATER, SEWER AND FLOOD PLAIN REGULATIONS 22.504.2
three percent (3%) in the meter's registry, the excess of the consumption on the
bill shall be adjusted and the entire expense of the test will be borne by the
Village, and the deposit required as hereinafter prescn*bed shall be returned.
Where no such error is found, the person who has requested the test shallpay the
actual expense of the test whether performed by an independent testing service or
the Village.
B. Before making a test of any meter, the person requesting such test shall at the
time 'of making application for a test make a deposit of fifty d"011arm ($.00) at
the office of the Finance Department subject tothe conditions tiions ofthi's SeCtionlo,
C. No meter shall, be removed, or in any way disturbed, or the seal, broken, except
41
M, the presence, of or, under the direction, of the Director of the Department of'
Public 'Works,. ('Ord., 3138, 9-1-19,81,-�
Ord,,, 35'28 5-211-1985,* Ord,. 4638,
449-19,94)
Sec. 22.504. Water And Sewer Rates,
�`iec, 22,504,1, Definition. "U�serl% f6r purposes, hereof, 'is defined as any p
A ** 0
sing
Ta HWY umt OCCUPYmS a gJM1,00),
apartment, condominium or cooperative residence UM t". The term, shall also I , nclude any
person firm Mstitution, or corporation occup n,g any portion of any commerci al,
,industrial or combination, use structum. (Ord., 933, 947-1,961 Ord. 3528, 5-21-1985)
Sec. 22.504.2. Water Rates.
A. All Village users within the Village, ha,vm'g a direct or indirect connection with
Village water maws or
pipes shall, pay, the, folloWing rate:
Water rate For each 1,000 gallons of water $3.11
consumed or portion thereof
co rate limits of, 'the Vffl4ge: having a direct or
B. All I illage 'users fuo q)o,
e--,c,-t---c-o-fi-7-n--6c7,,ti'i �n, with Villi-ge water mams or pipes shilli-pay the following
rate
Water rate For each 1,000 gallons $6.22
consumed or portion thereof
• C. All Village users located outside the boundaries of Special Service Area Number
Five shall pay an additional monthly availability charge based upon the size of
the water meter as follows:
cs c- cP Li t7S
1098
Village of �.r'ount Prospect
22-504.2 WATER, SEWER AND FLOOD PLAIN REGULATIONS 22.504.3
E. If any meter at any time fails to register the quantity of water consumed, the
same shall be determined and charges made, based upon a like period during the
preceding year, car i
n such manner as the Finance Director May direct.
F. It shall be the duty of the consumer to give notice to the Village of intention to
vacate premises or discontinue water service. Such notice shall so far as possible
specify the date when such service is to be discontinued to the end that the Water
Department may remove the meter from the premises, or take a final meter
reading and issue a final bill.
G. A consumer shall be responsible for all water used through the meter or
otherwise at the premises described in his application until notice to discontinue
such service has been given to the Village, and water service has thereafter been
discontinued by the consumer.
H.No�gll in this Chapter shall prohibit the President and Board of Trustees of the
# 4110000m�
Viilla"e from ents pi:nWan int��ovez=agmemen
. - ental t ,
.Z ,— _, t o sellwater to a,
tit so I d I
governmental en'Y. 'The rate "water to I 'by the Vllage to a
governmentW en—tiFy" shall be as specified in the intergovernmental agreement
(Ord. 933, 9-17-1963; Ord. 1070, 7-27-1965; Ord. 3394, 2-7-1984, eff. 5-1-1984;
Ord, 3528, 5-21-1985; Ord. 3893, 2-16-1988, eff. 4-30-1988; Ord. 4294,
4-10-1991, eff. 6-30-1991; Ord. 4425, 4-21-1992, eff. 5-1-1992; Ord. 4540,
4-21-1993, eff. 5-1-1993; Ord. 4665, 8-16-1994; Ord. 4729, 5-16-1995; Ord.
4779, 3-5-1996, eff. 3-15-1996; Ord. 4921, 4-7-1998, eff. 4-30-1998)
Sec. 22.5043. Sewer Rates,
A. Measurement Of Flow. The volume of flow used for computing basic user
charges shall he the metered water consumption read to the lowest even
increments of one thousand (1,000) gallons.
1098
Village of Mount Prospect
Effective
Effective
4-30-1988
4-30-1989
'/3" meter
$9.00
$ 10.00
'/," meter
13.75
15.00
Ito meter
25.00
27.50
11/2" meter
38.50
42.50
211 meter
79.00
87.00
311 meter
136.00
150.00
4" meter
230.00
250.00
6" meter
435.00
475.00
811 meter
900.00
990-00
D Water furnished by the truckload shall be billed at the rate of twice the amount
charged in subsection A of this Section, together with payment of a ten dollar
($10.00) hookup charge, and such water must be picked up at the Public Works
building.
E. If any meter at any time fails to register the quantity of water consumed, the
same shall be determined and charges made, based upon a like period during the
preceding year, car i
n such manner as the Finance Director May direct.
F. It shall be the duty of the consumer to give notice to the Village of intention to
vacate premises or discontinue water service. Such notice shall so far as possible
specify the date when such service is to be discontinued to the end that the Water
Department may remove the meter from the premises, or take a final meter
reading and issue a final bill.
G. A consumer shall be responsible for all water used through the meter or
otherwise at the premises described in his application until notice to discontinue
such service has been given to the Village, and water service has thereafter been
discontinued by the consumer.
H.No�gll in this Chapter shall prohibit the President and Board of Trustees of the
# 4110000m�
Viilla"e from ents pi:nWan int��ovez=agmemen
. - ental t ,
.Z ,— _, t o sellwater to a,
tit so I d I
governmental en'Y. 'The rate "water to I 'by the Vllage to a
governmentW en—tiFy" shall be as specified in the intergovernmental agreement
(Ord. 933, 9-17-1963; Ord. 1070, 7-27-1965; Ord. 3394, 2-7-1984, eff. 5-1-1984;
Ord, 3528, 5-21-1985; Ord. 3893, 2-16-1988, eff. 4-30-1988; Ord. 4294,
4-10-1991, eff. 6-30-1991; Ord. 4425, 4-21-1992, eff. 5-1-1992; Ord. 4540,
4-21-1993, eff. 5-1-1993; Ord. 4665, 8-16-1994; Ord. 4729, 5-16-1995; Ord.
4779, 3-5-1996, eff. 3-15-1996; Ord. 4921, 4-7-1998, eff. 4-30-1998)
Sec. 22.5043. Sewer Rates,
A. Measurement Of Flow. The volume of flow used for computing basic user
charges shall he the metered water consumption read to the lowest even
increments of one thousand (1,000) gallons.
1098
Village of Mount Prospect
Di
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ount, ros e,ct ire, e, e, n�
MOUNT
. ........ . ... ...... . ........
R,01SPEC
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Interottice Memo
0 -
TO MICHAEL E. JANONIS, VILLAGE MANAGER
FROM: MICHAEL J. FIGOLAH, FIRE CHIE
DATE: APRIL 1, 1999
SUBJECT: ELK GROVE TOWNSHIP FIRE DISTRICT WATER
Gary Jensen, Chief of the Elk Grove Township Fire Protection District (EGTFPD), asked
me to find out if our Village would consider allowing his fire station to connect to our water
system.
The EGTFPD provides fire and EMS service to the unincorporated areas south of the
Mount Prospect border and has its sole station located at 1415 East Algonquin Road,
Arlington Heights. Even though the structure carries an Algonquin Road mailing address, it
is actually located at the end of Linneman Road, 300 feet south of Algonquin Road. The
structure is the property of the EGTFPD, not the private contractor that provides service to
the district.
According to Chief Jensen, their monthly water use is 18,000 to 20,000 gallons based on a
meter that is on their private well. The reason for the request to tap into the Mount
Prospect water system is the poor quality and low volume of water available from their
well. This will allow the fire station to be retrofitted with a sprinkler system. The current
water system is not capable of providing enough flow to support 'a sprinkler system.
Additionally, they are planning an addition to the current facility for a larger bunk room,
locker room and storage area. Our water main runs down Linneman Road in front of the
station and along the fire station's south lot line inside the Shell Oil tank farm (see
attached map). They ideally would like to tie in along the south side and into the rear of the
,,. -v addition.
Over the last several years, the Village of Mount Prospect and the Elk Grove Township
Fire Protection District have found themselves in an adversarial relationship concerning
fire and EMS protection of United Airlines and other unincor,-
�. nd arnas. However, the
two fire departments have been able to keep a good working relationship. In fact, over the
last 15 months the EGTFPD has provided mutual aid to Mount Prospect 389 times to our
4 limes we provide aid to them. It is for that reason I recommend we extend the water
system to them. They agree to pay the applicable water charge for users outside of the
corporate limits of the Village.
Thank you for your consideration.
MF
HAArchives\APri1\MF-EGTFPD water-MEJ.doc
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14
CITY OF PROS PELT HEIGHTS
14 EAST CAMP McDONALD ROAD
PROSPECT HEIGHTS, IL 60070-1592
(847) 398-6070 FAX: (847) 392-4244
aw
i
Mr. Michael Janonis, Village Manager
Village of Mount Prospect
100 South Emerson
Mount Prospect, 111,1"nois 60056
A
The City Council of Prospect Heights, meeting as a Committee of the Whole, reviewed
the request of Mr. R. Dino Melchiorre, the lessee of the Prospect Heights Shell Station,
who is requesting an amendment to the intergovernmental water agreement with the
Village of Mount Prospect.
The City Council unanimously endorses the request for an amendment. Please advise as
to what procedure you wish to follow on this matter.
Sincerely,
-eth M. Bonder
City Administrator
A
0 3 /0 3.." 19 9 9 0 0: 41 6308939643 L&GOTA CONSTUCTION PAGE 02
LASOTA C"'*ONSTRUCTION C00, INC.
Genexa! Coritraciors... SerW?rg Ow Pe&oleum Inditstry
944 W.Lake Street * Roselle, ]U 60172 # (6-'10)893-9339 6 Fax(630)893-9643
Mayor Edward P. Rotchford
City of Prospect Heights
Camp McDonald Road
Prospe60070
On behalf of Mr. Dino Melchiorm, the Jeasee of the Prospect HeShell Station at two No
ightsrth
Elmhurst Roadand Shell Oil Co., the lessor of the property, we are requesting an amendmew to
the Intergovemmental Agreement with the Village of Mount Prospect. In 1997 this agreement
had been amended to allow the sale of water to Walgreen's. Since the Im*e passes by Shell"s
frontage we feel tWs would be a simple procedure. We were instructed to start the procedure
with our office. Please let usknow if there is anything we need to do M' order to expedite this
Y
matter.The reason we our requesting the water is because of the poor qualitv of our well water
and the concern for Shell"s customers.
"Mz-=--Tt0EM
Daniel I La Sota
CITY OF PROS PELT HEIGHTS
PUBLIC WORKS and ENGINEERING
401 PIPER LANE
PROSPECT HEIGHTS, IL 60070-1863
(847) 459-0588 FAX: (847) 459-0618
I
December 8, 199,1!*4i
Mr. Dino Melchiorre
Prospect Heights Shell
Two North Elmhurst Road
Prospect Heights, Illinois 60074
The City has received a copy of the correspondence from Mount Prospect regarding
connection to the water system. At this point, you should proceed in the following
manner. A letter should be written to Mayor Edward P. Rotchford requesting an
amendment to the Water Agreement with Mount Prospect to include providing water to
your property.
If you are planning on adding a car wash facility, you should begin by appearing before
the Site Plan Review Committee. Please contact Marcia Jendreas at 459-0588 for an
application and ftirther information.
Feel free to contact me if you have any questions or comments.
W A
Sincerely,
Howard A. Killian, P.E.
Director c,,' Public Works & Engineering
HAKJmaj
c: Kcimeth M.
MAYOR
Gerald L. Farley
TRUSTEES
George A. Clowns
Timothy J. Corcoran
Paul Wm. Hoefert
Richard M. Lohrstorfer
Daniel A. Nocchi
Irvana K. Wilks
VILLAGE MANAGER
Michael E. Janonis
VILLAGE CLERK Vfl1aA%ge of Mount FA`ros1,,,,,t
Velma W. Lowe 100 South Emerson Street Mount Prospect, Illinois 60056
December 2,1998
Mr. Deno Melchiorre
Prospect Heights Shell
Two North Elmhurst Road
Prospect Heights, Illinois 60070
Dear Mr. Melchiorre:
Phone: (847) 392-6000
Fax: (847) 392-6022
TOD: (84 I) 392-6064
I apologize for the delay "in, getting back to, you regarding your request for Mount Prospect water.
At this time I would llto offer the following:
41 2
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00,
lei & 66
I would be more than happy to speak further with you once you have somo answers from
Prospect Heights.
AWN
MEJ/rcc
c: Meyer Gerald L. Farley
Board of istees
Public Work, �)irp-ctor Glen Andler
Finance Dii-er-tor Doug Ellsworth
12/01/1998 13:28 847-374-1526
PAX NO* (847)392-6022
December 01, 1998
Mt A Xi cha,e 1, Jamon i a
VillaVd Hanager
Village` Of Mount Prospect
1,00 Emerson
F
Afte Prospect, IL 60OS6
Dear Mr& Janonis,
ZEEAM274
"I'abael Melchior"
Ownor
N
I talked tO You by telephone on Nov er 11, 1998 and you were ffe-ii
to have someone got back to me. No one has called me back.
To refresh your recall, I called you, about W'ater Service from Mount
Prospect to our Gas, Stat,ion business at the northwest
intersection, of, glmhurat Roaia, anjj CaVMacDmald Road, Prospect
The water main, is on our parkway on the north
Side of Camp, McDonald Road,,
We presently, have, "11 water, and are hoping to get water from
Mount Prospect,, t,hO Same water that, You will be provid,,jLng to the new
Walgreen Store across the s.treet, We under8'-and that we will have to
pay a premium for this Service,
--r- 9--
.1 %omeone needs to call me, please call me at my business office
(847)374-1368*
Thank you for your consideration.
Ve ruly yo, a
Deno Melchiorre
Village of M,'ount Prospect
Mount Prospect, Illinois
INTEROFFICE MEMORANDUM
TO* MAYOR GERALD L. FARLEY AND BOARD OF TRUSTEES
FROM: VILLAGE MANAGER
DATE: MAY 15,1997
SUBJECT: REQUEST FROM CITY OF PROSPECT HEIGHTS TO AMEND
I WATER SUPPLY AGREEMENT
According to the Agreement, any change in that status, such as the sale of water to a
commercial enterprise could only be accomplished through mutual consent of the two
municipalities. Attached is a request from Prospect Heights that Mount Prospect consider
an Amendment to the existing Water Supply Agreement that would allow Walgreens to
purchase Mount Prospect water. The request comes about as the result of the recent sale
of the Prospect Heights City Hall property which will be redeveloped with a 15,000 square
foot Walgreens' facility.
The technical aspects of supplying water to Walgreens along with the appropriate
Amendment to the Water Supply Agreement can easily be accomplished at a staff level.
The threshold question for the Village Board to consider is whether they are amenable to
an Amendment to the Supply Agreement. If a decision is made to expand the scope of
use, it would be staff's recommendation to impose on Walgreens the same non-resident
corporate rate as would 1. -7%imposed on any other similarly situated commercial operation.
The water rate per thousand gallons would be $5.98. Staff would also recommend
continuation of the "Capital Expenditure Surcharge" called for in the Agreempnt since it
mirrors the Special Service Area #5 revenues collected within the corporate limits --\f Mount
Prospect.
lei
lip
0
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MEJ/rcc
Public vvorKS Uirector Glen An
dler
Finance Director Brian Caputo
Assistant Village Manager David Strahl
XUJ-RERS%ROSERTAC%WINNOFFit-cWE,APHWATSUP.k4EM
CITY OF PROSPECT HEIGHTS
ONE NOM ELMHURST ROAD
PROSPECT HEIGHTS, IL 60070-1592
(847) 398-6070 FAX: (847) 392-4244
April 28, 1997
Mr. Glen Andler
Director of Public Works
Village of Mount Prospect
100 S. Emerson Street
Mount Prospect, Illinois 60056
Re: Water Supply Agreement
Dear Glen:
The City of Prospect Heights has recently entered into a contract to sell the City Hall
complex located on the northeast comer of Camp McDonald Road. The property is
proposed to be redeveloped as an approximately 15,000 square foot Walgreens,
1 .11
The City's existing agreement with Mount Prospect allows for a water connection at this
location for governmental uses only. The developer has requested the City to investigate
the possibility of connection to the watermain. While they would prefer both domestic
and fire flow, the priority is definitely for fire flow., as opposed to constructing a well,
holding tank, and fire -pump.
Please investigate, with your Board, the possibility of this occurring. I have enclosed a
proposed site plan for your use. Feel free to call me if you have any questions,
0
HAKJmaj*
cc: Kenneth M. bonder - City Administrator
11
Sincerely,
Howard A. Killian, P.E.
Director of Public Works & Engineering
14
CONTRACT FOR SALE OF WATER BY
THE VILLAGE OF MOUNT PROSPECT TO THE
CITY OF PROSPg,,.CT HEIGHTS
This Contract made and entered into this 15th day of .AUgust
1994 by and between the Village of Mount Prospect (hereinafter called "Mount
Prospect"), an Illinois municipal corporation and the City of Prospect Heights
(hereinafter called "Prospect Heights"), an Illinois municipal corporation,
W IT N E S S E T H:
WHEREAS, in order to properly safeguard and promote the health, welfare
and well-being of its governmental properties Prospect Heights desires to
purchase water from Mount Prospect for distribution to its governmental
properties along Camp McDonald Road; and
WHEREAS, Mount Prospect is willing to furnish water to Prospect Heights,
and expects to have available water for the initial ten (1 0) year period of this
Contract as well as the ten (1 0} year option period as set forth in Section 20
hereof.
k , - ;,
WHEREAS, Mount Prospect and Prospect. Heights desire to enter into an
agreement for the sale of water,
NOW, THEREFORE, ir, consideration of t"14a mutual covenants and
agreements he, r%ontained, Moutit, Prospect agrees to furnish and sell, and
Prospect Heights agrees to receive, and pay for, water upon the terms and
conditions, and for the consideration as hereinafter set forth:
1, Quantftv' of Water. During the term of this Contract, Mount Prospect shall
provide and make available to Prospect Heights, for its use at a delivery point as
hereinafter specified, water in the volume required by Prospect Heights or which
the Prospect Heights water system may be capable of taking at a minimum
operating pressure (25 PSI) .of the Mount Prospect water system at point of
delivery.
In the event that it becomes necessary for Mount Prospect to limit its
delivery of water to its customers, Prospect Heights shall be entitled to receive
during such a period of scarcity its pro rata share of water available as determined
by the proportion which the volume of water used by Prospect Heights during the
last preceding twelve(12) month period bears to the volume of water used by the
other customers of Mount Prospect for the same period.
In the event that it becomes necessary for Mount Prospect to limit the use
FR
of water by its water customers, by imposing lawn ands prinkling restrictions, or
otherwise, Prospect Heights shall, upon notification by Mount Prospect, impose
the same water use restrictions and limitations on water customers connected to
its system served by Mount Prospect water, and shall make every reasonable effort
to publicize and shall enforce such limitations and restrictions until notified by
Mount Prospect that said limitations and restrictions may be removed.
kestrk;tions may be imposed by water pressure zones at the discretion of Mount
Prospect
2
2. Quali of 36L;ater. Water to be delivered at the point of delivery by Mount
Prospect and received by Prospect Heights hereunder shall be of the same quality
as that provided to customers within the corporate limits of Mount Prospect from
the Mount Prospect. system. Water quality after the point of delivery is the
responsibility .of Prospect Heights. So long as Mount Prospect meets its
responsibility pursuant to this paragraph, Plaintiff shall make no claims
whatsoever against Mount Prospect for costs or damages caused by any failure
to meet EPA or other regulatory agency water quality or composition standards,
3. PoiI
nt of'Delive!y, The point of delivery of water from the water supply
of Mount Prospect to Prospect Heights shall be at or near the intersection of Camp
McDonald Road and Route 83. The connection point shall be on the south sides
of Camp McDonald west of the intersection of Route 83 to an existing 8" water
main owned and maintained by mount Prospect. Any future point of delivery or
service connection to the water supply system of Mount Prospect, whether the -
connection is in Mount Prospect or Prospect Heights, shall be subject to the
following conditions, to -with:
a. The connection, the location of an*y such connection and the
method of effecting such connection to the Prospect Heights system shall be
subject to the approval of Mount Prospect and the work of effecting any such
I
connection shall not be sfarted until any such approval has been granted in
writing, in a timely fashion, by the Corporate Authorities of Mount Prospect,
3
b. Each connection, •if •permitted, shall beprovided with a water
measuring device meeting Mount Prospect's •specification end
capable of remote
reading along with a water metering pit,
c. to be moarated
h connection shall be provided with'a back water check valve
nted close to the, water measuring device, as approved by Mount
I
Prospect, in such a manner as to prevent the flow of water from Prospect deig hts
to Mount Prospect, In addition, a valve on each I side of the meter shall be
provided,
d. Each water metering device and water metering Pit shall be
situated at the site near the point of delivery or the connection to
th e water s. U`P p ly
Of Mount Prospect,
4. Inst,
allati,on RO,ute,
The installation route, the size of`the Pipng and the
necessity and location of other structures shall 'be as described in Exhibit 111vi'as
attached hereto,
gost of
0; '*WMMW
Prospect Heights shall be responsible for one
hundred Percent C1 o0 of any costs a `..
ssocJated with the construction and
installation of an - .. ...
y Piping orstruicture required to fulfill this Contracts including, but
not limited to, all engineering and legal fees,
6
Plerm,
its, The working engineering drawings for the entire
system shall be suL46,Ated to Mount Pros
pe(;L jor review, modification and
approval. Prospect Heights shall be responsible for cbtaining such other the
4
governmental approvals or permits as are necessary, including but not limited to,
Illinois EPA.
T. Ownersh'"'
ip of Improvements. Any improvements constructed by Prospect
Heights for the water system located within the corporate limits of Mount Prospect
shall be conveyed along with necessary easements by Prospect Heights to Mount
Prospect. The cost and preparation for acquisition of easements shall be the
responsibility of Prospect Heights, but Mount Prospect shall provide such support
I
as may be necessary to legally accomplish such acquisition,
8s Notficaggn_and Cost of Re a*'r. Prospect Heights shall notify Mount
Prospect immediately upon discovery of any break, defect, or other malfunction
in such improvements and shall follow-up notification in'writ.ing within twenty-four
(24) hours. In the event Mount Prospect shall detect such break, defect or other
malfunction in such improvements and shall follow-up notification in writing within
twenty-four (24) hours. In the event Mount Prospect shall detect such break,
I
defect, or malfunction, it shall notify Prospect Heights immediately upon discovery
and shall follow up in writing within twenty-four (24i hours. Prospect Heights shall
h,
use its best efforts to repair such breaks, defects or malfunctions within twelve
(12) hours after initial notification of such break, defect or malfunction and in any
0
event shall make necessary repairs as promptly as is practical. The cost of any
I
repair, including labor and materials to any improvements required on account of
this Contract sig.,;; ije borne by Prospect Heights, whether occurring in Mount
1
5
Prospect or Prospect Heights, ' or whether performed b Mount
Y Prospect or
Prospect Heights.
9. Other n ti ns. No
, connection or extension to serve any property
other than those for governmental u �
use shall be permitted without the joint consent
of Mount Prospect and Prospect Heights,
ights.
10. a Pros '
Prospect Heights agrees to furnish install and
replace as may be necessary, at its own expense, at each point of delive
hereunder to pros pct Heightsthe necessary meter its, valves
-
and meters. All
such equipment she!l be of a
standard type approved by Mount t Prospect and
capable of reading rate anduanti �
q tY, with the capacity o f accepting p g telemete. '
ring
equipment to permit remote reading, ading, formeasuring theuanti
q ty of water delivered
under this contract. Meters will beq
Nested and calibrated annually,
a Prospect Heights s . m
Dail be notified, in - -writing, of
�� such calibration so
that it may be done in thereen
p ce of a representative of Prospect Heights ghts and
so that the parties may "-�
Y any adjustments which are
made to the
instar or meters in case an adjustments J nts .shall be necessary. Maintenance and
testing shall be performed b a •
y contractor or representative from !"fount Prospect
and shall bt-, paid for by Prospect Heights,
rRe, i ec da, o
1, For the purpose of this contract the
�f Iginal record or readings of the meter or iieters shall be i
n the meter journal ! ar
other record book of the Village of Mount Prospc,,I6. Upon request b
q y Prospect
Heights, Mount Prospect shall furnish Prospect Heights with a copy of such
records or permit Prospect Heights to have access thereof during reasonable
business hours,
12. Tesfina fannd'structu'res lusnina. Testin
g of the water mains
%0
and associated equipment and structures shall be done by Mount Prospect at least
once every two years at the""S'ole expense of Prospect Heights. Additionally,
periodic flushing of hydrants may be necessary. All hydrant water use shallgo
through a meter at a connectionpoint and shall be •paid for by Pros ect Heights.
13. it of' M!,pasurem
ftent The unit of measurement for determining
compensation for water delivered hereunder shall be in thousands of gallons and
all measuring devices shall be so calibrated.
14. Pnce and' Tenns. Prospect Heights shall pay Mount Prospect 1.25 times
the Mount Prospect residential water rate for each thousand gallons of water_
delivered
ater-
delivered through the meter
( s at each point of delivery to Prospect Heights,, In
addition, Prospect Heights shallpay a capital expenditure surcharge for each
thousand gallons of water delivered through the meter(s) at each point of delivery
to Prospect Heights equal to 1.25 times an amount calculated in the following
formula:
Capftlexpenditure Surcharge (Slu, Mharge) for each 1,000 gallons equals Special
Ser vice Ari, No,. 5 property taxet (SSA No.5,T axes) levied, for' -"he previous year
divided by, the total, 1,000 gallon, units, of water billed'(11,000 gallons billed) to, all
Mount Prospectwater customiem for the previous May I through April 30.
Tl -n.& Stircharge for 1993 SSA No. 5 Ta, X LRYY
. , AMMINNIN MM MW , j
May 1, 1994 - April 30, 1995 1,000 Gallons billed May 1, 1193 - April 30, 1994
The Surcharge shall be calculated May I of each year. TheSurcharge so
calculated shall be in effect from May I through April 30 of the neXL year.
7
15. illi Mount Mount Prospect shall bill Prospect Heights for all water furnished
under this agreement bimonthly and payments shall be due and payable by
Prospect Heights to Mount Prospect within thirty (30) days from the date of billing,
9
16. Commencement Lta,bil'ily.Lor ,, Liability for making payments as
above set forth shall commence on the date of the first tender of delivery and
acceptance of water by Prospect Heights after completion of the installation and
testing of the aforesaid water main.
17.CoritinuJht, f Serv*ce, OW
o i Conditions. From the time that water is tendered
for delivery to Prospect Heights at the designated point of delivery, Mount
Prospect shall, subject to the terms and conditions of this Contract, continually
I
hold itself ready, willing and able to supply water to Prospect Heights to the extent
required by this Contract.
18. No al ,*ct U*ab Mount Prospect shall not be liable for damages for
breach of contract or otherwise for failure, suspension,' diminution or other
variation of service occasioned by any cause beyond the control and without the
fault or negligence of Mount Prospect or its operating personnel. such causes
include, but are not restricted to, acts of God or of the public ene 'my, acts of the
11State or Federal government in either its sovereign or contractual capacity; fires,
flood, freezing, epidemics, quarantine restrictions, strikes, or failure or lireakdown
N.
of transmission or other facilities,
f
19. No Resa,le. Prospect Heights agrees not to resell or otherwise provide
any water provided pursuant to the Contractto any other user, withoutprior
written approval of I Mount Prospect, If requested by Mount Prospect, the City of
Prospect Heights will, at its own time and •expense, apply to the appropriate State
agency for permission to conve'y to Mount Prospect a portion of Prospect Height's
Lake Michigan water allocation that is equal to the use, pursuant to this Contract,
20, IeLrmntm
of, act, This Contract shalfcontinue in full force and effect for
a period of ten (10) years from the date hereof. Prospect Heights shall have the
option to extend this Contract for an additional ten (10) year period'. The Contra-bt
may be renewed for any additional term permitted by law upon such terms and
conditions and rate adjustments, if any, which may be then agreed by and between
Prospect Heights and Mount Prospect,
2'1. Mofidifica,11on. Thi
s Contractmay be amended only in writing and with the
consent of the governing bodies of both Mount Prospect and Prospect Heights.
22. Ho1d, -HannJess.pros pect Heights and Mount Prospect mutually agree to
hold and save each other harmless from any and all claims, damages, suits,
causes of action and the like based on the fault or negligence of the other whir%.h
may arise by virtue of this Agreement,
23. MO.Vc . All notices of communicati.ons as provided for herein shall be
in writing and shall be either delivered to Mount Prospect or Prospect Heights, or
*,%--afled-,--shaH be sent
to the office of the :ierk of the respective municipalit)r, or, if d116
9
by registered mail, postage prepaid, to the office of the respective clerk of each
respective municipality.
24.geveMpjlj,�'
.,rab,lU In the event that any part, term or provision or paragraph
of this Contract shall be found to be illegal or in conflict with any law by any court
of proper jurisdiction, the vali-d--ity of the remaining portions of provisions of this
Contract shall not be affected therebyS
IN WITNESS WHEREOF, the parties hereto acting under the authority granted
by their respective governing bodies have caused this Contract to be duly
executed in several counterparts, each of which shall constitute an original, all as
of the date and year first above' written.
Village of Mount Prospect
An Illinois Municipal Corporation
M�, 11-111k
City of Prospect Heights
An 1111nois Municipal Corporation
iR
AMENDMENT TO AGREEMENT
BETWEEN THE VILLAGE OF MOUNT PROSPECT
AND THE CITY OF PROSPECT HEIGHTS
It has been determined by the corporate authorities ofthe V"I'lage of Mount
I
Prospect and the, City of, Prospect Heights that the, best interests of both cam,
would be served by amendin
Y I 9th-e,"Coatract for, Sale of Water by the Vi age
Prospect to the Cit 'of Prospect H'eJqhts*, dated August 15,19941, Of Mountmuni'ties
,
The "Contract for Safe of Water by,the'Vi'll'age., of Mount Prospect to the City of
Prospect He ights", dated Aupst 15, 1994, 11 S, hereby a mended a s foi jows:
Section 9 is hereby amended in its entirety, so that hereafter Section 9 shal be
and read as follows:
"Section 9. Oither, Cqnmmgfi0,n%, Mount ro
and P,roS 1, 11411 11 hbt
ne Amerdal" sialf"Me,
_8 encoArnf. mn
McDonald Road and IL 83 for a 15,120,
=,Meirciaj�.' I Udin, , Plans
4- for
conneation a6d'internalplumbing plans wilif be submitted for review and approvai
to Mount Prospect.
'0 z
0 It
2. Sect'll"on 10 is hereb
,y amended by replacing, first, paragraph in its entirety; �o
that hereaf ter the first Paragraph Of Se(ctlon 10 shall be and read as follows:
3. Section 14 is hereby amended by adding thereto the following; so that hereafter
Section 14 shall include the following",
Forwater used by the Comm, ercial servj"'
Ct- f�OMect ion as desc 'bed in Slectilon 9
of this Agreement, the mlinimum arnount c.h' wr e
,9, d by the CRY'of Prospect Height's
shall be the rate establi ' she d by the Village Of MOV"t Prospect for non-resident
users plus the capital expenditure surcharge as Outlined in thi"IsSection.
4. Section 19 is hereby amended in its entirety; so that hereafter Section 19 shall
be and read as follows-
• 0 a
0 mall
Thie, Village of Mount Prosped andthe Ci'tY'Of PrOspect, Hei hts,,actfng under
9 , I
the authority grantedby their respect' e govoming bodles, have caused this
Amendmentadded to the A.,
eament attached hereto, as Exhibit "A" and ils duly
executed inthe same, manner as the orJoinal Agreerrient� this ay of
VILLAGE OF MOUNT PROSPECT
An Illinois Municipal Corporation
By:
Timothy J. Co r,a,
President Pr
I
CITY OF PROSPECT HEIGHTS
An Illinois Municipal Corporation
By:
Edward P. Rotchford
Am
Clity, lerk
CITY OF PROSPECT HEIGHTS
ONE NORTH ELMHURST ROAD
PROSPECT HEIGHTS, IL 60070-1509
(847) 398-6070 FAX: (847) 392-4244
October 31, 1996
Mr. Glen Andler
Director of Public Works
Village of Mount Prospect
100 S. Emerson Street
Mount Prospect, Illinois 60056
Dear Glen:
I have been in discussions with Ken Bonder and the City Attorney about the jurisdictional
transfers regarding Euclid and Old Willow Road/Seminole Lane. We would like to
propose the following. -
1. The City will disannex the portion of Euclid Avenue right-of-way,
and Mt. Prospect will annex it.
2. The City will assume maintenance and jurisdiction of Old Willow
Road/Seminole Lane upon completion of the reconstruction project.
To avoid having your residents be required to come to Prospect Heights
for right-of-way permits, I would propose the south back of curb line
as the maintenance/jurisdiction limit.
Please look over this with Mike Janonis and let us know your comments or concerns.
Feel free to call me if you have any questions.
Sincerely,
Howard A. Killian, P.E.
Director of Public Works & Engineering
HAIUmaj
cc: Kenneth M. Bonder - City Administrator
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C'
Village of Mount Prospect
Mount Prospect, Illinois
INTEROFFICE MEMORANDUM
TOO DEPUTY CHIEF T. DALEY
FROMM SGT. J. DAHLBERG, #71
DATE: DECEMBER 10, 1998
SUBJECT: CONTEMPLATED JURISDICTIONAL TRANSFER OF
SEMINOLE/WILLOW LANE AND EUCLID AVENUE
The contemplated jurisdictional transfer to Mt. Prospect, of portions of Seminole/Willow
Lane between Mandel and Rte. 45 (N. River Road) and Euclid Avenue between
Wheeling Road and the east end of the Randhurst, from Prospect Heights poses no
extraordinary problems or concerns. It is inevitable that some increase in calls for
service will result; eg: traffic accidents, parking complaints and disabled motorist
assists. However, I foresee several potential benefits of such a transfer.
a reduction in confusion and response delays to incidents (primarily
accidents and in the case of Seminole Lane — parking complaints)., where
juri �Jtrt-lional issues often result in dual police agency response or delayed
response on the affected stretches of roadway, while jurisdictional issues
are sorted out. (This would allow us to improve our response to calls for
service in the affected areas, eliminate confusion on the part of N. W.C.D.S.
patrol personnel and most importantly residents of both communities).
Increased control over parkin9 %W alonct Seminole Lane by Mount Prospect.
An increase in parking ticket revenues would almost certainly result from
overnight parking enforcement along both sides of Seminole Lane,
Lastly, I recommend consulting Doug Edmonds of N.W.C.D.S. to see what impact the
proposed transfer would have on his operations from the perspective of CAD data base
changes. j -if " 4,1
vv�
c: CMDR. Draffone f,,, '`i`� �w..� � -
leo?
Page - 1 -
\\MPPD1\DATA\USER\JDAHLBER\WORD\phboundtrans.doc
9 W#�" �°,
.'e
MAYOR
Gerald L. Farley
TRUSTEES
George A. Clowes
Timothy J. Corcoran
Paul Wm. Hoefert
Richard M. Lohrstorfer
Daniel A. Nocchi
Irvana K. Wilks
VILLAGE MANAGER
Michael E. Janonis
VILLAGE CLERK
Carol A. Fields
V1' I I a g le of M -so& mi, 10,
IPr(
uunl'A mwwospeA�-�&'t�
100 South Emerson Street Mount Prospect, Illinois 60056
August 28, 1997
Mr. Kenneth M. Bonder
City Administrator
City of Prospect Heights
One North Elmhurst Road
Prospect Heights, Illinois 60070
Re: Old Willow Road/Seminole Lane Agreement
Dear Ken:
Phone: (847) 392-6000
Fax: (847) 392-6022
TDD: (847) 392-6064
$I Ah NA, 1W A&
dk
MAL
am sure you can appreciate our concems and our desire to maintain as much control as
I
ible over potentia1traffic flows p
ossi
thlt may arise s a, result of theArena. Ourconcems l
aa
in s regard may be assuaged by thei answers to the questions that we previi1ously
submi"tted to your Traffic Engineer. We co i
traffic study. nfinue to look forward to(rev*Iewing the, revIsed
That, in a nutshell, is where things stand at this point. Please feel free to call me at any
time regarding further discussion of this matter.
MEJ/rcc
C: Public Works Director Glen Andler
I
Community Development Director William Cooney
Assistant Village Manager David Strahl
001
Village of Mount Prospect
Mount Prospect, Illinois
INTEROFFICE MEMORANDUM
TO: VILLAGE MANAGER MICHAEL E. JANONIS
FROM: ASSISTANT VILLAGE MANAGER DAVID STRAHL
DATE: MAY 2011999
SUBJECT: ELECTRICITY DEREGULATION
The Electricity Deregulation Act (Public Act 90-561) authorizes municipalities to impose
Electricity Infrastructure Maintenance Fee (IMF) for the right to use the public right-of-way
(ROM. The Act also allows for the Village to participate in a customer choice lottery,
which would allow the Village to have a choice of electrical service providers after
October 1, 1999 if the Village were successfully chosen through the lottery process. This
memorandum will cover both aspects of electric deregulation for consideration by the
Village Board.
Implementation, of the Infrastructure Fee
The Village currently receives free electrical service from Commonwealth Edison as
compensation for the use of the public right-of-way. With the passage of the Deregulation
Act, the Village has the opportunity to exchange this free service for revenue from ComEd
for the use of the public right-of-way. However, the regulations limit the imposition of the
IMF to no more than the dollar value of the free service, which the Village currently
receives. If the Village chose to implement the IMF, the revenue generated would be
passed on to ComEd customers within the Village under a Rider 16 charge, which already
appears on the customer bills.
The Northwest Municipal Conference contracted with the law firm of Mayer, Brown and
Platt to review the Deregulation Act and review the current value of free electrical service
provided to member communities in order to make a recommendation for consideration
of the IMF within each municipality. The analysis revealed that the Village received
62,073,743 kilowatt hours of free municipal electrical service during calendar 1997 (base
year required under the Act), which is valued at approximately $406,107. Pursuant to
Rider 16, ComEd has passed along approximately $350,554 of the value of the free
service to the residential and non-residential customers within the community.
ELECTRICITY DEREGULATION
May 20, 1999
Page 2
Therefore, if the Village were to convert to an IMF and terminate the provision in the
Franchise Agreement providing free municipal electrical service, the residential and non-
residential customers in the municipality will experience an aggregate rate increase of
approximately $55,553, or approximately 2.39% increase in their electric bills.
The value of the IMF has been projected to range between 6% and 10% of the current
value of the free service provided to the Village during the next several years. The dollar
value of this range is approximately $24,366 to approximately $40,600 based on the value
of the electrical service provided to the Village. Keep in mind, the free electrical service
that is mentioned here is the electricity provided to the Village for Village building operation
purposes only. The Village must still pay for electricity to operate street lights and the
water system since ComEd considers the water system a for-profit operation. The
conversion to an IMF could be considered an alternative municipal utility tax based on
kilowatt usage which would expand as usage levels increase, while the free service that
is provided to the Village is fairly steady and would not fluctuate greatly over time. The
value to the municipality would be the opportunity to receive additional revenue if the value
of the IMF were higher than the value of the free service received by the municipality.
The analysis by Mayer, Brown and Platt revealed that nine communities which are
members of the Conference (NWMC) should convert to the IMF. Mount Prospect was not
one of those nine.
Recommendation
Since the conversion to the IMF for electrical service would cause residential electric bills
to increase approximately 2.39%, the Village should refrain from passing this charge on
to residential customers at this time. As you may recall in August of 1998, residential
customer bills were reduced by 15% as required by the Deregulation Act. In October of
1999, certain businesses will be able to shop for electrical service on the open market. By
December 31, 2000, all business customers will obtain open access to the general
electricity market. Residential customers will obtain the same open access effective May
1, 2002.
The Village Board previously authorized staff to convert its Electric Utility Tax of 3.3% to
an alternative rate structure based on kilowatt hours of electricity consumed. This
authorization wasgiven to staff at a Committee of the Whole meeting on May 26, 1998.
As stated at that time, the conversion of the Utility Tax to an alternative rate structure is
the first step in the deregulation process because of the reduction in residential bills to
maintain the same revenue flow as before the conversion. A copy of that outline is
included for information purposes.
ELECTRICITY DEREGULATION
May 20, '1999
Page 3
Non-residential customers may submit a request to ComEd to be considered for a
customer service choice lottery. All lottery requests must be received by June 15, 1999
in order to participate in the lottery scheduled for October 1999. Businesses, or in this
case a municipality such as Mount Prospect, who is successfully chosen in the lottery will
have the opportunity to consider an alternative electrical supply provider which would
hopefully reduce the cost of electrical service. NWMC has also researched this component
of the Electric Deregulation Act and has recommended that members enter the lottery as
an opportunity to at least reserve the right to choose who the electrical service provider
could be. All business customers will have the opportunity to have open access to
alternative electrical service providers by December 31, 2000, however, if Mount Prospect
is one of the early participants, the Village would have some history that could be shared
with other communities at the time the open market provision is fully implemented.
If Mount Prospect is chosen in the lottery, staff would return to the Village Board with a
choice of alternative electrical supply providers for discussion and possible approval. The
Village is not required to switch electrical supply providers if it is chosen in the lottery.
However, it is conceivable that ComEd would offer lower electrical rates to the Village in
order to keep the Village as a customer. The Village could experience a savings in
electricity used for Village street lights and water service operations, thereby reducing
expenses. Obviously, whoever provided the electrical service to the Village would utilize
ComEd transmission lines and the Village would have new meters which would be read
and billed by a new provider.
Recommendation
It is recommended that the Village enter the free choice lottery by June 15, 1999 to
preserve the option of considering a change in electrical service providers.
If you have any other questions, please contact me.
DAVID STRAHL
DS/rcc
HAGEWCOMEMElectric Degregulation Memo.doc
MAYER, BROWN &PLATT
190 SOUTH LA SALLE STREET
CHICAGO, ILLINOIS 60603-3441
April 19, 1999
Mr. Michdel E. Janonis, Manager
Village of Mount Prospect
100 South Emerson Street
Mount Prospect, EL 60056
Re oJem
Efeet ncittv
g,.regM1,at*on-4'n,i,, entatl'on of Infrastructure Maintenance Fee
Dear Mr. Janonis:
Public Act 90-561, commonly known as the Electricity Deregulation Act (the "Act"),
authorizes cities and villages in Illinois to impose an electricity infrastructure maintenance fee
("IMF") for the right to use the public way. As you know, we have been retained by the suburban
councils of government (under the auspices of the Northwest Municipal Conference, the Lake
County Municipal League, the West Central Municipal Conference, the Will County Governmental
League, the DuPage Mayors and Managers Association, the South Suburban Mayors and Managers
Association and the Dane Valley Council) to help evaluate the various options available under
the Act to the municipalities located in the service territory of Commonwealth Edison ("ComlEd").
This letter is designed to provide you with a status report on this project and its implications for your
municipality.
First, a few basic facts. If imposed, the RvIF:
would be in lieu of the free service you are now receiving from ComEd. (and for
which ComEd customers in -your municipality are assessed the "Rider 16 Charges"
described below);
could not exceed the dollar value of the free service you currently receive;
,so, would be 'imposed on ComEd but would be collected by ConiEd from customers in
your municipality as a separately stated charge on customer bills (similar to the
separately stated Rider 16 Charges now appearing on customers bills);
would be imposed on a "declining block," per kilowatt hour basis similar to the new,
kilowatt -based municipal utility tax also authorized by the Act [and that you recently
adopted]; and
51133722.142399 16130 42001902
#i
MAYER, BROWN 8c PLATI
Mr. Michael E. Janonis
April 19, 1999
Page 2
can be imposed on residential customers at any time but cannot be imposed on non-
residential customers until October 1, 1999 (see additional comments below).
Another important provision of the Act provides for the ability of all Edison customers,
including municipal customers, to purchase power from third -party alternative energy suppliers.
You will be able to exercise this option beginning in either October, 1999 or December, 2000,
depending upon the results of a lottery to be conducted by Edison in accordance with the provisions
of the Act and rules to be established by the Illinois Commerce Commission.
We have reviewed and analyzed data provided to us by ComEd, including: (i) the value ol
free service you receive; (ii) the IMF that you would be permitted to impose under the Act; and (iii
the amount that ComEd includes on customer bills to recover the cost of this free service (so-calle
"Rider 16 Charges"), as well as expected reductions to these Rider 16 Charges based on the rat
reductions mandated by the Act. According to this data: I
You received 62,073,743 kilowatt hours of free mum*cipal electric service during
calendar year 1997 (the most recent year for which data is readily available and able
to be analyzed), valued at approximately $406,107; and,
IONIC Pursuant to Rider 16, ComEd passed aa$
pproximately 350,554 of the value
long of
Us free service to the residential and non-residential customers located within your
municipality.
Therefore, if you were to convert to an IMF and terminate the provision of your franchise
requiinng Com ,EJ, to, providelree municipal electric service., residential and icon-residentlal
0*13, tely,
0 wo
Wila, 1, 'c . - %VF. = 5
custointell,"rs: *nthe munici`p 1�ty. ek 'y "g;z), 0,�
pe"nerf Y'arevate rate*, rimas,4% o app
(or an effective rate increase of 2.3 9%).
Please bear in mind that we are still reviewingwith ComEd various aspects of the data
provided to confirm its accuracy. However, if this data is essentially correct, there would appear
to be no immediate benefit either to you or to ComEd customers in your muni*cipality from a
conversion and our "bottom line" advice to you would be to make no changes in your current
0
arrangements for free service.
Of course, the results of this "cost -benefit" analysis may change in the future --if and when
you choose to purchase electricity from an alternative supplier. In this regard, please keep the
following in mind:
5 1133722.142399 16130 42001902
W
MAYER, BROWN 8c PLATT
Mr. Michael E. Janonis
April 19, 1999
Page 3
If you convert at the time that you purchase electricity from a third -party supplier,
you should realize "municipal budget savings," in that your cost to purchase
electricity will be less than the amount of the IMF that you are authorized to collect.
This benefit --likely to range between 6% and 10% of the current value of your free
service during the next several vears--will need to balanced against any effective rate
W
increase expected to be experienced by ComEd customers in your municipality (as
described above).
We recognize that this is a highly technical issue with a number of potential complications
and potential effects that could vary to municipality from municipality. We plan to continuing
working with ComEd and with the executive directors of the suburban councils of government and
would expect to provide you with another status report prior to October, 1999 --when purchase of
electricity from alternate suppliers is initially implemented. If you wish to discuss any issues in
advance of this meeting/conference call, please call Brian Hynes at (312) 701-8469.
Sincerely,
EDWARD C. BODMEER
(Economic Consultant)
FA't
40JAINIZIF
cc: David Bennett,, Executive Director
Northwest Municipal Conference
Christine D. Wilson, Executive Director
Lake County Municipal League
51133722.142399 16130 42001902
*I'
MAYER, BROWN & PLATI
Mr. Michael E. Janonis
April 19, 1999
Page 4
Mr. Robert Leahy, Executive Director
West Central Municipal Conference
Mr. Alan Anderson, Executive Director
Will County Govemmental League
Ms. Lynn Montei, Executive Director
DuPage Mayors & Managers Conferencl
Ms. Carol Thompson, Executive Director
DuKane Valley Council
51133722.142399 16130 42001902
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In 1997, the Illinois General Assembly passed Public Act 90-561 (Electric Service Customer Choice
and Rate Relief Law of 1997). This law effectively provides for the deregulation of the electric utility
industry in Illinois. As a result of this legislation, municipalities throughout the State are having to
make adjustments to locally adopted Utility Taxes and in the future will have to make decisions
regarding modifications to existing Franchise Agreements.
The first phase of deregulation begins on August 1, 1998. As of that date, residential customers of
electricity will see their rates reduced by 15%. In October 1999, certain businesses will be able to
"shop" for electricity. By December 31, 2000, all business consumers will obtain access to the open
market. Residential consumers will obtain this same access on May 1, 2002.
The Village currently has an Electric Utility Tax of 3.3%. This tax applies to the gross receipts of
companies engaged in the business of distributing, supplying, furnishing or selling electricity. Given
that electricity rates will decrease by 15% on August 1, 1998, the Village's electric Utility Tax
revenues would also decrease by that percentage in the absence of mitigating steps.
Recognizing the significant impact which the drop in electric rates would have upon municipal Utility
Tax revenues, Public Act 90-561 also enables a municipality to convert its electric utility rate structure
based on gross receipts to a structure linked to kilowatt hours consumed. Such a conversion can
take place as early as August 1, 1998, but no later than August 1, 1999.
Village staff, with the assistance of the Northwest Municipal Conference, have been working to
develop an alternative rate structure based on kilowatt hours of electric consumed. Earlier this month,
the Village Board passed a Resolution notifying the Illinois Commerce Commission that we would be
filing a Petition for Approval of an Alternate Rate Structure. At this time, Village staff is prepared to
bring forward a recommended rate structure for consideration by the Village Board. Two options are
provided for, both of which create a revenue neutral environment within Mount Prospect. By revenue
neutral, it is meant that both residential and business consumers of electricity should not see any
material change in the local Tax burden imposed on their electric utility bills.
The attached memorandum from Finance Director Brian Caputo explains the process in arriving at
the alternate rate structures and recommends adoption of the "Commonwealth Edison Model"
Option A. This rate structure would provide a potential economic development incentive for extremely
large electrical users (we currently have no such businesses operating in town).
Mr. Caputo will be present to answer questions and facilitate discussion.
VII. MANAGER'S REPORT
V111. � ANY OTHER BUSINESS,
Ix. ADJOURNMENT
CLOSED SESSION
Property Acquisition 5 ILLS 120/2 (c) (5) - "The purchase or lease of real property for the use of
the public body, including meetings held for the purpose of discussing whether a particular parcel
should be acquired."
Personnel 5 ILLS 1202/2 (c) (1) - "The appointment, employment, compensation, discipline,
performance, or dismissal of specific employees of the public body, including hearing testimony on
a complaint lodged against an employee to determine its validity."
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changes in the energy industry mean anyone can save you a few of these...
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hen it comes to choosing an energy
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Even more importantly, our team has experience
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As part of Unicom Energy's total support
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Account Information Release Authorization
Dear Customer/ Authorized Agent:
In order to provide enhanced services that continue to meet the changing needs of our customers,
Commonwealth Edison Company has instituted a procedure regarding the release of customer's billing
and usage data. This document will authorize ComEd to release information regarding your electric
account.
Complete this form and return the original document to the address below. All forms must be
completed in its entirety. All the completed requests will be delivered to the customer's mailing
address. If the data is to be delivered to an address other than the customer's mailing address a written
authorization from the customer must be attached (see Sample Request Letter).
Customer Name:
*Account #:
Service Address:
City6& Zip:
Telephone:
E-mail (optional):
Type of Data requested* Summary Interval
Contact Name: Title.
Contact Telephone.
Complete the section below only if data is to delivered to address other than the mailing address on record.
*For multiple accounts please list all the account numbers on a separate sheet and attach with this form. The
Data will be provided for up to 12 months, current month and 11 preceding months.
Mailing Name: Unicom Energy Inc.
Address: 2315 Enterprise Dr.
City: Westchester State: 11 Zip: 60154
Telephone: 708.236.7935
Signature:
Date:
Data Request Team
1919 Swift Drive
First Floor, Room # 160
Oak Brook, 11L 60521
Telephone :312-394-3698
MW
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At OW
Energy
.... . ......... .
if your company becomes, eligibleunderthe'Pu blit Utilities Act ('"Act"') to purchase electn,"c energy and,
Energy ("'Um"com"' IS
ty f 1 1 ) " certi ed, as an
capact "roma an alternative retail elcan*c supplier, and, Unlicom, Ene,
altemative retail electric supplier ("ARES"') under the Act you,, agree that Unicom, shall provide electric
energy and capacity to your company, on ten-ris to be negotiated, provided that;
(i) Either (a) another supplier makes a.,hoalLde, o5dr to,,supply electric energy and capacity to your
company, and Unicom is able to match the bqna,,.,fid,.q*rfe 4 r made by the other, supplier",,-,-, or, (b)
Unicom is able to provide your company a mi*nm*muxn, savirtgs, of 100K off Your� Current Total
Annual Electric Bill ("YTAEB"). For purposes of this paragraph, YTAEB is defined as the total
dollar amount paid by your company to the existing supplier of your electric energy and capacity
for electric energy and capacity during the calendar year 1998;
Unicom receives verification that the your company is eligible to purchase electricity from
Unicorn;
(iii) Unicom is certified to serve you under the Act;
(iv) 'You, verify that your company consumes more than 15,00OU'lowatt-hours of electricity annually
*thin the service area of your exLisfing, supplier of electric energy and capacity- and
W Your creditworthiness and economic desirability are confirmed by Unicorn.
This Agreement shall be governed by, construed, & enforced in accordance with the laws of the State of
Illinois, without regard to conflict of law principles. This Agreement may be assigned at any time by
Unicom only.
Number of accounts covered by this Agreement: (Additional account information is
attached hereto and incorporated by reference)
ComEd Acct. No.
Customer Name:
Service Address;
City: State., Zip:
Customer Signature:
a
Signed Date:
SA Code.-
Meter No.
Phone: 'Fax:
Mailing Address:
CRY.
State: Zip:
Printed NamefFitle:
Commonwealth Edison Company
One First National Plaza
P.O. Box 767
Chicago, IL 6069M767
Village of Mount
100 S Emerson St
Mt Prospect, IL 60056-3220
Dear Com Ed Customer. -
Perhaps you're already aware that electric utilities are being restructured to compete in free
marketplaces all over the country. In October of 1999, many businesses in northern Illinois
Will be able to choose their electricity supplier. Before the end of the year 2000, all business
customers will be offered a choice.
That's why we've created this report called Choice in the Electric Utility Industry—to bring you
up to date on the changes being made that could affect the way you buy electricity. Providing
you with accurate and timely information is the best way we know to give your business every
opportunity to benefit from the changes ahead.
This report is just the first in a series of communications about choice in the electric utility
industry you'll be receiving from us. As important dates approach, you can count on us to
make sure you'll have the information you need.
Sincerely,
Laura Jean Hughes
Director, Business Services
A Unicom. Company
THE'EL,ECT'RIC 'U""TILI'TY INDUSTRY
1p MR so •. a
Table of Content,
The Introduction Of Customer Choice For Electric Service In Illinois. . . I. I. IN, IN If * 40 # * N, * 4 1
I. Overview
e House Bill 362 Gives Electric Service Customers Choicef 4 16 4 0 IN 0 A, 4, 1
e Reasons For Choice In Illinois . 6 4 IN # # * 0 IN * * *' * * $ '* It t * -2
* The Illinois Commerce Commission (ICC Plays A Major Role IN a a a 0 .. N, 0, ,, # * 01 * * * *z
• Phased -in Competition Will Help Ensure Reliability NO * * # .. 0 * # * VO N 4 4 'k A I., ", 2
Competitors Are Called Alternative Retail Electric Suppliers (ARES). . . 14, * * * IN, *' 2
fl. Ensuring Reliable Service
Provisions Will Ensure System Reliability ...... 066*911 stew be*****
Ill. How Choice Works
Many Businesses Will Be Eligible For Choice In October 1W9 IN 'IN 4
IV, Energy Costs
e ComEd Will Deliver Your Electricity I. + 0 0 *1 * 10 0 #1 * #I * * #` 10, 11 * 1* * IN 0 # 4 * W" 0 * * 4 5
& The Competitive Transition Charge (CTC) ...................... IN * N� 5
# The Introduction Of Real -Time Pricing/Hourly Energy Pricing (BEEP) 5
V. Customer Service Answers
9 Helping Customers Prepare For Choice ......... 6
o Rules Governing The Switching Of Energy Providers # 6
Other Protections In The Act ....................... 6
Customer Service IN 4 * Is A 10, 10 * V I# * * * * 4 * 0, * * * 0 1 '11 4, q4' 4 111 IN IN 6-7
How ComEd Supports Competition... 011 * ON **7
• How ComEd Benefits From Competition ........... a #4 ik * 7
V1. Glossary Of Terms
The Introduction Of Customer Choice For Electric Service In Illinois
At the end of 1997, the Illinois General Assembly passed a law that will open the supply of electricity
in Illinois to competition. Very soon, you will be able to choose your electricity provider. Even if
you choose another company to provide your electricity, ComEd will continue to provide delivery
services for your electricity.
The introduction of competition generally results in more innovation, better prices and improved
customer service. You can count on us to provide you with information about the changes to your
electric service. This is the first in a series of reports in which ComEd will help to inform you about
the choices you will have and what they mean to your business.
A Timeline Of Events Associated With Choice
Yed r, Date Event
December ....... House Bill 362 signed into law
August 1 15% rate decrease for residential customers began
October I Real Time Pricing available for business customers
March Open Access plans and Delivery Services tariffs for business
customers to be filed
October 1 0 w Choice opens to large business customers over 4MW and tt.,
approximately one-third of business customers smaller than 4MW
. . . . . . . December 31 .... Choice opens to all remaininR business customers
May I Additional 5% residential rate decrease begins and choice opeun N
ns
to all residential customers
.. .. .. ....... ...... . . . . . . . . ........................
December 31 End of Competitive Transition Charges unless a two year extension
is granted by the Illinois Commerce Commission
"Competitive forces are affecting the market for electricity as a result of recent federal regulatory
and statutory changes and the activities of other states. Competition in the electric services
market may create opportunities for new products and services for customers and lower costs
for users of electricity. Long standing regulatory relationships need to be altered to accommodate
the competition that could fundamentally alter the structure of the electric services market.
(Electric Service Customer Choice Law of 1997, P. 2 LL. 108-116)
"With the advent of increasing competition in this industry, the State has a continued interest
in assuring that the safety, reliability, and affordability of electrical ower is not sacrificed to
competitive pressures, and to that end, intends to implement safeguards to assure that the
industry continues to operate the electrical system in a manner that will serve thepublic's
interest." (Electric Service Customer Choice Law of 1997, P. 3 LL. 118-124)
House Bill 362 Gives Electric Service Customers Choice
The bill giving customers choice of electricity suppliers in Illinois (HB 362) was signed into law
at the end of 1997. The Law effectively opens up a portion of a previously regulated industry to
competition. The Delivery Services Tariff will allow you to use ComEd wires and cables to receive
energy from the supplier of your choice. The Law also sets standards for competitive energy
suppliers, determines the timing for a phased -in approach to competition, and charges various
groups with overseeing the process. The Law is intended to assure a safe and reliable transition
to competition.
Reasons For Choice In Illinois
As Illinois grows and
prospers, businesse'S, and citizens are using more energy
than ever before.
A broad, regional,, competitive powermarke*t will be neededto serve, dilisload, relt'ably. Compe"Won
U
has litstonically resulted lin, lower prices, better services, and more innovation, and ,no ,111inois rmd,,s
itself on the cutting edge of a, nationa], trend. 'Very soon our, busin rs like -you will star, , to
1111 , ess CUSAOM e t
realize the benefit of competition. When other industfies like airlines banking and telecomm
In
cations became co pet those industries reafized, lower roc s, and new- product innovations.
If you recall, Phone lilles became smarter, banking became more convenient and many airline
rates became more competitive.
The Illinois Commerce Commission (IM), Plays A Major Role
The Illmois Commerce Commission (ICC) is tile state, 10,
S, public utility comrWssion, acting M' the public,
interest to oversee regulated operations and services, of electric, gas, telephone, water; and sewer
utilities. The ICC's involvement with electric industry restructuring in northem Illinois wM include,
but is not limited to:
e Consumer protection
e Oversight of an impartial lottery
e Certification of competitive electricity providers
# Prevention of illegal marketing practices
Phased -in Competition Will Help Ensure Reliability
Our transition to competition is being conducted in phases. 1hisprocess should make certain that our
customers continue to receive safe and reliable service. New operating procedures and processes will
require both improvements to existing transmission and distribution facilities and the development of
new information systems to track and bill the increase in transactions that competition will, bAng.
Phased. -4n, competition i's one of many measures being adopted to ensure successful transition to
a competitive marketplace.
Competitors Are Called Alternative Retail Electric Suppliers (ARES)
As defined in the Law, an Alternative Retail Electric Supplier (ARES) *includes any person or company
od'ier than an Illinois electric utility" that sells electricity,to one ormore retail ellectri I C customers, "in
0, 11 Wk 10
lifinoi,s.,jkRES 'include independent power, producers, power niarkleters/brokers, other, utili"fies,
munici * pallties, cooperatives, and other, entities thatprovide or deliver electricpower, or energy,
to end-users.
To become an ARES in Illinois, an •electricity provider must first apply to and be certified
by the Illinois Commerce Commission (ICC).
The certification process for ARES, currently under development, will make certain that
energy suppliers can demonstrate technical, financial, and managerial competencies to
provide electric retail services.
RePort Ott Choice In The Electric rituitv rndtjstry 2
If. Ensuring Reliable Service
"(a) To assure the reliable delivery of electricity to all customers in this State and the effective
implementation of the protons of this Article, the Commission shall... adopt rules and regulations
for assessing and assuring the reliability of the transmission and distribution systems and
facilities that are under the Commission -s jurisdiction. 11
"'(b) nese rules and regulations shall require each electricity utility or alternative retail electric
supplier owning, controlling, or operating transmission and distribution facilities and equipment
subject to the Commission's jugdiction, referred to in this section as Yurxsdictional entities;
to adopt and implement Procedures for restoring transmission and distribution services to
customers after transmission or distribution outages on a nondiscriminatory basis without
regard to whether a customer has chosen the electric utility, an affiliate of the electric utility,
or another entity as its provider of electric power and energy. " (Electric Service Customer
Choice Law of 1997, p. 75 LL. 2755-2773)
Provisions Will Ensure System Reliability
The Law has many provisions to ensure the integrity of the electric system. One way the system is
protected is through a phased -in transition to full competition, which begins in October, 1999 and
ends with choice for all customers in 2002. During this period, Con Ed and other Illinois utilities
will work with regulators and other officials to monitor and ensure that customers can continue to
receive reliable service.
The wires and cables that are needed to deliver safe, reliable electricity to homes and businesses will
still be maintained by ComEd. However, an Independent System Operator (ISO) will be formed to
assist in managing the flow of electricity over the transmission and distribution system. Transmission
system operators may join the ISO. ComEd expects its membership in the Midwest ISO will enhance
reliability and increase efficiencies. The Midwest ISO is currently expected to include 12 operators
covering 13 states and 204,000 n-ffles.
The Midwest ISO will be responsible for assuring the required moment -to -moment balancing of supply
and demand on the transmission grid, managing short-term power flows, and otherwise acting to
maintain the reliability and smooth operation of the transmission network. ComEd will take direction
on the operation of the transmission system in northern Illinois from the ISO, whose sole purpose is
to monitor interstate wholesale electricity transactions across the region. As more states restructure
their electric utilities, more energy sales will occur over longer distances, thus increasing the need
for independent oversight.
Participation in the ISO will widen the available market for wholesale power sales by ComEd and
other participating utilities. By placing a large region of the country under a single transmission
tariff, transactions will become more competitively priced. The Midwest ISO elU*=' ates multiple
fees which can be applied to electricity transactions that pass through different service territories,
thus making power more competitively priced for customers.
Report On Cbcdce In The Electric Utility Industry 3
I ift"r$11M. =I
R
Many Businesses Will Be Eligible For Choice In October 1999
The Law allows for many large business customers and approximately one third of other business
customers, randomly selected by lottery, to choose their electricity provider in October of 1999.
All remaining business customers will have choice in December 2000.
Amroup of Illinois electric utilities, including CornEd, filed a petition with the Illinois
Commerce Commission seeking approval ofguideUnesfor conducting the lottery: the process
that will determine which business customers are eligiblefor competition in thePbase-in
period, Their goal — ensure a fair and impartial approach as required by the Law to
select business customers eligiblefor compeon during the phase-in period WIjen the
Illinois Commerce Commission makes itsfinal ruling within the next month or two, we
willprovide you with the details your business needs to be able to participate in the lottery.
We've included some excerptsfrom the Law regarding the lottery to provide you with an
understanding of wbatfactors will impact the Commission'sfinal ruling.
e
Ru - ag55 st,omers 0Y__r 4 Meg, watt
"'(1) On or before October 1, 1999, the electric utility shall offer delivery sen4ces (0 to any'non-
residential retail customer whose average monthly maximum electrical demand on the electric
utility)s system during the 6 months with the customer's highest monthly maximum demands
in the 12 months endingjune 30, 1999 equals or exceeds 4 megawatts. " (Electric Service
Customer Choice Law of 1997, P. 12 LL. 459-465)
9.5 M
""00 to any non -govern mental, non-residential, commercial retail customerS under common
ownership doing business at 10 or more separate locations within the electric utty's service area,
if the aggregate coincident average monthly maximum electrical demand of all such locations
during the 6 months with the customers highest monthly maximum electrical demands during
the 12 months endingjune 30, 1999 equais or exceeds 9.5 megawatts., provided, bowever, that
an electric utility -s obligation to offer delivery services under this class (ii) shall not exceed 3.5 o
of the maximum electric demand on the electric utility"s system in the 12 months ending
June 30, 1999. "' (Electric Service Customer Choice Law of 1997, p. 12 LL. 465-477)
"7'he loads and kilowatt-hour sales usedforpurposes of this subsection shall be tbosefor the
12 months endingjune 30, 1999for non-residential retail customers. 7be electric utility shall
identify those customers to be offered delivery servicepursuant to clause (1) 01i) pursuant to a
lottery or other random nondiscriminatory selection pmcess setforth in the electric utility's delivery
services implementation plan pursuant to Section 16-105. Provided, that non-residential retail
customers under common ownership at separate locations within the electric utility's service area
may elect, prior to the date the electric utility conducts the lottery or other random selection
processfor thepurposes of clause (1) (W), to designate themselves as a common ownership group,
to be excludedfrom such lottery and to insteadparticiPate in a separate lotteryfor such common
ownership group pursuant to which delivery services will be offered to non-residential retail
customers comprising 3396' of the total kilowatt-hour sales to the common ownership group on or
before October 1, 1999. Forpurposes of this subsecti6n (a), an electric utty may define 'common
ownersbip'to exclude sites which are not wrt o the same business, provided, that auxiliary
A �f
establishments as defined in the Standard Industrial Classification Manualpublished by the
United States Office of Management and -Budget shall not be excluded, " (Electric Service
Customer Choice Law of 1997, p. 13 LL. 501-528)
Ge era_' ottery
"(w) to non-residential retail customers whose annual electric energy use comprises .33910 of
the kilowatt-hour sales, excluding the kilowatt-hour sales to customers described in clauses 0)
and 00, to each non-residential retail customer class of the electric utility. " (Electric Service
Customer Choice Law of 1997, P.P. 13-14 LL. 519-528)
Repory On Choice in The Elevric Utility lneh'V7
IV Energy Costs
ComEd Will Deliver Your Electricity
`"Unbundled service' means a component or constituent part of a tariffed service which the
electric utility subsequently offers separately to its customers. " (Electric Service Customer
Choice Law of 1997, p. 10 LL. 387-389)
Today, electric service can be divided into various parts: supply (generation) and delivery services
(transmission and distribution). These components are not specifically itemized on your electric bill
at this time, but they are folded into the rates you pay.
For most business customers greater than 10 kilowatts (kW), the two major line item charges currently
on your electric bill are demand and energy usage. Demand is the power required to turn on and
operate your equipment. In determining your business' demand charge, CornEd measures the highest
average power (kW) required during any 30 minutes within a monthly billing cycle. Different from
demand, your energy charge is based on the total amount of electricity used (kWh) by your business
during each business cycle.
It allows participants in this option to experience the economic benefits and/or risks associated
with day ahead, hourly energy pricing. Your business may pay more or less than your otherwise
applicable rate depending on your ability and consistency in shifting electricity consumption.
Real-time or hourly energy pricing may benefit customers who have the capability and willingnes.-s'
to shift, reschedule, increase or curtail electricity consumption for the next day, based on a schedule
of hourly prices transmitted via the World Wide Web by 4:00 p.m. the previous day.
Repon On C.boice In 7he Elecoic Utility Industry 5
V. Customer Service Answers
Helping Customers Prepare For Choice
C re;ali
izes competition will create a new electricity market in which it may be, difficult to readily
evalu.-Ite drie Choices that will become availa,ble,, Tli,ere is a large amount of infortnation on the
cl'i,.ati,gs con.1,,peon ,t't,0 w1fl bring and there are details that have not yet been finalized. You can
111 11
count on us to continually provide your business with information regarding the latest developments.
There are also provisions in the Law to provide you with sufficient and reliable information. This
will enable you to compare and make informed selections of products and servicesprovided as
a result of competition in the electric utility industry. The Law also calls for ways toprotect your
business from marketing practices, that are, unfair or abusive.,
You can contact the ICC at:
www. icc -state, 11.us
Illinois Commerce Commission
527 E. Capitol Avenue
P.O. Box 19280
Springfield, IL 62794-9280
Springfield telephone: (217) 782-7295
Chicago telephone: (312) 814-2850
Rules Governing The Switching Of Energy Providers
A customer may change providers at any time, subject to the applicable tariffs or contract terms and
conditions. An electric utility or ARES may establish a term of service, notice period for terminating
services and provisions governing early termination through a tariff or contract. Any notice provisions
or provision for a fee, charge or penalty with early termination of a contract shall be clearly disclosed
in,, any tar,iffor contract. 'You will ren -tam" responsible for any unpaid,, ch-,ar9gC,s owed to an electric
utility or ARES at, the time You, switcli to another provider. The, cbaanges, made will occur beg
with the next meter reading'. inning
Other Protections In The Act
Aizailn,st FraLud An, I
41 Ramming
During the drafting of the Law, legislators took unprecedented steps to prevent Misleading market-
ing practices, redlining and slamming. The Illinois State Attorney General's office will have broad
powers to protect customers against fraud. To this end, the Law sets aside funding for customer
education programs, including utility bill inserts to ensure customers understand all of the options.
F idi 'o 'n � v i �ro n�m e �nt a !P, 'O, t �c � ft
—rovio ing-E, �,rE�,
The new Law provides $100 million. over 10 years for the developinent of clean coal technotogles
0 1 10 years for energy •efficiiency
and renewable energy resources. It also provides $30 million, over
projects, primarily for residential and business customers.
Customer Service
Whenever you have aprob,lem regarding delivery services, you can continue to count on Co .Ed
to help you. Because Con . remains, responsible for its transmission and distribution system, all
customers can rest assured that any difficulties that have to do with our system, like power out-
ages caused by downed lines or storm damage, will be handled quickly and efficiently. This is
without regard to whether you have chosen ComEd, an affiliate of ours, or another entity asy our
provider of electricity.
Refx)rt On Gboice In ne Electric Utility [t1cJr1.qry 6
If you switch providers, any problems you might have that aren't directly associated with CornEd's
transmission and distribution system, but are concerning the supply of electricity will be the
responsibility of the company providing your electricity.
How ComEd Supports Competition
In June, ComEd took a step toward encouraging competition by publishing a list of potential
generation sites with easy access to the transmission grid. We published the list to help competitors
identify optimum locations for new generating stations, New generation will be necessary to meet
the increasing demand for electricity in our area and is necessary for competition to be a success.
We also made another move to increase competition last July by announcing our intention to sell
our coal-fired generation. The expectation is that competitive generation companies will see
Illinois as a high -potential growth area. Our coal-fired units can provide a platform for a vibrant
generation marketplace.
How CornEd Benefits From Competition
Competition Is designed to provide fair opportunities to everyone. By striking a negotiated balance
between customers, regulators, utilities and other interests, the Law provides market certainty.
While it allows other companies into our service territory to compete for our customers, it also
allows our parent company, Unicom, to compete in other markets for other utilities, customers.
What's more, ComEd and our parent company, Unicom, are w to offer customers far
more than just electric service.
By making the transon to compeon, many new business opportunities will emerge. ComEd
and Unicom have the opportunity to grow from a northern Illinois utility into a multi -faceted
energy services company, providing a myriad of energy products and services to customers all
over the country.
J , 7
Ref,mil Ofl h
COiCe h, beEecltic UtditY IM111,strY
V1. Glossary Of Terms
Alternative Retail Electric Supplier (ARES)
Any person or company other than an Illinois electric utility who offers electricity to one or more
retail electric customers in Illinois. All ARES must be certified by the ICC.
Competitive Transition Charges (CTC )
While regulated, Illinois utilities were required to build plants and equipment of sufficient size and
capacity to serve all of the retail cusitomers in their territory, The ICC, in turn, allowed the utility
to recover ,the cost, of t' assets through,,regulated rates, for electric se ice. As the electricity
business, moves from regulation, to competitio'n, , customers may swikch energy -suppliers. When, they,
d,o, sol the transition cliarge compensates the utility of soine, but not all, of the cost 1thi'storicalty
incurred for the benefit of customers taking dell I very servi , ces. The Transition Charge is calculated
by subtracting the, mitigation factor, the defiveservices tariff charge, and the market value of
power and energy from the tariff revenue that the utility would have received from the customer
had it remained a full tariff customer of the utility.
Delivery Services
The transmission and distribution services provided by a utility that enables a retail electric customer
to reach the energy provider of choice. Delivery services include standard metering and billing serv-
ices, as well as the transportation of the electric energy and power that the customer has purchased.
Delivery Services Implementation Plan
The plan details the process and procedures by which each electric utility will offer delivery services
to each customer class and shall be designed to insure an orderly transition and the maintenance
of reliable service. The ICC will be responsible for approving a utility's delivery services imple-
mentation plan.
Delivery Services Tariff
The tariff that identifies the services, terms, conditions, and charges for delivery services,,
Distribution System
The lower voltage, smaller capacity network of wires and equipment that connects the transmission
system to the retail electric customer.
Electric System
The network of wires, generators, and other equipment that produces and delivers electrical
power and energy.
Electric Utility
The entity that has a franchise to sell electricity to retail electric customers in a certain area.
Com Ed is an electric utility.
Illinois Commerce Commission (ICC.
This state agency regulates electric, telephone, and gas utilities, as well as other companies.
independent Power Producer
A company, other than a regulated utility, that owns or operates a generator.
Independent System Operator (ISO)
An organization independent of any market participant that has control of both the transmission
system and continuous and instant information on the state of the system.
Rtpory On Choice In The Electric utilitInehistry 8
Y
Load or Demand
Usually refers to the amount of electricity used at one titnle by a customer or group of customers,
e Load may also refer to the total demand placed on the lectric system at a given time.
Market Value of Power
Part of the Competitive Transition Charge (CTC) calculation, the Market Value of Power is determined
yearly, based on a market-based index or calculation made by the Neutral Fact Finder.
Mitigation Factor
A component of the Transition Charge calculation. The Mitigation Factor is a deduction from the
Transition Charge that reflects the utility's efforts to reduce costs and obtain new revenues.
Neutral Fact Finder
A neutral party appointed by the ICC, who in the absence of an otherwise acceptable market
price measurement, will establish a value of power and energy to be used in calculating
Competitive Transition Charges (CTC).
Open or Direct Access
A key component of the restructuring process that allows customers to obtain access to a utility's
delivery services separate from the purchase of electric power and energy. Open access laws
and rules are the first major steps to a competitive market.
Real-Thne Pricm*g/Hourly Energy Pricing (HEP)
A pricing system that sets the price of electricity in small time increments that reflect the costs of
electricity. Customers may then adjust their consumption to respond to the price of electricity.
Real-time pricing is available to certain qualifying customers in Illinois.
Slamming
Slamming refers to the unlawful switching of providers without the consent or knowledge of the
customer.
Tariff
A document, approved by the ICC, that contains the terms, conditions, and prices for electric
services. There may be separate tariffs for different services andproducts.
Transmission System
The network of large volume, high-voltage lines and equipment that connects generators to the
distribution system.
Unbundling of Tariffed Electricity
Like many products, tariffed electric service is really a combination of services and products.
When you buy electric service, you also purchase electric meter services, billing services, trans-
mission, generation, and distribution services, as well as others. Unbundling is a part of the
process of restructuring that attempts to identify components of electric service that may be
offered and sold separately in a competitive market.
Wholesale Electric Power
Normally refers to electric power and energy that is sold by and to an electric utility or ARES for
resale.
Wholesale Elcctricity Price
The price for bulk electric energy or power. Wholesale transactions normally take place between
utilities, ARES, and other sellers or distributors of electric power or energy.
1?vt,)or1 On Cboice In The [Flectric (I'liliti, Inditsoy 9
L.A. W OFFICES
KLEIN
THORPE AND JENKINS, LTD.
Suite 1660
Patrick A. Lucansky
20 North Wacker Drive
Rinda Y, Allisoil
E. Kennetb Friker
Chicago, Illinois 60606-2903
James V. Ferolo
Gerard E. Dempsey
Michael T, Jurusik
Terrence M. Barnicle
Telephone (312) 984-6400
Thomas M. Melody
Bruce A. ZoIna
Facsimile (312) 984-6444
Lance C. Malma
James P. Bartley
(312) 606-7077
Christopher M. Kanis
Richard T. Winimer
.....
Shanon D. Shumpert
Michael J. Duggan
Orland Park Office
Eric J. Fu, lsang
Thomas P. Bayer
15010 S. Ravinia Avenue
Dennis G. Walsh
Suite 17
Scott F. Uhler
Orland Park, Illinois 60462
Everette M, Hill, Jr.
Telephone (708) 349-3888
Of Counsel
Janet N. Fe the
(312) 984-6446
Arthur C, Thorpe
Facsimile (708) 349-1506
Philippe R. Weiss
TO Mr. Michael E. Janonis
Village Manager
FROM: Everette M. Hill, Jr.
DATE: May 20, 1999
RE: State Gift Ban Act
Attached is an ordinance which will bring us into compliance with the Illinois
State Gift Ban Act. This ordinance is based- 'on a model developed by the Illinois
Municipal League Home Rule Attorneys Committee.
Note that their recommended ordinance specifies that the State Ethics
Committee will hear any complaints made about Mount Prospect officials. We have the
option of changing that language to create our own Ethics Board. To the best of my
knowledge, most municipalities are choosing to use the State Ethics Committee for
review of complaints.
The gift ban requires local governments at a minimum to prohibit the receipt of a
gift from any "prohibited source" to any full-time, part-time or contractual employee, as
well as appointed and elected officials and directors of a governmental entity ("local
officials").
The Act defines a "gift" as any gratuity, discount, entertainment, hospitality, loan,
forbearance or other tangible or intangible item having monetary value including, but
not limited to, cash, food and drink and honoraria for speaking engagements related to
or attributable to government employment or the official position of local officials.
ITir. ffIrlichael Janonis
May 20,1999
Page 2
"Prohibited sources" include any person or entity who:
1. is seeking official action by the elected official or employee;
2. does business or seeks to do business with the unit of government;
3. conducts activities regulated by the unit of government;
4. has an interest that may be substantially effected by the performance or
nonperformance of the official duties of the members of the unit of
government; or
5. is registered with the secretary of state under Lobbyist Registration Act.
The local government gift ban must apply, not only to the local officials, but also
to the spouse and immediate family living with the local official.
While the gift ban appears to prohibit even buying a cup of coffee for a local
official, the Act contains 23 exceptions which significantly reduce the impact of the
legislation.
The exceptions which are not required to be prohibited by the Act include:
I., anything for which the local official pays market value or anything not
used and properly disposed of by donating the item or cash equivalent to
an appropriate charity according to the Act;
2. a lawful, political contribution;
3. a gift from a relative;
4. anything provided by an individual on a basis of personal friendship, the
Act then sets forth a three part test to determine whether the gift was
actually provided on the basis of personal friendship;
5. a commercially reasonable note evidenced in writing;
6. a contribution or other payment to a legal defense fund established for the
benefit of the local official;
7. intra -office or inter -office gifts (for which there is a six part test to
determine whether it is in fact an intra or inter -office gift);
Mr. Michael Janonim-
May 20, 1999
Page 3 1
8. food, refreshments, lodging, transportation and other benefits resulting
from outside business or employment activities, such as benefits provided
to the local official because of an outside business or employment activity
or which is customarily provided by perspective employers in connection
with bona fide employment discussions or provided by a political
organization connected with fundraising;
9. pensions and other benefits resulting from participation in a welfare or
benefits plan maintained by a former employer;
10informational materials sent to the local official such as articles,
periodicals, etc.;
11 awards or prizes that are given to competitors in contests or events which
are open to the public;
1241 honorary degrees together with associated travel, food, refreshments, and
entertainment;
13. training, including food and refreshments furnished to all attendees as an
integral part of the training;
14, educational missions, such as meeting with government officials from
foreign countries or other domestic government officials;
15. a bequest, inheritance or other transfers at death;
16anything that is paid for by another governmental entity;
1T a gift of personal hospitality of an individual unless that hospitable person
is a registered lobbyist;
18. free attendance at a widely attended event;
19. opportunities and benefits that are readily available to the general public;
20plaques, trophies or other items which are commemorative in nature;
21. golf or tennis, food or refreshments of nominal value, catered food or
refreshments and meals or beverages consumed on the premises from
which they were purchased;
Mir. ITTlichael Janoni
May 20, 1999
Page 4 1
22. donations of products from an Illinois company that is intended to be for
promotional purposes; and
21 items of nominal value such as greeting cards, baseball caps or t -shirts.
Please keep in mind that our current ordinance prohibits the acceptance of any
"gift, favor or consideration" from anyone who is engaged in the "business dealings"
with the Village. Our Code has no exceptions to this. In theory, the new state law is,
therefore, more lenient than ours. Pursuant to the recommended ordinance, our
existing language will remain in effect and because it is more stringent, will prevail over
the state's exceptions. You should consider whether you desire to have our "no
exception" rule remain in effect. It is my recommendation that we keep it in effect for
now. There is a Senate bill now pending in Springfield which would exempt local
government from the State Act. This bill will probably not pass this session. However,
it may be passed this fall in the veto session. We should wait until the veto session is
over in November and then revisit this issue.
If you have any questions, please contact me.
AN ORDINANCE OF THE VILLAGE OF
MOUNT PROSPECT PROHIBITING THE SOLICITATION AND
ACCEPTANCE OF GIFTS AND ADOPTING THE
STATE GIFT BAN ACT (5 ILCS 425/1 ET. SEQ.; P.A. 90-737)
WHEREAS, the General Assembly has enacted the State Gift Ban Act (P.A.,
90737; House Bill 672; 5 ILLS 425/1 et seq.), which became effective on January I I
i
WHEREAS, Section 83 of the Act (5 ILCS 425/83) provides in pertinent part:
Within 6 months after the effective date of this Act, units of local
government, home rule units, and school districts shall prohibit the
solicitation and acceptance of gifts, and shall enforce those prohibitions, in
a manner substantially in accordance with the requirements of this Act
and shall adopt provisions no less restrictive than the provisions of this
Act.
WHEREAS, in preparing to meet the mandatory July 1, 1999, deadline, imposed
by the Act, the Mayor and President and Board of Trustees of the Village of Mount
Prospect have determined that the Act contains several procedural and substantive
defects and several ambiguities and inconsistencies which make compliance with the
dictates
of Section 83 of the Act difficult and perhaps impossible; and
WHEREAS, while the Illinois Municipal League has requested the General
Assembly to amend and clarify the Act so Illinois municipalities may have clear
guidance in bringing themselves into compliance with the Act, it has become apparent
that a legislative response will not be provided prior to the deadline imposed by Section
WHEREAS, the corporate authorities of the Village of Mount Prospect, in an
effort to comply with the action required by Section 83, hereby pass and approve this
Ordinance to bring the Village of Mount Prospect in compliance with the dictates of the
WHEREAS, the corporate authorities of the Village of Mount Prospect strongly
encourage the General Assembly to take immediate action to clarify the procedural and
substantive provisions of the Act so elected and appointed officials and the employees
of Illinois municipalities will have clear and unequivocal ethical procedures and rules
that will control their conduct.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND PRESIDENT
AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS,
FOLLOWS:
SECTION 1: The Code of Ordinances of the Village of Mount Prospect is hereby
Im in i 11 1 1
P ITS=^ ' 1111 11;iiiiii1im
I mm=
il
State Gift Ban Act
Sec. A-1 0 1 A,do 0i mi,
(a) The State Gift Ban Act (5 ILCS 425 et seq.) is hereby adopted as required
by Section 83 of the Act (5 ILCS 425/83).
(b) The solicitation or the acceptance of gifts prohibited to be solicited o
accepted under the Act is prohibited by any elected or appointed official o
any employee of the I
Sec. A-102. Ethics Officer.,
I—
To the extent authorized by law and to the extent required by Section 35 of the
Act (5 ILCS. 425/35)1 11 is appointed to serve as the "ethics
officer" of the Village. The ethics officer's duties shall be as provided in Section 35,
M 1� iii�ll ii
HMO
All complaints for violations of the Act and this Ordinance shall be filed with the
State legislative ethics commission (created by Section 45(a)(6) of the Act).
Sec. A-104. Exi'stn
l* EtWcs Or'di'nance or Gift Ban Ordinance.
I,g.i .
This Ordinance does not repeal or otherwise amend or modify Section 8.115 of the
Code, which regulates the conduct of Village officials and employees. To the extent that
Section 8.115 is less restrictive than the State Gift Ban Act and this Ordinance, then the
provisions and this Ordinance shall prevail in accordance with the provisions of Section
95 of the Act (5 ILCS 425/95).
Sec. A-105. Future Amendments to State Gift Ban Act.
Any amendment to the State Gift Ban Act (5 ILCS 425/1 et seq.) that becomes
effective after the passage of this Ordinance shall be incorporated into this Ordinance
by reference and shall be applicable to the solicitation and acceptance of gifts.
However, any amendment that makes its provisions optional for adoption by
municipalities shall not
be incorporated into this Ordinance by reference without formal action by the corporate
authorities of the Village.
(a) If the Illinois Supreme Court declares the State Gift Ban Act (5 ILCS 425/1
et seq.) unconstitutional in its entirety, then this Ordinance shall be repealed as of the
date that the Supreme Court's decision becomes final and not subject to any further
appeals or
rehearings. The Ordinance shall be deemed repealed without further action by the
corporate authorities of the Village if the Act is found unconstitutional by the Illinois
Supreme Court.
(b) If the Illinois Supreme Court declares part of the State Gift Ban Act (5
ILCS 425/1 et seq.) unconstitutional but upholds the constitutionality of the remainder of
the Act or does not address the remainder of the Act, then the remainder of the Act as
adopted by this Ordinance shall remain in full force and effect; however, that part of this
Ordinance relating to the part of the Act found unconstitutional shall be deemed
repealed without further action by the corporate authorities of the Village.
6
41 � IM111;
ICIII i I
CA NIM
PASSED and APPROVED this . day of 11999.
Gerald Farley, Village President
ATTEST:
Velma W. Lowe, Village Clerk
I L- IN'OlwS MU,NICIPAL, I L�EA
KENNETH A. ALDER SON MeMber. National League of Cities
Executive Director EAST CAPITOL AVENUE -:RO. BOX 5180
S-PRINGFIELD, ILLINOIS 62705-5180
Phone (217)-.525-1220 Fax (217) 525-7438
Web Site: www.iml.org
-April 2E, 1999
Letter to Mayor, Village President, Manager, Administrator, and Attorney
Re: State Gift Ban Act
The Illinois Municipal League has spent many months trying to definitively interpret the newly enacted
yin
StateGift Ban Act. Unfortunately, notwithstanding those efforts, some issues remain unresolved. We will
continue to press for.-Jegislative changes, along with the issuance of a formal Attorney General opinion
interpreting the new Act, and will monitor the pending litigation until some resolution is possible. The Illinois
Municipal League will periodically update you on all matters affecting the Act.
The Illinois Municipal League's Ad Hoc Ethics Subconu-nittee has worked diligently drafting two
model ordinances (Options A and B) that may assist your municipality in meeting the July 1, 1999 deadline
for the passage of a local ordinance. Please carefully review the enclosed materials and consult with your
attorney about the best. course for your municipality prior to taking formal action. Please note, if you choose
to proceed with an ordinance, the -,Subcommittee recommends. Option A.
The members of the Illinois Municipal League owe a special thank you to the Ad Hoc Ethics
Subcommittee members who have worked on this effort and continue to do so:
Joseph J. Annunzio, Village Attorney', Village ofNiles
Thomas P. Bayer, Klein, Thorpe & Jenkins', Chicago
Daniel P. Blondin3, Village Attorney, Village ofDowners Grove
John H. Brechin, Law Offices of John H. Brechin, Oakbrook Terrace
Mathias W. Delort, Robbins, Schwartz, Nicholas, Lifton & Taylor, Chicago
Harlan J. Spiroff, Kubiesa, Spiroff, Gosselar & Pieper, Oakbrook Terrace
Thomas A. Thanas, Corporation Counsel, City of Joliet
Please encourage your legislators to address the problems created for local governments in the new
State Gift Ban Act. Most cif those issues are procedural and will avoid costly efforts to interpret and implement
the provisions of the Act.
AM
"ANA I'llk"m.ill�a-ITZ",Lfl""C"","MlllF;,N"",Alll"�,�m,"",�
SUGGESTED FORM ORDINANCES TO ATTEMPT TO
BRING ILLINOIS MUNICIPALITIES IN COMPLIANCE
WITH THE STATE GIFT BAN A ' CT (PUBLIC ACT 90-737;
HOUSE BILL 672; 5 JLCS 42511) AND ITS MANDATORY
JULY 11 1999, DEADLINE FOR PASSAGE OF A LOCAL
ORDINANCE
WARNING
"rhe State Gift Ban Act contains procedural and substantive defects and ambiguities and
inconsistencies that have not been corrected by the General Assembly as of April 26, 1999. Two
l'orm ordinances are being offered to R\I members solely as a "bare bones" effort to bring each
Illinois municipality into compliance with what appears to be the mandate of the Act. The IMEL
strongly suggests that ea.cli municii)ality� consult with its atjgLney to have the proposed form
ordinances reviewed by their attorney and modified, to the extent each municipality so desires and its
attorney so recommends. Each municipality will need to decide whether to adopt I'LoLn A
which has ethics complaints heard by the State Legislative Ethics Commission or Q,Vtin B
which creates one or more local ethics commissions that will hear ethics complaints.
The IML strongly encourages each municipality to contact its legislators and request that the
General Assembly amend the Act to correct the procedural and substantive defects as has been
suggested by the EML for several months.
Please note that the IML. in conjunction with several State's Attorneys, has requested the
Attorney General of the State of Illinois to provide a formal legal opinion on the Attorney General's
interpretation of the Act and its effect on Illinois municipalities. Also, the Act is the subject of
pendina litigation in which the constitutionality of the Act is being contested. Wile both actions will
be helpful in interpreting the Act, the E\1L believes that neither action will result in guidance prior to
the July I't coin fiance deadline imposed on by the Act. Therefore, the attactled
p
proposed ordinances are being ofl red as a stopgap alternative until a legislative or judicial
clarification is provided to Illinois municipalities.
I
OPTIONA
STATE LEGISLATIVE ETHICS COMMITTEE HEARS COMPLAINTS
ORDINANC"NO.
0
PROI-11BITING TIHE SOLICITATION AND
llmc 41� 1 0 1 0191
STATE GIFT BAN ACT (5 ILCS 425/1 ET. SEQ.- P.A. 90-737)
VJIEREAS, the General Assembly has enacted the State Gift Ban Act (P.A. 90-737; House
Bill 672; 5 ELCS 425/1 et which became effective on January 1, 1999; and
WHEREAS, Section 83 of the Act (5 IELCS 425/83) provides in pertinent part'.
Within 6 months after the effective date of this Act, units of local
government, home rule units, and school districts shall prohibit
the solicitation and acceptance of gifts, and shall enforce those
prohibitions, in a manner substantially in accordance with the
requirements of this Act and shall adopt provisions no less
restrictive than the provisions of this Act.
WHEREAS, in preparing to meet the mandatory July 1, 1999, deadline, imposed by the Act,
the Mayor and City Council/the President and Board of Trustees (CityNillage Council in the
commission form ofgovernment) of CityNillage of, — have determined that
the Act contains several procedural and substantive defects and several ambiguities and
inconsistencies which make compliance with the dictates of Section 83 of the Act difficult and
perhaps impossible; and
6 WHEREAS, while the Illinois Municipal League has requested the General Assembly to
amend and clarify the Act so Illinois municipalities may have clear guidance in bringing themselves
into compliance with the Act, it has become apparent that a legislative response will not be provided
prior to the deadline imposed by Section 83; and
WII.„,,A,,,S,, the corporate authorities of the CityNillage of in an
effort to comply with the action required by Section 83, hereby pass and approve this Ordinance to
in compliance with the dictates of the Act- and
bring the CityNillage ofmmmmm I
MEREAS, the corporate authorities of the CityNillage of strongly
encourage the General Assembly to take 'Immediate action to clan,fy the procedural and substantive
provisions of the Act so elected and appointed officials and the employees of11l`no*s mu 'c*palities
w11,j
Dave clear and uneuivocal ethical procedures and rules that will control heir conduct.
11 c,
NOW, THERE'TORE, BE IT ORDAINED BY THE MAYOR AND CITY
CO UNC IIA,>RESID( ENT AND B OA RD OF TR US TEES (VILLA GEYCITY CO UNCIL IN THE
COMMISSION FO” OF GO VERNMENT) OF THE CITYIVILLA GE OF
1, ILLINOIS, AS FOLLOWS:
0
SECTIONI: The Code cif Ordinances ofthe CityNl*llage of is hereby
amended with the addition of the following provisions:
11
&tato Gf t Ban Act
Sec. A -101.A, 0114.tion of Act.
A�Zwo��
(a) The State Gift Ban Act (5 11LCS 425 et sea.) is hereby adopted as required by
Section 83 of the Act (5 ILCS 425/83).
(b) The solicitation or the acceptance of gifts prohibited to be solicited or
accepted under the Act is prohibited by any elected or appointed official or
any employee of the Ci,tyNillage.
[NOTE 1. Section 83 authorizes municipalities to exempt "n6n-salaried
appointed or elected officials " from the Act. If your "officials A y are
"nonsalaried, "you are authorized to add the following to the end of
subsection (b):
All non -salaried appointed or elected officials are exempted
from the Act and the provisions of this Ordinance.
[You should consult with your attorney because that provision of Section 83
is open for multiple interpretations.]
K
Sec. A-102. Ethics Officer,
To the extent authorized by law and to the extent required by Section 35 of
the Act (5 ILC S 425/35), is appointed to serve as the
"ethics officer" of the CityNillage. The ethics officer's duties shall be as provided in
Section 3 5.
[NOTE 2: Either insert a name or title in the blank or authorize the
Mayor/President or Manager/Administrator to appoint an ethics officer.
Proceed with caution. Consult your attorney]
See. A-103, State Le ishtive Etbiles Cot", I'll Iss,10,11 1* C01 lalnts*
1 -2 . ........ . . ... ,,,
All complaints for violations of the Act and this Ordinance shall be filed with
the State legislative ethics commission (created by Section 45(a)(6) of the Act).
Sec. A404. inti g, Ethics Ordiiace 01,1-, G,ift Ban Ord'i"111211cle*
Ex i
[NOTE .3`: Ifyour municipality has a current ethics ordinance and/or gift
ban ordinance,you should consider including this section in your State Gift
Ban ordinance. Proceed with caution in determining whether your local
ordinance is "less restrictive " than the Act. Consult your attorney.]
This Ordinancc does not repeal or otherwise amend or modify Ordinance No.
/Section of the Code, which regulates the conduct of CityNillage
officials and employees. To the extent that Ordinance No. /Section is
less restrictive than the State Gift Ban Act and this Ordinance, then the provisions and
this Ordinance shall prevail in accordance with the provisions of Section 95 of the Act
(5 ELCS 425/95).
Sec. A-105. Fut-ti-re Amendmentsto StatleGift.Ran ,Act.
11
Any amendment to the State Gift Ban Act (5 ILCS 425/1 et sea.) that
becomes effective after the passage of this Ordinance shall be 'incorporated into this
Ordinance by reference and shall be applicable to the solicitation and acceptance of
gifts. However, any amendment that makes its provisions optional for adoption by
municipalities shall not be incorporated into this Ordinance by reference without
formal action by the corporate authorities of the CityNillage.
See. A-106. Future Declaration of 'nconst'i"tutrio n,,,i,li*,t",f.State Gift Blatt Act
(a) If the Illinois Supreme Court declares the State Gift Ban Act (5 I1LCS
425/1 et sea) . unconstitutional in its entirety, then this Ordinance shall be repealed as
sem.)
of the date that the Supreme Court's decision becomes final and not subject to any
further appeals or rehearings. The Ordinance shall be deemed repealed without
further action by the corporate authorities of the CityNillage if the Act is found
unconstitutional by the Illinois Supreme Court.
M
(b) If the Illinois Supreme Court declares part of the State Gift Ban Act
(5 ILCS 425/1 et 'se .) unconstitutional but upholds the constitutionality of the
remainder of the ct or does not address the remainder of the Act, then the remainder
of the Act as adopted by this Ordinance shall remain in full force and effect; however,
that part of this Ordinance relating to the part of the Act found unconstitutional shall
be deemed repealed without further action by the corporate authorities of the
City/Village.
SECTION 2: This Ordinance shall be in effect upon its passage, approval and publication
as provided by law.
PASSED this day of %, 1999.
CITY/VILLAGE CLERK
Voting in favor: 10 -
Voting against: . ...... .. . .....
Not voting'.',,
APPROVED this day of 1999.
MAYOR/PRESIIDENT
PUBLISHED in pamphlet form this day of .1999.
k,
CITYMILLAGE ATTORNEY
CORPORATION COUNSEL
2
CITYMILLAGE CLERK
TION B
IK . ... . . ..... 7-7-7-7-7-
LOPAT ETHICS COMMITTEE HEARS COMPLAINTS
ORDINANCE, NO.
AN ORDINANCE OF TBE CITYMILLAGE OF
11 f0l
PROHMITING TINE SOLICITATION AND
STATE GIFT BAN ACT (5 ILCS 425/1 ET. SEQ.- P.A. 90-737)
W]HEREAS, the General Assembly has enacted the State Gift Ban Act (P.A.. 90-737; House
Bill 672; 5 ILCS 425/1 et s. c , which became effective on January 1, 1999; and
RWEREAS, Section 83 of the Act (5 ILLS 425/83) provides in pertinent part:
, 0
Within 6 months after the effective date of this Act, units of local
government, home rule units, and school districts shall prohibit
the solicitation and acceptance of gifts, and shall enforce those
prohibitions, in a manner substantially in accordance with the
requirements of this Act and shall adopt provisions no less
restrictive than the provisions of this Act.
WUEREAS, in preparing to meet the mandatory July 1, 1999, deadline, 'imposed by the Act,
the Mayor and City Council/the President and Board of Trustees (City/Village Council in commission
form of government) of the City/ Village of have determined that the Act
contains several procedural and substantive defects and several ambiguities and inconsistencies which
make compliance with the dictates of Section 83 of the Act difficult and perhaps impossible; and
WHEREAS, while the Illinois Municipal League has requested the General Assembly to
amend and clarify the Act so Illinois municipalities may have clear guidance in bringing themselves
into compliance with the Act, it has become apparent that a legislative response will not be provided
prior to the deadline imposed by Section 83; and
41
HWEREAS,, the corporate authorities of the CityNillage of in an
effort to comply with the action required by Section 83,, hereby pass and approve this Ordinance to
th the dictates of the Act- and
bring the CityNillage of, in compliance wi 3
KWEREAS, the corporate authorities ofthe CityNillage of strongly
encourage the General Assembly to take immediate action to clarify the procedural and substantive
provisions of the Act so elected and appointed officials and the employees of Illinois municipalities
will have clear and unequivocal ethical procedures and rules that will control their conduct.
NO W, T BE IT ORDAINED BY THE MA YOR AND CIT
1,
IT
41SH"),11, TAND BOARD OF TRUSTEES (VILLA GEICITY COUNCIL IN
COU L,*�MIJEX, 4,
COMMISSION FORM OF GOVERNMENT) OF THE CITYIVILLAGE 0
,, ILLINOIS, AS FOLLOWS:
SECTIONL The Code ofOrdinances ofthe CityNillage of —.is hereby
amended with the addition of the following provisions:
11
S!,ta, te, Gy i t 13 -a-,,,n,A et
See. B-101. AdopLioji, of Act.
(a) The State Gift Ban Act (5 ELC S 425 et seq -) is hereby adopted as required by
Section 83 of the Act (5 ILLCS 425/83).
(b) The solicitation or the acceptance of gifts prohibited to be solicited or
accepted under the Act is prohibited by any elected or appointed official or
any employee of the CityNillage.
[NOTE 1. Section 83 authorizes municipalities to exempt "non --,salaried
appointed or elected officials" from the Act. If your "off?cials ) P are
finonsalaried, " you are authorized to add the following to the end of
subsection (h):
All non -salaried appointed or elected officials are exempted
ftom the Act and the provisions of this Ordinance.
[You should consult with your attorney because that provision of Section 83
is openfor multiple interpretations.]
PA
To the extent authorized by law and to the extent required by Section 35 of
the Act (5 ILCS 425/35)is appointed to serve as the
4'ethics officer"' of the CityNillage. The ethics officer's duties shall be as provided in
Section 3 5.
Either insert a name or title in the blank or authorize the
MayorlPresident or ManagerlAdministrator to appoint an ethics officer.
Proceed with caution. Consult your attorney]
See. B-103. Local, Ejhics Conim'"Is'sion- C�Opfll laints#
1 �JL-
10 -
[L)LO TE .3. If you decide to have a local ethics commission hear
complaints, you shoulddecide the structure, membership, term ofoffice, and
the usual matters that go into appointing any type of local board or
commission (i.e., ZBA, Fire and Police Board, etc.). You may want to
consider having your corporate authorities serve as the local ethics
commission. You may want to have multiple ethics commissions — one for
elected officials; one for employees; one for appointed officials. You may
have an existing board, commission, or committee with which you may want
to vest the authority to serve as the local ethics commission. 7 -here is no
guidance in the Act. Proceed with caution. Consult your attorney.]
(a) To the extent authorized by law and to the extent required by the Act,
the Mayor/President shall appoint . persons to a Local Ethics
Conu-nission with the advice and consent of the City CouncBoard of
Trustees.
(b) The Local Ethics Commission shall have the power and duties set
fo-f.h in Section 55 of the Act.
. 4
To the extent that any of its provisions may be applicable, Section 45
of the Act shall be applicable to the Local Ethics Commission.
(d) The complaint procedure and the enforcement and penalty provisions
of the Act and this Ordinance shall be as are provided in Sections 60,
65, and 70 of the Act.
. ..... .... ..... . . . ........ . .
[NOTE 4: Ifyour municipality has a current ethics ordinance andlor gift
ban ordinance, you should consider including this section in your State Gift
ARan ordinance. Proceed with caution in determining whether your local
ordinance is "less restrictivethan the Act. Consult your attorney.]
This Ordinance does not repeal or otherwise amend or modify Ordinance No.
K
/Section of the Code, which regulates the conduct of CityNillage
officials and employees. To the extent that Ordinance No. /Section is
less restrictive than the State Gift Ban Act and this Ordinance, then the provisions and
this Ordinance shall prevail in accordance with the provision of Section 95 of the Act
(5 YLCS 425/95).
Sec.. -105. Future Amendinetts to S Gift, Ban c
At,,,,.
I tate �
Any amendment to the State Gift Ban Act (5 I1LCS 425/1 et se .) that
becomes effective after the passage of this Ordinance shall be incorporated into this
Ordinance by reference and shall be applicable to the solicitation and acceptance of
its. However, any amendment that makes its provisions optional for adoption by
municipalities shall not be incorporated into this Ordinance by reference Without
formal action by the corporate authorities of the CityNillage
1 4 t , , toe G* i, Act
See. B-106. r4titur It of UnconstItutionaht Ift Rant 61
(a) If the Illinois Supreme Court declares the State Gift Ban Act (5 I1LCS
425/1 et.seq.) unconstitutional in its entirety, then this Ordinance shall be repealed as
of the date that the Supreme Court's decision becomes final and not subject to any
further appeals or rehearings. The Ordinance shall be deemed repealed without
further action by the corporate authorities of the CityNillage if the Act is found
unconstitutional by the Illinois Supreme Court.
(b) If the Illinois Supreme Court *declares part of the State Gift Ban Act
(5 ILCS 425/1 et seq.) unconstitutional but upholds the constitutionality of the
remainder of the Act or does not address the remainder of the Act, then the remainder
of the Act as adopted by this Ordinance shall remain in full force and effect; however,
thatp art of this Ordinance relating to the part of the Act found unconstitutional shall
be deemed repealed without further action by the corporate authorities of the
CityNillage.
SECTIONI: This Ordinance shall be in effect upon its passage, approval and publication
as provided by law.
PASSED this day of 5 1999.
. . . . .......
CITYMELLAGE CLERK
4
Voting in favor:
4,
Voting against:
Not voting:
APPROVED this day of , 161999.,
MAYOR/PRESIDENT
PUBLISHED in pamphlet form this day of a, 1999.
rm
1;j 111 111115
011111illill ii i
A 0 -in 11
CITY/VIELLAGE ATTORNEY
CORPORATION COUNSEL
9
CITY/VELLAGE CLERK
X
MAYOR
VILLAGE MANAGER
Gerald L., Farley
Michael E. Janonis
TRUSTEES
VILLAGE CLERK
Timothy J. CorcoranT110 .
Vi"lla'.1ge Mo",
Velma Lowe
Paul Wm. Hoefeft of nt SPI, ev
Richard M. Lohrstorfer
camel A. No hl Community Develo meat , eartme t
Phone', 847/818-5328
Michacle W. Skowron
Irvana K. Wilks 100 South Emerson Street Mount Prospect, Illinois 60056
Fax- 847/818-5329
TDD. 847/392-6064
BUSINESS DISTRICT DEVELOPMENT AND
REDEVELOPMENT COMMISSION
,CANCELLATION NOTICE
THE MEE'T'ING SCHEDULED FOS. MAY 267 1999 HAS BEEN CANCELLED,
AN AGENDA WILL BE SENT PRIOR TO THE NEXT MEETING,
Dated this I 9th day of May, 1999.
\\MV02\DEPT" COMDEV\GEN\PLNG\ZBA\ZBA 1999\Agenda\5-27-99,doc
MAYOR
Gerald L. Farley
VILLAGE MANAGER
Michael E., Janonis
TRUSTEES
Timothy J. Corcoran
Paul Wm. Hoefert
nt ap VILLAGE CLERK
e, 'If ro "ec
9 Woo, P Velma Lowe
Richard M. Lobrstorfer
Daniel A. Nocchl
Communift... Development Department Phone.847/818-5328
Michacle W. SkowronFax-
Irvana K. Wilks
847/818-5329
100 South Emerson Street Mount Prospect, I linoi's 60056 TD D*: 847/392-6064
AGENDA,
MOUNT PROSPECT ZONING BOARD OF APPEALS
MEETING LOCATION, MEETING DATE & TIME*
Senior Center Thursday
50 South Emerson Street May 2 7, 1999
Mount Prospect, IL 60056 730 p.m.
1.
CALL TO ORDER
IT'*,
ROLL CALL
111.
APPROVAL OF MINUTES — Minutes of App* 122, 1999 meeting
A. ZBA- 06-99NI'llage of M . t Prspect/ ron Porch Text Amendment
B. ZBA-09-99/Citgo Gas Station
\\MV02\DEPT" COMDEV\GEN\PLNG\ZBA\ZBA 1999\Agenda\5-27-99,doc
1VIOL - EVIC
DIJI--1013M 4M
will 1110AIWO
0 4 a --------- ------
W-1111 0
16
Village of Mount Prospect
100 S. Emerson St.
Mount Prospect, IL 60056,
i mflzlpgzr���WWIV
A Text Amendment to Sections 14.803.A RX Zoning District
Conditional Uses, 14.903.A RI Zoning District Conditional
Uses, 14.1003-A RA Zoning District Conditional Uses,
14. 1 103.A R2 Zoning District Conditional Uses, 14.1203.A R3
Zoning District Conditional Uses, 14.1303.A R4 Zonffig
District Conditional Uses, and 14.2401 Definitions to add,
"Unenclosed front porches attached to single-family residences
encroaching up to five feet (5') into front setbacks" as a
Conditional Use in residential zoning districts and add r
• • or, "FRONT PORCH, UNENCLOSEWI)
Michaele Skowron, Chairperson
Ronald Cassidy
Leo Floros
Arlene Juracek
Marshalj,lPonzi
Richard Rogers
I#= T&MVIM-74TT n#o
William J. Cooney, AICP
Director of Community Development
Michael Blue, AICP
Deputy Director of Community Developmen—L
Jeffery Perkins, Planner
Chaerson Skowron called the meeting to order at 7:38 p.m. Minutes for two previous meetings were approved. p
Chairperson Skowron introduced Case No. ZBA-06-99, a request for a Text Amendment. Ms. Skowron opened the
public hearing and *inquired if notice of the case had been given.
# A
Barbara Swiatek, Planning Secretary, stated that public notice for this case had been given in the form of g
newspaper legal ad,
Mr. Jeff Perkins, Planner, then introduced the staff memorandum for the item, a proposed textamendment to
modify the RX, RI, RA, R2, R3, and R4 Zoning D'Istrict Conditional Uses to add, "unenclosed front porcheol.
0
# 11
attached to single-family residences encroaching up to five feet (5') into front setbacks" and modify the onin
to 4% 11
Code Definitions section to add a definition for UNENCLOSED PORCH. The proposed definition reads-, a roored
open area, without walls, screens, or windows, attached to and part 0 f a structure, withdirect access to and from th
structure." I
ar
Based on 'its review of the proposal witn respectlo the ZoningCode Text Amendment stand ds,,Mr. Perkins gave
staff s recommendation of ',Pv'roval of the proposed Text Amendment.
Chairperson Skowron closed the public hearing at
zonings were i ins pointed out a
ttoardmembers 'inquired why multif4mily ncluded 'n this amendment and Mr. Perk*
0 0 1 1 single -
single famiflyresidence cou Id be located m those districts and that the Conditional Use provision reterred
family residences only.
Board members discussed how this, amendment could be applied to a porch of a newly constructed- home that would
encroach on the setback requirements. Members asked I`f the a'me�"ent could Include woraing to prevent this
i e romhappening. Mr. Perkins agreed that such wording, could be includede Mr. Rogers stated he would like to
6 with
revise his,motion to include the wording "'for existirtg single family resiae6c san approved Certitic Of
Occupancy as of the date of the Ordinance".
Ms. Skowron asked for a vote on the amendment to the motion:
UPON ROLL CALL: AYES: Cassidy, Floros, Juracek, Ponzi', Rogers, Skowron.
NAYS: one
Ms. Skowron called for a vote on the motion.
UPON ROLL CALL: AYES: Cassidy, Floros, Juracek, Ponzi, Rogers, Skowron.
NAYS: None
Zoning Board of Appeals ,SBA -06-99
Michaele Skowron, Chairperson Page 3
Motion was approved 6-0.
Chairperson Skowron announced that Cases ZBA-07-99 & ZBA-08-99 were tabled to the May 27 treating per the
petitioner's request.
Three more cases were presented. At, 10.-20 pm., Richard Rogers made motion to adjourn, seconded by Arlene
d #
Juracek. Meeting was aajourned.
Barbara SW4 tatek/,, Planning Secretary
Madan r,
'e
H.,\GEN\PLNG\ZBA\ZBA 1999\MInutes\ZBA-06-99 Porch tenet smandmentdoc
I of
�k lk 06 1 . I 1�� Ilk,
10 161"CM 0 U RIM U x" WX1610 W10016 ik 0 0 4
go - at - 46
z,BACASE J NO. ZBA-09-99 Hearing Date: April 22, 1999
PETITIONER. Vitas Macl*ukevl*ous
W -T Engineering, Inc.
39 E. Scully Drive
Schaumburg, IL 60193
C
AO0 ApH 7,1999 JOURNAUTOPICS !IUBLICTIN DATE.. ri
0
REQUESTO Rezoning�. from RX Single-family Residence to B3 Community
Shopping, Conditional Use Approval, and Variations to front
and, side exterioard setback requirements for the
establishment of a service station
0
AH ERS PRESENT, Michaele Ski ori, Chairperson
Ronald Cassidy
Leo Floros
Arlene Juracek
Marshall Ponzi*
Richard Rogers
MEAMERS ABSENTO Elizabeth Luxem,
STAFF ERS PRESENT. William J Cooney, AIC P
Director of Community Development
Michael Blue, AICP
Deputy Director of Community Development
0
INTERESTED PARTIES, Vitas Maciukevious
Chairperson Skowron introduced Case � No. ZBA-09-99, a request �for Rezoning from RX S ingle-fam ifly Res ide
o p d
nce
tB3 Community Shopng, Con• i na Use Approva, anVariations to front and side exterior yard setback
requirements for, the establishment of a service station. Ms. Skowron opened the public hearing and inquired it
notice of the case had been given,
Barbara Swiatek, Planning becretary, stated that public notice for this case was given in the form of a newspaper
legal ad, signs postedat the property, and a mailing to property owners within 250' of the subject property*
Mr. Perkins then introduced the staff memorandum for the item� Rezo nig, Cononal Use, and Variations to
permit reestablishment of existing, service stati on and, convenience store, In Octobier 1998, the station's fuel storage
tanks were removed I and, 'in the process, the station's. canopy was demolished. Since that time, the location has
been a convenience store only. The applicant proposes to reestablish the service station using the existing
convenience store structure, construct a new canopy to replace the demolished one, reconfigurt the site"s,
11 'A *
to add park' g, •ana eiimi*
circulation for more efficient vehicle movements,•
and in naa
te •one of two existing ccesses
from Addison Court'.
The property's current zoning, "Is RX Singte-tamily Residence. To accommodate the proposedl service station,, the
property must be rezoned to B3 and be approved for a Conaitional Use, or be rezoned to B4. The applicant has
Zoning Board of Appeals ZBA-09-99
Michaele Skowron, Chairperson Page 3
0 0 1
Based on its analysis with. respect to the Zoning Code standards for Map Amendments, Conditiona Uses, an
Variations, Mr. Perkins gave staff s recommendation of approval of the proposal, with the conditions included
the staff report.
# 9
Richard Rogers inquired about the RX zont-ng on the property, due to the fact 'it encompassed a food mart. Mr4
Perkins said that the property was zoned RX at the time of annexation and had not been subsequently rezoned.
Arlene Juracek asked 'if a B4 zoning would be a more logical request. Mr. Perkins responcea that the B3 was a
better choice for the interests of the Vifflage.
itioner P *ect Manager at W -T Engineering at 39 E. Scully Drive in Schaumburg,
The pet" Vitas Macl*ukevl'ous, ro),
was sworn in. The property had formerly been a Shell station and when Shell withdrew from the property, the food
mart remained. He explained he was representing t3rij- Sharma, who wants to operate a Citgo service station and
food mart at that location. He stated he had submi*tted the plans to IDOT and will have just one driveway on Busse
Road, which will afford more space for landscaping. He sai'd they were amenable to the conditions imposed by
staff but would like to work with staff further on the location of the dumpster enclosure,
Mr. Ponzi* asked what staff s motivation was regarding the dumpster. Mr. Cooney responded that staff s, motivation
0
is that there 'is an open dumpster on the south end of the building that is very visible to both roadways. He added
that staff would work with the applicant regarding appropriate screening for the dumpster.
Mr. Ponzi asked if remaining driveways would be right-in/ri'ght-out. Mr. Macl'ukevious said they are presentIv
right-ffi/rl'ght-out and would remain so.
Mr. Rogers asked about Cltgo's use of high ffitensity lamps. Mr. Macl*ukevl*ous said the proposed canopy would
have a backfit fascia and .,cause no light pollution. Bill Cooney, Director of Community Development reminded
members that the Zoning Code does not permit light to pervade surrounding properties.
r. t W WTo ro "00
Leo Floros, made motion to approve the request for Rezoning from RX Single-family Residence to B3 Community
Shopping, Condiftional Use Approval, and Variations to front and side exterior yard setback requirements for the
eWstablishment of a servl*ce stafion, with staff s conditions 'Included, with the except -ion of condition #3 regarding the
dumpster. Richard Rogers seconded the mofion,
UPON ROLL CALL: AYES: Cassidy, Floros, Juracek, Ponzl*, Rogers, Skowron,
NAYS: None
Motion to was approved 6 -Cl
Two more cases were presented. At 10:20 p.m., Richard Rogers made motion to adjourn, seconded by Arlene
Juracek. Meeting was adjourned.,
Baroara Swi tel Planning Secretary
ff t6�kfn's
H:\GEN\PLNG'qZBA\ZBA 19991Minutes\Z8A-G9-99 Shell Station,doc
ZBA CASE NO, ZBA-10-99 Hearing Date,* April 22, 1999
PETITIONER.
Thomas Rei'ndel, for
Northwest Electric, L.L.C.
30 S. Main Street
Mount Prospect, IL 60056
PUBLICATION DATE, April "7, 1999 JOURNAL/TOPICS
4
REQUESTO Rezoning, from RI and RA Single-family Residence to B3
Community Shopping, and Variations to front and side exterior
yardl setback requirements for the establishment of a lighting
and electrical store I N
0
MEEM[BERS PRESENT. Michaele Skowron, Chairperson
Ronald Cassidy
Leo Floros
Arlene Juracek
Marshall Ponzi
Richard Rogers
MEMEBERS ABSENT, Elizabeth Luxem
STAFFMEMBERS PRESENT, William J. Cooney, Jr., AIC P
Director of Community Development
Michael Blue, AICP
Deputy Director of Community Development
Jeffery Perkins, Planner
INTERESTED PARTIES. Randall Bees, Randall Bees and Assoc.
"o Is
Thomas Burney, Schain, r irsei, and Bumey, Ltd.
Thomas Reffidel, Northwest Electric, L.L.C.
#.
James Vivirito
Jim Pinciaello
Chairperson Skowron introduced Case No. ZBA-10-99, a request for Rezoning from R1 and RA Single-family
Residence -to B3 Community Shopping, and Variations to front and side exterior yard setback requirements for the
establishment of a lighting and electrical store. Ms. Skowron opened the public hearing and inquired if notice of
the case had been given.
1-onarbara Swiatek, Planning Secretary, stated that public notice -for this case had been given in the form of a.
n 'thin
aewspaper legal ad, signs posted at the property, and a mailing to property ow ers wi 1 250' of the subject
I
I?* roperty.
Mr. Perkins then introduced the staff memorandum for the 'Item, Rezoning and two Variations to permit
construction of an electrical supplystore at the comer of Rand Road and Business Center Drive.
0
The subject property consists of four parcels — an existing singfe-family resl*dence zoned Rl, an existing landscape
business zoned B3, and two outparcels of the K ensingtpn Center, one zoned B3 and one zoned RA. The applicant
Zoning Board of Appeals ZBA.1 -99
Michaele Skowron, Chairperson Page 3
electrical supply store facing Business Center Drive. The store will also have a large office area, lunchroom and
second floor mezzaniT.e.
IT,,'ir. Randall Bees, architect for the building came forward and explained the architectural detaill s. He said brick
would be used between the pilasters and the glass. The back of the building will be pre -cast concrete colored to
replicate the look of the front of the building. The entrance from Rand Road will be right-in/right-out only. There
w ill be two-way traffic around the building. Trucks will enter from Rand Road, go around the buildin , and back in
1 9
to the truck M.
1 11 _= 1 111111,1111 �
I&J-ra- . is !!IIIIIIIII
Zoning Board members expressed their pleasure with Northwest Electric staying in Mount Prospect and
commended them on the design of their building.
Jim' Pinciaello, 508 Hill Street, was sworn 'in and asked 'if there were a 3-dimensional reAd'e'rip,g, Of the pr 'ect
01
available. He asked what will divide the wooded area and the north wall, and asked if there W041d ive a ience. He
l
asked 'if trucks would be parked overnight. He also asked about signage, lighting; and traffic.
Mr. Bees said there was no 3-dimensional rendering of the project. He again described the vehicular traffic paths.
He said there would be a ground mounted and a wall mounted sign, both will comply with the sign ordinance.
Lighting will be along the walls and over the doors. Entrances are recessed and there will be light*
0 i ing over them.
Mr. Reindl described Northwest Electric's trucks as having no larger than a 16 -ft. box. No semi -trucks will be
parked ovemight. Delivery hours are during the daytime with none on Saturday or Sunday. There will be no night
activity.
Mr. Floros asked what their target date was and Mr. Reindl said June 1, 2000.
Chairperson Skowron closed the public hearing at 9:15 p.m.
Richard Rogers made motion to approve the request for Rezoning from RI and RA Single-family Residence to B3
Community Shopping, and Variations to front and side exterior yard setback requirements for the establishment of
a lighting and electrical store, as presented, without the condition included in the staff report, Marshall Ponzi
seconded the motion.
A
UPON ROLL CALL.: AYES: Cassidy, Floros, Juracek, Ponzi', Rogers, Skowron.
Motion was approved 6-0.
One more case was heard. At 10.-20 p.m., Richard Rogers made motion to adjoum, seconded by Arlene Juracek.
0 Ilk
Meeting was aajourned#
Barbara Swiatek, Planning Secretary
H:\GEN\PLNG\ZBA\ZBA 19991Minutes\ZDA- 10-99 Northwest Electric.doe
ZBA CASE NO, ZBA-11-99 Hearing Date: April 22, 1999
PETITIONER: Bruce Adreani, for
Norwood Builders
7458 N. Harlem Avenue
Chicago, IL 60631
PUBLICATION DATE: April 7, 1999 JOURNAL/TOPICS
REQUEST: Planned Unit Development for the construction of a 205 -unit
condominium development
A
MEMBERS PRESENT. Michaele Skowron, Chairperson
Ronald Cassidy
Leo Floros
Arlene Juracek
Marshall Ponzi*
Richard Rogers
MEMBERS ABSENT: Elizabeth Luxem
STA-FFMEMBERS PRESENT: William Cooney, AICP
Director of Community Development
Michael Blue, AICP
Wjeputy Director of Community Development
INTERESTED PARTIES:
Bruce Adreani, Norwood Builders
Ron Radzik, Norwood Builders
Jim Duerr, Norwood Builders
John Riechart,, Jr., Norwood Builders
Luay, Aboona, KL OA
Doug Trezise
Chairperson Skowron "introduced Case No. ZBA-1 1-99, a request for a Planned Unit Development for the'
construction of a 205 -unit condominium development. Ms. Skowron opened, the public hearing and inquired if
notice of the case had been given,
Barbara Swiatek, Planning Secretary, stated that public notice for this case had been given 'in the form of a
newspaper legal ad., signs posted at the property, and a mailing to property owners 'in the 250 surrounding areaf
Mr. Perkins then i*ntroduced the staff memorandum for the i*tem, Conditional Use approva I i tor a Planned Unit
Development to permit construction of a 205 -unit condominium development that i's the first phase of the
implementation of the Downtown Strategic Plan, adopted as part of the Comprehensive Plan last year by t e
Village Board. The subject property consists of eleven parcels that the Village has either acquired has contracts to
purchase.
Additionally, the Village is working with property owners to purchase six additional parcels south of the subject
property. That property wi"It be used for public parking. At this time, the request before the Board 'is for the current
Zoning Board of Appeals ZBA-11-
Michaele S o ron, Chairperson Page 4
Mr. Radzik stated that the buildings will be all masonry construction on four sides.
MITZI 0
Ms. Skowron thanked Mr. Hoffman for his contributions in. getting us to this point and asked staff to respond
IIIIIII IF M I WINJ i
ro a
Chairperson Skowron closed the public'nearing at 10-0 10 p.m
Mr. Ponzi expressed concern about the acquisition of the property to the south, but Mr. Cooney assured him, that
would not be 4problemo
Mr. Adreani was asked the timefirame on the first building; he stated 'it would be about 18 months with completion
of all buildings in 3-4 years. Ihe 3 buildings will have one conciominium association.
Al
Mr. Floros complimented staff on the expeditious progress on this downtownredevelopment,
Marshall Ponzi* made motion to approve the request for a Planned, Unit Deve16 pment for the co n struction of a 205 -
unit condominium development and associated improvements, with %the seven conditions iternized in staffs report.
Richard Rogers seconded the motion.
UPON ROLL CALL: AYES: Cassidy, Floros, Juracek, Ponzi, Rogers, Skowron.
NAYS: None
Motion to was approved 6-0.,'
Zoning Board of Appeals ZBA- 11-99
Michaele Skowron, Chairperson Page 5
Mr. Cassidy expressed the congratulations and best wishes of the Zoning Board to Michaele Skowron on her return
to the Village Board.
Richard Rogers made motion to adjourn, seconded by Arlene Juracek, Meeting was aajourned at 10.-20 p.m.
._Vol
B ara Swiatek, Planning Secretary
"n,ner
MOUNT VILLAGE. PROSPECT
FINANCE COMMISSION i
AGENDA
DA
G
Thursday, May 27, 1999
7:00 p.m.
VILLAGE HALL
2nd Floor Conference Room
I Call to Order
� II Approval of Minutes -Meeting of Apri122, 1999
12 11Z , I ILyJ I I
Minutes of the Meeting
April 22, 1999
1. Call to Order
The meeting was called to order at 7:00 p.m. Those present included Chairman John Korn and
Commissioners Vince Grochocinski, Newt Hallman, Tom Pekras and Ann Smilanic. Also present
were Village Manager Michael Janonis, Police Chief Ron Pavlock, Deputy Police Chiefs Tom Daley
and Ron Richardson, Public Works Director Glen Andler, Deputy Public Works Director Sean
Dorsey, Finance Director Doug Ellsworth and Deputy Finance Director Carol Widmer.
Commissioner George Busse arrived at 7:45 p.m, Commissioners John Engel and Jim Morrison were
absent,
The minutes of the February 25 and March 25 meetings were approved as presented,
Police Chief Ron Pavlock and Deputies Tom Daley and Ron Richardson presented the external and
internal issues facing the Police Department,
The external issues presented by the Police Department included the need to continue problem solving
policing efforts in the north side and south side of the Village, the need to implement a tactical unit
approach to combating illegal street gang activities an
junsad the need to continue participating in multi -
0 '2i .0
ctional task force operations to investigate crimes and combat criminal activities.
Internal issues discussed included the need to integrate appropriate new technology into the
department's operations and the need to train the department's new y Gung work force to perform their
job safely and effectively,
In response to a question, Deputy Chief Tom Daley how the tactical unit operated. There was also
some discussion regarding the successful "Boxwood Program,"
Public Works Director Glen Andler presented the department's most pressing 'internal issues. These
issues included the need to increase staffing levels, the need to improve customer service/complaint
tracking, and the problems caused by an ineffective telephone system.
During the years 2000 - 2004, the Public Works Department is proposing to add a total of four
positions. Mr. Andler explained the *increasing demands on the department staff and mentioned snow
removal activities and preventative maintenance of public buildings as areas of concern with present
staffing levels. He is recommending the addition of three maintenance workers and one electrician
Among the external issues discussed by Deputy Public Works Director Sean Dorsey were the
accelerated road program, the various regulations imposed by Federal and State mandates, and the
Weller Creek stabilization initiative.
V ino111f ". mdr9ooti, =
-s
Fmantz Director Doug Ellswor,,t,,fh,,Pr,,,es,,e,,nted,,I',,nformatioii on.the Illinois Metropolitan Inv estmentFund
(IMET). The goal of IMET is to provide municipalities with a safe 'Investment vehicle for funds not
required to be spent in the short term. The average duration of 'Investments is 1-1/2 years. EMIT
will be an enhancement to our current portfolio of investments.
The
'n"gina, y amendmentpresented, by Mr. E11,sworth allows,for o
$2.3M wrth, of projects, which were 0
budgeted in 1998 to be carried over to the 1999 budget. Mr. Ellsworth explained that the goods or
services have already been ordered or contracts let and there were adequate funds left over at year-end
to cover these carryover requests.
VilEl".t,,L,,q-,,,.Qu,,a�r��tLr,,,L),itia,,n.ci*,al,,,,,,,,R,,,.�v,-*iew
.w g
W � I bud in the
'Mt411 Ellsworth pre�entdd, ��a- birW review o,f how revenues, and'e UreS co, MPar _`to got
main operating and capital project funds.
In the General Fund $6,373,101, or 25.1%, of the total projected revenues have been received.
D urm-g that period $ 6 70 644, or 15.1 %, of the $26."7 million annual budget has been expended. All
of the operating departments have spent less than 25 % of their annual budget as of March 31. Mr.
Ellsworth stated that revenues and expenditures generally appear to be in line with original budget
projections for all funds. A more detailed analysis will be presented during the mid -year review.
Mr. Ellsworth also reported that his analysis of the Vehicle Replacement Fund indicates that there is
a deficit of approximately $145,000. It is his recommendation that lease payments continue through
the year 2000 at which time the fund may possibly have an $804100,000 stfirplus.
VIII Emwee
�4 j,
The Illinois Department of Revenue released the 1.998 Annual Sales Tax Report by Standard Industrial
Classification (business type). Mr. Ellsworth reported that the Village's 1998 retail sales increased
5.7% over theprevious year and that business categories posted healthy gains with the exception of
apparel and lumber/hardware stores which suffered a drop in sales.
2
IX. I I I I Lm. 1.4 i i,
Chairman Kom reported on some of the recent actions taken by the Village Board over the past
several months.
X Qt,,Ii,,er,,Bus,
i*,n,ess
Commissioner Newt Hallman announced that he was retiring after having served on the Finance
Commission for over 'HCl years. This meeting was his last meeting. Those present thanked Mr.
Hallman for his service to the Village and wished him well,
XI Aduoummol
The meeting was adj ourned at 10: 18 p. m. The next meeting will be held on May 27 1999 0
Respectfully submitted
A)A ��u
Carol L. Widmer
Deputy Finance Director
C