HomeMy WebLinkAbout1651_001SECT'IGN TWO: That the Village Clerk of the Village of Mount Prospect is hereby
directed to certify a copy of this ordinance and is hereby authorized and directed
to file a copy of the same with the County Clerk of Cook County, Illinois, within
the time specified by law.
,SECTION THREE: That, if any part or parts of this Ordinance shall be held to be
unconstitutional or otherwise invalid, such unconstitutionality or invalidity,
shall not affect the validity of the remaining parts of this ordinance. The
President and Board of Trustees of the Village of Mount Prospect hereby declares
that they would have passed the remaining parts of this ordinance if they had
known that such part or parts thereof would be declared unconstitutional or
otherwise invalid.
SECTION FOUR: That this Ordinance shall be in full force and effect from and
after its passage and approval: and recording as provided by law.
,mom
AYES
NAYS
ABSENT:
PASSED THIS
day, of 1980
APPROVED THIS day of 1980
Carolyn H. Krause] Village President
ATTEST:
Carol A. Fields, Village Clerk
13
8/27/80
AN ORDINANCE A -MENDING CHAPTER 12 OF
THE VILLAGE OF MOUNT PROSPECT
MUNICIPAL CODE
Rim
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS as follows -
SECTION ONE: Chapter 12 of the Municipal Code of the Village
of Mount ospect be and the same is hereby, amended by delet'ing
each and every Article and Section of said Chapter iin their
entirety and substituting therefor a new Chapter 12, which
said new Chapter 12 shall hereafter be and read as follows-
1
12.101 Purpose
12.102 Incorporation of Food Service Sanitation Regulations
12.103 Amendments to Food Service Sanitation Regulations
Sec. 12.101. Pur ' ose. The provisions of this Article are
designed to protect"ffi, the public health, safety and welfare b1tr
providing sanitation regulations governing the storage, prepara-
tion and service,of food and the condition of the premises
where such food is stored, prepared or served in food processing
and food service establishments and retail food stores.
Sec.- 12.102. Incorporation of Food Servicee,u,lations. For the
purpose of establishing sa,n on rules and regulatil-o"n"s for the
storaget preparation and service of food and the condition of
the premises where such food is stored, prepared or -served in
food processing and food service establishments and retail
food stores, there is hereby adopted the 1975 edition of
the Rules and Regulations Pertaining to the Sanitation of
Food Service Establishments promulgated by the State of
Illinois, Department of Public Health, together with all
appendices thereto, except such portions thereof as are
amended, deleted or modified as set forth in Section 12.103.
Sec. 12.103. Amendments,, Deletions and Modifications- he
following provisions of the Rules and Regulatlons Pertai ing
to the Sanitation of Food Service Establishments (hereinafte
referred to in this Section as "Sanitary Regulations") are
hereby amended, deleted or modified.
A. Rule 1.01(g) of the Sanitary Regulations is hereby
eleted in its entirety and a new Rule 1.01(g)
substituted therefor, which said new Rule 1.01(8)
shall hereafter be and read as follows:
Rule 1.01(g) "Regulatory Authority"
means the Village of Mount Prospect.
CHAPTER 12
FOOD CODE
Subject Article
Incorporatilo n of Food Service SanJ.-tation
Regulations and Amendrnencs -Thereto.***.............
Incorpora.t.ion of Regulation.s.for the
Vend.ing of Food and Beverages and
Amendments
Licenses and
Penalties000004000*06IV
ARTICLE II
INCORPORATION OF REGULATIONS FOR THE VENDING
OF FOOD.AND BEVERAGES AND AMENDMENTS 'THERETO
120-201 Purpose
12.202 Incorporation of Sanitation Regulations for the
Vending of Food and Beverages
12.203 Amendments to Regulations of the Vending of Food
and Beverages
Sec#_12.201., Pu,rp,os,e,,o The Provisions of this Article are
designed to protect the public health, safety and welfare by
prova-ding sanitatiLon regulations governing the sale of food
and beverages through vending machines.
Sec. 12.202. 'Incorporation of Sanitation Regulations for the
Vend of Food'and Bever
For the purpose of establishing
sanitation rules and regulations for the sale of food and
beverages through vending machines, there is hereby adopted -the
1978."&dition of Chapters One thriough and,i'ncluding Five of the Food
and Beverage Vending Machine Ordinance promulgated by the U.S.
Department of Health, Education and Welfare, Public Health
Service, Food and Drug Administration, DHEW Publication No.
(FDA) 78-2091, together with all appendices thereto, except
such portions thereof as are amended, deleted or modified set
forth in Section 12.203.
Sec. 12.203. Amendments, Deletions and Modifications* The
following prov-i'sions, of the Chapters One through Five of the
Food and Beverage Vending Machine Ordinance (hereinafter
referred to in this Section as "Vending Machine Regulations")
are hereby amended, deleted or modified:
As Section 1-102(s) of the Vending machine Regulations
is hereby deleted in Its entirety.and a new Section
1-102(s) substituted . therefor,.....which said, new .
Section 1-102(s) shall hereafter be and read as
Follows:
Section 1-102(s) "Regulatory Authority"
means the Village of Mount Prospect.
ARTICLE III
12.301
Definitions
12.302
License Required
12.303
License Fee
12.304
Access for Inspections
12.305
Report of Inspections
12.306
Notice of Violations
12.307
Correction of Violations
12.308
Suspension and Revocation
12.309
Emergency Suspension
12.310
Notice of Intent to Suspend or Revoke License
12.311
Hearings
12.312
Termination of Suspension
12.313
Application After Revocation
12.314
Procedure If Infection Suspected
12.315
Examination and Condmenation of Food
12.316
Submission of Plans
12.317
Pre -operations Inspections
12.318
Procedure for Service of Notices
Sec. 12.301. Definitions. For the purposes of this Article,
the followingwords shall have the following definitions:
Director: The Director of Health Services of the
Village of Mount Prospect
Establishment: Any location or premises at which the
business of food processing, food
service, retail food sales, or the sale
• or distribution of milk or cream is
conducted.
Sec. 12.302. License Required. It shall be unlawf ul for any
person, f irm or corporation it engage in or do business in the
Village as a food processing establishment, food service
establishment, retail food store or to sell or distribute milk
or cream, without first having obtained a license therefore
pursuant to the provisions of Chapter 10 of the Municipal
Code of the Village of Mount Prospect for each location" at
which said person, firm or corporation engages in or does such
business."
Sec.12.303. License Fee . The annual fee for the licenses re-
quired by thisArtli,cle shall be $30.00 (thirty dollars).
me
Sec. 12.304. 1 A ' ccess for Inspections. Representatives of the
regulatory authority, af ter proper entif ication,. shall be
permitted to enter any establishment at any reasonable time
for the purpose of making inspections to determine compliance
with i this Chapter. The representatives 9hall, be permitted to
examine the records of the establishment to obtain information
Pertaining to food and supplies purchased, re'ceived, or used,
Sec. 12.305. Report of Inspections. Whenever an inspection of,
an establishment is made, the findings shall be recorded on
the pection report form of the regulatory authority. A copy
of that form i s reproduced as Appendix I to this Article. Each
violation shall carry a point value as set forth on the inspection
report form. Inspectional remarks shall be written to reference,
6y section number, the section violated and shall state the
correction to be made. The rating score of the establishment
shall be 100 less the total point value of all violations
recorded on the inspection report form,
Sec. 12.'306. Notice of Violationse
P
A copy of the completed inspection report form shall
be furnished to the person in charge of the establish-
ment at the conclusion of the inspection. In addi tion,
a copy of the completed inspection report form shall
be served upon the holder of the license in the
manner provided in Section 12.318 for service of notices
within three business days of the date of the inspectioni
B. The completed inspection report form shall specify
a period of time for the correction of the violations
found, which shall be such time as, in the opinion
of the representative of the regulatory authority,
is reasonably required, to effect the changes necessary
for compliance. The deadline set for correction of
all violations carrying 4, or 5 point values shall
.be no later than 10 days following inspection and
the deadline set for, all violations c,arry3*.ng 1 or 2
point values shall be no later than 15 days following
inspection.
C. Notwithstanding the above, when the rating score
of the establishment is less than 60, the completed
inspection report form shall require the establishment
to initiate corrective action on all identified
violations within 48 hours.
=a
D. In the case of temporary food service establishments,
the completed inspection report shall require the
establishment to correct all violations within' 24
hours.
E. The completed inspection report form shall state
that failure to comply with any time - limits for
corrections may result in the suspension or - revocation
of the license pursuant to Sectilon 12.308, An
opportunity for a hearing on the 'inspection findings
or the time limitations- or both will be provided if
a written request is filed with the regulatory
authority within ten days following inspection. If
a request for hearing is received, a hearing shall be
held in accordance with Section 12.311.
Sec, 12. 307. Correction of Violations .
I
A. Correction of all violations shall be accomplished
within the period specified in the completed inspection
report form.,
BO ..If the completed 'inspection report form shows the
existence of violations bearing 4 or 5 point values,
within 15 days after the inspection the holder of
the- license shall submit a written report to the
regulatory authority stating that those violations have
been corrected.
C. If the rating score of the establishment is less than
60, within 15 days after the 'inspection the
holder of the license shall submit a written report to
the regulatory authority stating that all violations
have been corrected.
D. If the completed inspection report form shows violations
bearing 4 or 5 point values, or if the rating score
,.of the establishment is below 60, one or more re -inspection,
will be conducted at reasonable time intervals to assure
correction. I
it
Sec,
*INr and Revocation. A license issued under
the provisions of this Article may 'be revoked or suspended by
the Director if the licensee has violated any of the provisions
of -this Chapter. Except as provided in Section 12.309, below,
no license shall be suspended or revoked without notice and a
hearing at which the holder of the license shall be entitled to
be heard in accordance with Sections 12.318 and 12.311. 'jSuch
suspension or revocation may be invoked in addon to the penalties
provided in Article IV of this Chapter. When a license is
suspended or revoked, all operations shall immediately cease.
me
Sec. 12. 309. Emer2e,ncy sus ,2ens ion.
A. Where the alleged violation or violations are of
such a nature or extent that, *14 the opinion of the
Director, the continued operation of the establishment
constitutes an imminent hazard to public health, the
Director of Health Services may, by notice served
in accordance with Section 12.318, suspend a license
without warning.. notice, or hearing. Such an emergency
.suspension shall be effective upon service of the
notice. Whenever a license is suspended under this
provision, the holder of the license shall be afforded
an opportunity for hearing within 10 days of the
effective date of the emergency suspension. The
notice suspending the license shall specify the time,
date, and place of the hearing,
B The operation of an establishment shall constitute
an imminent hazard to public health whenever conditions
exist in tie establishment which in the opinion of the
Director are likely to cause death or illness to members
of the public. Such conditions shall include, but not
be limited to, complete lack of refrigeration, sewage
back-up into the establishment, or the probability of
the transmission of a disease by an employee of the
establishment as set forth in Section 12.314.
Sec. 12.310. Notice of Intent to Suspend or Revoke License.
Notice of the regulatory author lity's intent to suspend or revoke
a license shall be served in the manner provided in Section 12.318.
The notice shall include a statement of the specific reason
for the violation as well as stating the - time, date, and place
ce
of the hearing. Said hearing shall be held not later than 10
days after the service of the notice,
p Iliq 11111, 4�� a
so
V
Sec. 12.312. Termination of Suspension.
A. A license suspended in accordance with the provisions
of this Article shall remain suspended until such time
as the Director determines that the 6onditions on which.,
the suspension was based no longer exist. Once that
determination is made, the Director shall issue a
notice terminating said suspension which notice shall
be served in the manner' provided 'in Section 12. 318, and
which shall be effective upon service.
B. The holder of a license which has been -suspended may,
by written application, request the Dhector to terminate
the suspension of that license. The Director shall
reply to such a request within ten days after receipt
of said request. Such reply may take one of the
:following f orms
1. Notice of terinination of suspension*,
2. Notice denying the request.; or
3. Notice of hearing to determine whether said
request should be granted.
If the Director denies the request for 'Information of
suspension without hearing, the holder of the lidense
may, by written application made within 10 days of the
0
receipt of the Notice denying the request, request a
0
hearing to determine whether the suspension should
be terminated. Such a hearing shall be held within 10
days after the receipt of the request for a hearing.
Sec. 12.313. App,lication After Revocation. Whenever a revocation
of a license has become final, the holder of the revoked license
may make written application for a new license.
Sec. 12.314. Procedu3ze If Infection Su ected, When the
regulatory author,3*.,,ty has reasonable cause to 'Suspect possible
disease transmission by an employee of an establishment, it may
request a morbidity history of the employee in question or make
any other 'investigation as indicated and shall take appropriate
action. Such action may include, but shall u. limtied to,
the following:
1. The holder of the license may be requested
to exclude the employee from employment in
the establishment,
2. The license covering the establishment con-
cerned may be suspended pursuant to the
1.
emergency suspension provisions of Section
12.309, above;
3. The holder of the license may be required
to restrict the employee's services to some
area of the establishment where there would
be no danger of transmitting disease;
•eemployeeemployees
of the establishment y 'be requested, to
submIt to medical borat in
of or, their awr
i W
•
..r .., • i - ! • r i ! it ii ,� ,, , `�
• • ` # • • "" * iii i • • a/I • ' i •
• • • ., • +• .. •" i r0 off,1 04
• • • of Plans.
• r food ! • !
est• • food, service i •retail food store
is constructed or extensively remodeled and whenever
an !
structure is converted tosuch use,properly prepared plans
shalland specifications for such construction, remodeling or conversion
be ! .. # to the regulatory authorityfor •
beforeapproval i i remodeling or i iis,,begjun.
The plans r d specifications shallindicate
materialsarrangement, mechanical plans and construction
areas, and the type and model of proposed fixed equipment facilities.
The Director shall approve the plans and specifiCations if they,.
meet e requirements
iL
Chapter. No establishment shall
be constructed, extensively remodeled or converted except 'in
accordance plans . •specifications approved i Director.
-7-
Sec.Prje-02e,ration,s Ins7g)ections. Whenever plans and
specif ications, are required by Section 12. 316 of this Article
to be subm'A".tted to the regulatory authoriety,■
the regulatory
authority shall inspect the establishment prior to the start of
operations, to determine compliance withthe requirements of tJiis,
Chapter*
Sec. 12.318. Procedure for Service of Notices. A notice pro-
vided for in this Article is properly served when it 'is delivered
in person to the holder of the license and to the person in charge
of the establishment', or when 'it is sent by registered or certified
mail, return receipt requested, to the last known address of th-
e. e of the license. A copy of the notice shall be filed in
the records of the regulatory authority.
U
MOUNT PROSPECT DEPARTMENT
O O; SERVICE ESTABLISHMENT INSPECTION REPORT r Nr
NAME OF ESTABLISHMENT ADDRESS
INSPECTIONBUSINESS LICENSE NO. REASON FOR
COMPLAINT -OTHER
O ESTABLISHMENT DATE OF INSPECTION TIME AM
Pff
RECEIVEDBased on an inspection this day, the items marked below identify the violation in operation or facilities which must be corrected by the next routine
inspection or such shorter period of time as may be specified in writing by the health authority. Failure to comply with this notice may result in immedi
ate suspension of your permit. * Indicates critical items requiring immediate correction.
Temperatures-, Hot Water Sanitizing Hot Foods 1
REPORT AND INSTRUCTIONS
SANITATION(Signature of Owner or Representa-tive)"--
THIS REPORT MUST BE POSTED ON PREMISES
BY i ri
Health Department i
NAME OF ESTABLISHMENT
— ADDRESS
PERSON INTERVIEWED
TITLE,
PHONE
BUSINESS LICENSE NO.
REASON FOR INSPECTION
ROUTINE REINSPECTION
It
—COMPLAINT
—OTHER
TYPE OF ESTABLISHMENT
DATE OF INSPECTION
TIME — AM — PM
Based on an inspection this day, the items marked below identify the violation ioperation r facilities i st be corrected by the next routine
inspection or such shorter period of time as may
be specified in writing by the health authority. Failure to
comply with this notice may result in imme-
diate suspesion of your permit. *indicates critical items requiring immediate r i .
'ITEM
X WT
DESCRIPTION
ITEM X`
T
DESCRIPTION
I
X T!DESCRIPTION
FOOD
17
Accurate Thermometers, Chemical
Test �uP�V'ei�e� Provided, Gauge Cock
� DISPOSAL
'*01
5
Sound Condition, No
Sonia
X14 ��33
g a
2 Containers r Receptacles, les, Covered:
18
1
Pre -flushed,, Scraped, Soaked,
Adequate Number, Insect/Rodent
02
1
Original Container, Properly
Racked
roof, Frequency,, Clean
Labeled
19
rs Rinse water. Clean, Proper
34
1
„.,.,
Outside Storage Area Enclosures
nature
Properly Constructed, Clean;
� 03 5
FOOD PROTECTION
Temperature equ�re-
Food' Meets Tempe
*20
4 Sanitization Rinse: Gleam
Terni era'ture co no n,
p�
Controlled Incine�r�ation
� oras �
rnents� During St ,, Preparation
��
Te, c
E,pnosure ,Equipment,INSECT
RODENT' ANIMAL
Duspl,ay, Transportation
Utensils Sanitized
CONTROL
*04 4
Facilities to Maintain Product
21
1 Wipin Cloths: Clean Restricted
'
*35
4
Presence of Insects/ o Vents - Outer
Temperature
Store
Openings Protected. Animals
05 1
> Thermometers Provided And
22
2 Food Contact Surfaces Of
Conspicuous, Accurate
Equipment and Utensils Cl�rl,
CEILINGS'
Free of Abrasives, I etergenf
.
06
2
Potentially Hazardous Food
yy
,,,�,�,
36
1
loons: Cone tr�ucted, Drained,
Properly Thawed
23
1 Mon -Food Contact Surfaces Of
Equipment Utensils Clean
Clean Good Repair, Covering
07
2
'Potentially Hazardous Food Not
.And
NiNta.I�ation� �Dust1-� Cleaning
letNcnd;s
Thawed Then Refrozen
24
1 Storage, Handling f Ian
* 08
4
tiDispDurl g
ng,
p iprnerut/t�.... s 37
din
C Attached puipment:
1 WallConlsi� cted Go Clean,
Good Re,pa
�stt
r a is
� , lad,,
25
Single -Service Articles,
Surface ss Clearnilr,
s. Du�� �, �� ng
Trans'l ortation Meturned
Merchandise]
--
Handling
�
� Met' ods
26
2 No Re -Use Of Single -Service
09
2
Handling of Food Minimized
Articles
LIGHTING
10
1
in Use Food Dispensing Utensils
Propo Stored
WATER 38
1 Lighting Provided As Required, [
y
X27
5 water Source; Safe, Hot And Cold, J
Fixtures Shielded
PERSONNEL
Under Pressure
VENTILATION
*11
5
Personnel with Infections
SEWAGE
39
1 s And Equipment Vented
Restricted
*28 4 Sewage And Waste Water Disposal
As Required
*12
5
Hands Washed And Clean, Good
PLUMBING
DRESSING ROOMS
Hygienic Practices
13
1
Clean Clothes, Hair Restrained
29 1 Installed, Maintained
Rooms lean, Lockers Provided,
Facilities Clean, L��m�o ated,, Used
1
�, 30 5 Cross -Connection, Back Si , _
FOOD EQUIPMENT ,& UTENSILS j ;
backflow
OTHER OPERATIONS_
_
14
2
Food Contract Surfaces. Designed,�
TOILET FACILITIES & *41
HANDWASHING FACILITIES
�Labeled,
5Necessary
Stored, Toxic Items Properly
Used
Constructed, Maintained, Installed,
Located
* 31
Convenient,Accessible,1Premises
umber,l......
Maintained Free f Litter,
15
1 ��
�
on -Food Contact surfaces.equipment,
Designed, Installed
..�
Unnecessary Articles, Cieani�ng,
Ma�lriterian,a �,Pro eI
r Y
resigned, Ccnnstructed, Maintained,
32
2 Toilet Rooms Enclosed„ Self.
Stored,, Authorlae Personn,e
installed, Located
Cloning Doors, Fixtures, Good
16
tDesigned,
lepai sSs. Cleanser,
S tadTowei ; iue HadLlvinfeepN4
fir
Com..
mplete Separation
Quarters, s, L
aundry
ons ucte Maintained Installed,
ingDevis Provided, roper
_ _
°
Located, Dpdrated,
waste Receptacles
1.=LLI n, Soiled Properly tore
Temperatures: Meat Display Cases
Open Display Cases Frozen Food Cakes Walk-in Cooler
ITEMS�7 REMARKS AND RECOMMENDATIONS FOR CORRECTION
REPORT AND INSTRUCTIONS RECEIVED BY
...... �,
(Signature _ Owner or Representative)
SANITATIONTHIS REPORT MUST BE POSTED ON PREMISES
_ minusDemerits)
BY
Health Department Representative f
ARTICE IV
PENALTIES
SECTIO
12.401 Fines
12.402 Injunctions
Sec 12.401.F' Any person firm or corporati
ion coviced.
of a violation o any of the provisions of this Chapter shall be
punished bya fine of not less than ten dollars ($10-00) nor
more than five hundred dollars ($500.00) for each offense.
A separate off ens e , shall be deemed to have been committed for
each day a violation occurs or continues.
Sec. 12.402. l�nuncto�ns The regulatory authority may seek
to en*din viola ions .of t is Chapter,
SECTION TWO:, If any part or parts of this -Chapter shall be
held, to be unconstitutional or otherwise invalid., such
unconstitutlionality or invalidity shall not affect the
validity of the remaining parts of this Ordinance and
to that end, the provisions of this Ordinance are deemed
to be severable.
SECTION THREE: This Ordinance shall be in full force and
effect from and after its passage, approval and publication
in pamphlet form in the manner provided by law,,
Passed this -, day of 1, 1980.
AYES:
NAYS:
W4XV-6
Approved this day of 1980.
Approved:
Village President
Attest:
Village Clerk
AIN` OT-DI"'NCE AMENDINIG ARTICLE XI OF CHAPTER
11 OF THZE VILLAGE OF MOUNT, 'PROSPECT MUNICIP
OAL
CDE (TAXICAB AND TAXICAB DRIVER'S LICENSES)
BE IT ORDA114ED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS AS FOLLOWS -
41
SECTION 0!N, -'E*- The second paragraph, of Section 11.1,125 be, and the,
ereby, amended by inserting in, sa,' ,
Id second paragraph of
said, Sect1c),n, between lthe words "like" and "be"' as they now appear
in, said second paragraph of said Section, the language"
causes',
r
except, that no license shall, be revoked until the, licensee, shall
have been given a reasonable opportunity to," so that the second
paragraph of said Sectlon shall hereafter be and read as follows:
The Village Manager is authorized to revoke such
licenses upon the -recommendation of the Chief of
Police for like causes -'except that no license
shall be revoked untilthelicensee shall have been
given a reasonable opportunity to be heard in his
own behalf.
SECTION TWO,: Section 11.1126 of Article XI of Chapter 11 of the
Municipal Code of the 'Village of Mount Prospect be., and the same
is herebyr amended by deleting subsections A and B of said Section
C.Md Substituting theriefor new subsections A and B of said Section;
wh4Lch said new su'bsec1L-)io,1-1,R shall h-mrea-ft-er be and read as follows:
A One Dollar (�1.OGI for the f _J r s t three -tenths
OL a mile or fraction thereof for one
passenger.
Ten cents ($.10) for each additional one-tenth
mile or fraction thereof over and above the
first three -tenths of a mile for one (1)
passenger.
SECTION THIREE Section 21.12,27AI be, and the same is hereby,
amended by deleting therefrom the language, "after mailing written
notice of the date, time, place and taxicab rate increaseproposed
to each taxicab licensee and after publishing notice thereof in
a newspaper of general circulation within the Village at least
fifteen (15) days prior to the meeting at which the taxicab rate
increase shall be considered," .so that said Section shall here-
after be and read as follows:
The Public Health and Safety Comn.ittee of the
Board of Trustees of the Village of Mount Prospect
may on its own initiative by majority vote of such
Committee recommend that the President and Board
of Trustees of the village consider a taxicab rate
increase. If the President and Board of Trustees
concur in the recommendation of the Committee, the
Board shall consider such proposed taxicab rate
t
increase at a regular or special meeting of the
Board. The President and Board of Trustees shall
consider the proposed taxicab rate increase and the
procedure shall be the same as for the -consideration
of any other ordinance of the Village which does not
require a public hearing.
E C 1I N F 0 F% Se.,-,tion 11.1127"15,3 be, an3 the same is hereby,
amended by deleting therefrom the last sentence of said Section,
so that said Section shall hereafter be, and read as follows:
3. The Public Health and Safety Committee shall hold
a hearing on the requested rate increase and
shall determine by majority vote whether to
recommend to the President and Board of Trustees
that a rate increase is appropriate and, if so,
the amount of such increase. In its deliberation
the Committee may request and the applicant shall
provide the Committee with any and all information
and documents the Committee deems relevant.
SECTION FIVE: This Ordinance shall be in full force and effect
and after its passage, approval, and publication in the
manner provided by law.
Passed this day of 1980.
AYE S.-
NAYS.-
ANSENT:
Approved this day of 1980.
Village Clerk
IBM=*
�' 2 -
Village President
AN ORDINANCE AMENDING SCHEDULE VI
OF THE MOUNT PROSPECT TRAFFIC CODE
- I
WHEREAS, the President and Board of Trustees of the Village of Mount Prospect
have determined that it is in the best interest of the residents of the
Village of Mount Prospect to prohibit parking at any time in the alley
specified below.
NOWt THEREFORE, BE IT ORDAINED by the President and Board of Trustees
of the Village of Mount Prospect, Cook County, Illinois, as follows:
SECTION ONE: Schedule VI of Article 20 of Chapter 18 (Traffic Code) of the
Municipal Code of the Village of Mount Prospect be.. and "the same is hereby
amended by inserting the langauge "alley," between the words "described" and
1"streets"" as they appear in the preamble of said Schedule VI, and by adding
the language "and alleys" to the preamble of said Schedule VI, so that said
preamble shall hereafter be and read as follows:
In accordance with Section 18.1315, and
when signs are erected giving notice
thereof, no person shall at any time
permit a vehicle to park upon any of the
following described alleys, streets or
parts of streets and alleys:
SECTION TWO: Schedule VI of Article 20 of Chapter 18 (Traffic Code) of the
Municipal Code of the Village of Mount Prospect be, and the same is hereby
amended by adding to the present Schedule VI, under the column headed "Name
of Street" the language "Alley entered from Wa Pella Street 119.98 feet
south of West Central Road" in its proper. alphabetical sequence and under the
column- headed "Side of Street" of said Schedule the words "North & South"
opposite to "Alley entered from Wa Pella Street 119.*98 feet south of West
Central Road", as it appears in said Schedule, and under the column headed
"Description" of said Schedule, the language "The first 155.62 feet west of
Wa Pella Street" opposite to "Alley entered from Wa Pella Street 119.98 feet
south of West Central Road", so that said addition shall hereafter be and
read as follows:
Name of Street Side of Street Descr_iption
Alley entered from North & South The first 155.62 feet
Wa Pella Street 119.96 feet west of Wa Pella Street
south of West Central Road
SECTION THREE: This Ordinance shall be in full force and effect from and
after its passage, approval and publication in the manner provided by law.
Passed this day of 1980.
AYES:
NAYS:
PRESENT:
Approved this day of 0 1980.
ATTEST:
Village Clerk
0
Village President
6
N,
VillagiL -Ill Mount Prospect
Mount Prospect, Illinois X
11
INTEROFFICE MEMORANDUM
■ MAYOR a BOARD
FRO14 TERRANCE L. BURGHARD , VILLAGE MANAGER
DATE August 27, 1980
SUBJECT Rana & Central Engineering Request
rt
tYYw �
rt ,
1� • f •
Ila 0,
a means an
As an as
,
• O 11 fi r 11 *� • *` g1r
In reviewing the matter once again subsequent to the Committee's
acts , I. must 'reluctantly,admit that Metcalf &Eddy's claim
appears usi ie �, The, te-rms of the contract do not place
responsibilityl fortiming, of' the .project -with engineering.
firms and the construction expenses incurred in the field,
31 • e. , sub ra in plaza entrance , additional signals, fencing
and the, Central Road,entrance were substantial expenses authorized
jointly by the Mate, the Village and the Federal Goverment. I
believe that my office erred firstly in of brining the expenses
toth oar-directlyo . a timely osis and secondly .n of
bringing, to, your' attention the eng .neers request, of December,
1979, whereby they brought to, our attention the need for a
-.reassessment t of engineering fees. The engineers acted prurusant
sen -to the contract in my opinion and we delayed response..
I , therefore, reconmend that they be 411olt full reimbursement
as requested. •
TERRANCE, L. BUR.GHARD
TLB jcdf
Attachment
Suite 500, 1011 Ea<. y Avenue
Des Plaines, Illinois .8 312/298.5070
Metcalf & Eddy, Inc.
Engineers & Planners
August 26, 1980
Carolyn H. Krause, Mayor
Village of Mount Prospect
100 south Emerson
Mount Prospect, Illinois 60056
Dear Mayor Krause:
Speaking on behalf of Metcalf'& Eddy, we are deeply concerned
by some of the reactions of the- Village's Public works Com-
mittee in - suggesting that Metcalf & Eddy be penalized for the
slow progress by the construction contractor on the essentially
completed Rand -Central project. We are very firm in our opinion
that our request for additional fees is just, and that our con-
duct throughout the project was both professional and represent-
ing the best interests of the Village.
Reflecting upon that presentation before the Public Works
Committee, and on the reactions of the Committee, it struck
methat the problem may be a misunderstanding of our con-
tractural responsiblity to the Village, as well as the
individual responsibilities of the State of Illinois and the
Village.
Briefly stated, the following points are contractually
accurate:
*The State of Illinois and the Village select a contractor
through the public bidding process.
*The Village must appoint an employee as Resident Engineer
who shall be in responsible charge and, direct control of
the project -at all times,
'The Village hires an Engineer to assist the Resident
Engineer in the control of the project under the
Resident Engineer's direction, and to provide field
engineering services including construction surveys,
staking, inspection, project quality control testing' -J,
measurement, computation and documentation of quantities,
reporting, and record keeping for all construction work,,
BOSTON NEW YORK PALS? ALTO
Mayor Carolyn H. Krause
August 26, 1980
�q
The basis of payment by the Village to the Engineer for these
services is computed on the time spent, by the Engineer and
-its staff, in providing these services. In arriving at the
maximum amount of total fee to be paid under the agreement,
the scope of work of the construction contract, as bid, and
the contractually stated number of working days in the con-
struction contract are key factors.,
Metcalf & Eddy's agreement with the Village allows for ad-
justments in that maximum amount under certain conditions.
Specifically, one condition is where substantial changes
in the scope, character, and total cost of the construction
project exists. We would submit that the approval by the
Village, State and Federal authorities of a 30 working day
extension (20% increase in the original time limit) and
$270,000 in additional construction work (13.7% increase
in the original bid price) constitutes substantial changes
in the scope, character, and total cost of the construction
contract. It was on this basis that our request for a fee
increase was submitted.
To insure that the Village consciously decides to exceed the
contractual maximum amount in the Engineer's agreement with
the Village, the agreement further provides that when the
monies due the Engineer are equal to ninety percent (90%)
of the maximum amount stated in such agreement, the Engineer
must submit, to the Village, an estimate of the costs of
services required of the Engineer to complete his obligations
under the Agreement. Metcalf & Eddy took this appropriate
action in the form of a letter dated December 20, 1979.,
Upon receipt of this submittal, by the terms of the Agreement,
the Village is required to answer within 10 days with one of
the following directions:
1. Stop► work when monies due the Engineer equals the
maximum amount to be incurred under the terms of
the agreement,
2. Continue work in accordance with the terms of a
supplemental agreement.
Mayor Carolyn H. Krause
August 26, 1980
91
Inspite of numerous requests, the Village failed to comply
with the above, and we reached the 'Maximum amount of total
fee under our agreement in April, 1980. At that point,
it would have been entirely appropriate for Metcalf & Eddy
to terminate its efforts and turn in all records and docu-
ments to the Village. However, due to the prior relation-
ships that we have had with the Village and its professional
staff, and the communications with the Village staff during
this project, we were left to understand that the Village
recognized the situation and would compensate us for continuing
to provide services through to the project's completion.
It was stated at the Public Works Committee meeting that
Metcalf & Eddy did not effectively control the progress
of the construction contractor, and this is one reason for
the time (cost) over -run. It should be noted that Article 2
of the agreement sets forth the duties which Metcalf & Eddy
agreed to perform in fourteen specific paragraphs. In none
of these does it say that the Engineer will control the
progress of the contractor. We were not retained to do
this. Nor were we given the responsibility esponsibility or the authority
from the Village or the State to exercise control in any
manner over the way that the contractor schedules his work
force or his equipment.
However, we have taken numerous actions on our own initiative
to improve job progress, such as:
1. Scheduled weekly progress meetings.
2. Recommended by letter that the contractor remove
his sewer sub -contractor due to poor performance,
The contractor later did this.
3. Contacted sub -contractors directly to schedule
and coordinate their work. This is clearly not
our responsibility.
4, Contacted State officials on numerous occasions
to take action within their power to get the
contractor to perform*
5. Arranged meetings with State, Village, and con-
tractor personnel on several occasions to obtain
commitments from the contractor regarding his
scheduling.
Mayor Carolyn H. Krause
August 26, 1980
P
These and other efforts beyond our agreement requirements
can be verified by your Village Engineer.
Based on the conditions of substantial changes in the scope,
character and the total cost of the construction project,
Metcalf & Eddy is entitled to be compensated for all costs
incurred as well as to an upward adjustment in.the lump
sum for profit. Because of our prior relationship with
the Village, we elected to only recover our costs and to
not ask for an additional sum for profit.
To summarize, we have fulfilled the duties as set forth
in our agreement in a competent and professional manner,
and our resident engineer has, in particular, gone beyond
his authority to expedite the project completion. We, tOOr
were far from satisfied with the progress of the contractor,
but did everything within our restricted means to expedite
progress. For the additional work and 30 working day time
extension granted the contractor, we are requesting a fee
increase to cover our additional costs incurred in providing
layout, inspection, and documentation functions as required
by our agreement and the State of Illinois Standard Specifica-
tions,
We would welcome the opportunity to meet with you and answer
any questions you may have.
Very truly yours,
METCALF & EDDY, INC.
CL Richard A. Gatti
Regional Vice Pr9ei"'dent
Movelff-orl
ORDINANCE NO.
AN ORDINANCE A-M!ENDING THE SIGN
ORDINANCE OF THE VILLAGE OF
MOUNT PROSPECT
SECTION TWO: Section 9.406 of Article IV of Chapter 9 of the
Municipal Code of the Village of Mount Prospect be, and the same
is hereby, arrended by adding thereto in its proper alphabetical
sequence the following language:
Identification Sign. A sign giving the name and, if
desired, r --)f a development consisting of at'
least five business establishments and located on a lot
or lots of at 1,east 20 acres. Such sip may be -wholly
or partly devoted to a, readdly recoqnizabIe logo,
trademark or, -mac. identifying symbol.
SECTION THREE: Section 9-407H of Article IV of Chapter 9 of the
Municipal Coil'e of the Village of Mount Prospect be, and the same
is hereby, amended by renumbering and relettering the existing
subparagraphs of said Section to the following:
'Section 9..407HO* Signs in Industrial District:
1. Within the I-1 Industrial Dist--lict and the 1-2 Railroad
District signs are permitted subject to the following
regulations: I
a. The total surface of all business signs on a lot
shall not exceed four (4) square feet for each
lineal foot of building frontage in the I-1 Industrial
District and two (2) squalre feet for each lineal foot
-2 Railroad District.
of bul lding frontage in the I
b. Advertising signs shall be permitted only upon unlim-'
proved lots in the 1-1 District and shall not be per -
nutted in -the 1-2 District. Advertising signs, I n the
I-1 -Dist I*,ct shall be as regulated in the B-3
Business District.
C. Pro lecting signs provided the same do not project
more than thirty six 'Inches (36") from any building.
Shall not extend over property line.
2. Shall not exceed. the sum of sixteen (16) square
feet.
d. The height provisions of the B-3 Business District
shall apply to the industrialdistrict."
and adding to said Section a new subsection 2 containing the fol-
lowing language:
"2. In the I-1 Light Indus'trial District identification sians
shall be permitted subject to the following. -
a Such signs shall be no more than twelve (12) 'feet in
height measured from the grade of the curb.
b. Such signs shall be no larger than 120 srrivarom_
feet per sign face provided, however, that in
any development pment which exceeds 120 acres, an
additional ons square -foot per sign face 'shall
be permitted 4fn.i each additional acre of such
o
development up,to,i,.;maxi umpf 30Q square feet
XM
per 5ign,.
c. Such signs may be illuminated Airectly or lindirectl
provided that the source of such illumination canno
be seen from any residence or residential area. I
d. The Iocation of ground identification signs shall
be subject to the following. -
1. Such signs shall be set back at least twelve
feet from each lot l•
ine of the property on
which such sign is located provided, however.,
that such signs located on corner lots shall
not be located within a triangle formed by
connecting the property lines of suph corner
lot which abut any two
rid ht-of-wav lines of
any intersect 4An-_--,r st-Lects. The of the
�, - Y
trianple leg alor such L
9
shall be (25) feet.
3
2. Such signs may be located in public right-of-
way if authorized by the, President and Board
of' Trustees provided, however, that no so such
SJ.gn shall be located in public right-of-way
if the President and Board of Trustees
determine that such sign would obstruct, impair
or interfere with traffic or sight of traffic
and further provided that the Village may
revoke any such authorization given pursuant to
this provision at any time and further provided
that the owner of such sign shall enter into
a release and indemnification agreement acceptable
to the Village Board and Village attorney prior
to the erection of any such sign which is
authorized.
so that said Section, shall hereafter be and read 'as follows-:'
"Section 9.407H. Signs In Industrial Dist.-ict:
1. Within the I-1 Industrial District and the 1-2 Railroad
District signs are permitted subject to the following
regulations:
a. The total surface of all business signs on a lot
shall not exceed four (4) square feet for each
lineal foot of building frontage in the I-1 Industrial
District and two (2) square feet nor each lineal foot
of building frontage in the 1-2 Railroad District.
b. Advertising signs shall be permitted only upon unim-
proved 'lots in the I-1 District and shall not be per-
mitted in the 1* 2 District. Advertising signs in the
1-1 District shall be as regulated in the B-3
Business District.
C. Projecting signs gns provided the same do not project
more than thirty six inches from any building.
1. Shall not extend over property line.
2. Shall not exceed the sum of sixtten (16) square
feet.
d. The height ' provisions of the B-3 Business - District
shall apply to the industrial district.
2. In.the I-1 Light Industrial District i'dentification sigts
shAll be permitted subject to the follo4iing:
Such signs shall be no more than twelve (12) feet in
height measured from the grade of the curb.
b. Such signs shall be no larger than 120 square
feet per sign face provided, however, that in
any development which exceeds 120 acres, an
additional one square foot per sign face shall
be permitted for each additional acre of such
development up to a maximum of 300 square feet
per sign face., •
C. Such signs may be illuminated directly or indirectly
provided that the source of such illumination cannot
be seen from any residence or residential area.
Attest* Village Presi ent
VIFW__
illage cler
- 4 -
d.
The location of ground identification signs shall
be subject to the following:
Such signs shall be set back at least twelve
feet from each lot line of the property on
which 'such sign is located provided, however,
that such signs located on corner lots shall
not be located within a triangle formed by
connecting the property lines of such corner
lot which abut any two riLght-of-way Lines of
any, Intersecting streets. The length of the
4
.triangle leg measured along such property
lines shall be, twenty-five
2. Such signs may be located in public right-of-
way if authorized by, the President and Board
of - Trustees Provided, however, that no so such
sign shall be located in public right-of-way
if the President "and Board of Trustees determine
that such sign would obstruct, impair or
interfere with traff"
ic or sight of traffic and
further Provided that the Village may revoke
any such authorization given pursuant to thi
provision at any time and further provided
that the owner of such sign shall .enter into a
release and indemnificati
ion agreement acceptable
to the Village Board and Village attorney prior
to, the erection of any such sign, -which is
author ized.
S.E.84C"'TION FOUR,:
arhis Orli 'iin-inc(a shAII to Y* n full for% -..e and effect
from, and a. ter
lits passage, approval and publication in the manner
provided by law,
Passed this
day of 19800
AYES -
,NAYS:
ABSENT,
Approved this
day of 1980.
ApProved.-
Attest* Village Presi ent
VIFW__
illage cler
•
ORDINANCE NO.
11019600-M►MDR*
REAS.. Section 6 (a) of Article VII of the Constitution of the
State of Illinois (1970) provides that any municipality which has
a population of more than 25,000 is a Home Rule Unit. The Village
of Mount Prospect, with a population in excess of 25,000 may, there-
fore, exercise any power and perform any function pertaining to its
government and affairs; and
WHEREAS, the sale of real property owned by the Village of Mount
Prospect pertains to the government and affairs of the Village of
Mount Prospect; and
'WHEREAS, the President and Board of Trustees of the Village find
that it would be in the be'.dit interedt of the Village to establish
procedures for the sale of real property owned by the Village;
NOW, THEREFORE, BE IT ORDAINED by the President and Board of Trustees
0
of the of Mount Prospect, Cook County, Illinois as follows:
SECTION ONE: The President and Board of Trustees of the Village
MOunt Prospect shall authorize the sale of any real property
owned by the Village of Mount Prospect by adopting an ordinance
providing therefor. Such ordinance shall contain at least.the
following-.
A-. the names of the purchasers of the property;
B. the legal description of -the property;
C. the purchase price of the property;
D. a finding by the President and Board of Trustees of
the Village that -the purchase price -to be paid for
the property is fair, reasonable and just;
E. the real estate contract for the purchase of the property.
SECTION TWO: The Ordinance authori,zing the sale of real property
.owned by the Village of Mount Prospect shall be adopted by a majorit-1.14
-vote of the corporate authorities,
SECTION THREE: This Ordinance No shall be in full force and
effect after -its passage, approval and ��u lication in the'manner
provided by law. I
. Passed this day of 1 1980.
AYES:
NAYS:
Approved this day of 0 1980.
Village President
11age Clerk
8/26/80
ORDINANCE NO.
AN ORDINANCE AMENDING SECTION 11.3101E OF THE
VILLAGE OF MOUNT PROSPECT MUNICIPAL COLE
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE
OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS AS FOLLOWS:
SECTION . {ONE : Section 11.3101B of Article XXXI of Chapter 11 of the
Municipal Code of the Village of Mount Prospect be, and the same is
hereby, amended by adding to said Section, the language "and a copy
of a certificate from the Illinois Commerce Commission authorizing
said applicant to operate such business" at_the end of the current
Section 11.3101B, so that said Section shall hereafter be and read
as follows:
Section 11.3101
B. No license shall be issued to an applicant
hereunder until he shall have deposited
with the Village Clerk insurance policies
of the type and in the amounts required in
Section 11.1108 and a copy of a certificate
from the Illinois Commerce Commission
authorizing said applicant to operate such
business.
SECTION TWO: This Ordinance shall be in full . farce and effect from and
after its passage, approval and publication in -the manner provided
by law.
Passed this day of , 1980.
AYES:
NAYS:
ABSENT:
Approved this day of 1980.
Approved.
m •
Village President
.Attest:
Village Clerk