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IV
COMMITTEE OF THE WHOLE
MINUTES
April 10, 1990
The meeting was called to order at 7:48 p.m. Present at the meeting were Mayor
Gerald L. Farley, Trustees Ralph Arthur, Mark Busse, Timothy Corcoran, Leo Floros,
George Van Geem and Ted Wattenberg. Also present were Village Manager John Dixon,
Finance Director David Jepson, Planning & Zoning Director David Clements, Deputy
Public Works Director Glen Andler, Forester Sandra Clark and Environmental Health
Inspector Robert Roels. Also present were thee members of the news media and
approximately 35 residents.
The minutes of the Committe
with the following change:
Division, the statement by
budget as presented and I
Services."
Citizens to be Heard
e of the Whole meeting.of March 27, 1990 were accepted
On page 3 under the discussion of the Human Services
Trustee Corcoran should read "I do support the whole
concur with the recommendation to not fund Omni Youth
Mayor Farley announced that no action was required on the matters that were
discussed in the Executive Session that was held at 7:00 p.m. He also announced
that any discussion of the Real Estate Transfer Tax would take place during the
regular Village Board meeting on April 17, 1990.
No one at the meeting addressed the Committee.
Sandra Clark, Forestry/Grounds Superintendent, presented a very thorough discussion
regarding Village pesticide policies. The presentation contained information
regarding the nature of pesticides, the current use by the Village and a review of
pesticide -related laws. Mrs. Clark stated that during 1989 the Village used 34
gallons of liquid pesticide. concentrate and 857 pounds of granular pesticide. She
concluded her remarks by mentioning the consequences of banning the use of
pesticides, and the possible problems related to an attempt at further regulating
the use of pesticides at the municipal level.
Committee members questioned Mrs. Clark regarding the use of pesticides by lawn care
services and the requirements for notification. Sandy mentioned that they must post
a sign on the property and pre -notify ,anyone in the neighborhood who has requested
to be notified. Environmental Health Inspector Bob Roele mentioned that the Village
has received only one complaint regarding the application of lawn chemicals.
Trustee Floros stated he would like to see the Village's policies regarding
pesticides put in writing.
Isadora Tavens, president of PEEP (People to Eliminate Environmental Pesticides)
appeared before the Committee and expressed her concern regarding the use of
pesticides by the Village and by residents of the Village. She stated that most
commercial pesticides are dangerous to use and are a present and a future danger
for humans and animals and fish. She requested that the Village strictly regulate
the use of pesticides and the times when they can be applied. Ms. Tavens stated
that specifically she was requesting the following:
1, The Village should set the example by restricting the use of pesticides.
2. There should be specific pre -notification requirements whenever
pesticides or lawn chemicals are applied.
3. Application of pesticides and lawn chemicals should be restricted to
week days.
George Luteri, 302 South I -Oka then addressed the Committee. He stated that he had
a Ph.D. in Chemistry and had extensive experience in chemicals used in pesticides
and herbicides. He discussed the process that is used to test any chemical before
it is approved for general use. He stated there is no such thing as a non-toxic
substance and most decongestants are more toxic than the pesticides that are in
general use. He added that a number of Villages have established a central registry
for residents who are extra -sensitive to chemicals.
The Committee then discussed the issues that were presented and heard further
comments by Xavier Swamikanna who also has a Ph.D. in Chemistry, Janet Hansen of
the Mount Prospect Chamber of Commerce and Jerry Clauser. The Committee then voted
to proceed with a Village map which would include any resident who had a sensitivity
to chemicals and which would be made available to all lawn care companies. A
recommendation to assist the State with enforcement of toxic substance laws was
rejected by the Committee.
V Boxwood Drive Street Improvement Project
Planning & Zoning Director David Clements reviewed the Boxwood Drive Street
Improvement Project with the Committee. He stated the project started a little over
a year ago with the proposal to resurface Boxwood Drive. After discussing the
proposed resurfacing project with the Boxwood Advocacy Group, a request was made
to expand the project to include curbs and gutters and additional parking. The
expanded project would change Boxwood Drive to one-way and by realigning the
parking, it would add 44-47 spaces. Bruce Levin, one of the board members of a
homeowners association, stated that the group he represented supported the one-way
streets and the expanded project.
The Committee discussed the implications of the one-way street, street lighting and
less expensive options. They then concurred with the expanded project as presented.
Planning & Zoning Director David Clements presented proposed landscape guidelines
for new non-residential development or substantial improvements to a development.
The guidelines have been reviewed by the Plan Commission and they believe the
proposed guidelines will be an important addition to the Development Code. Mr.
Clements commented that the guidelines give clearer direction to developers and
should minimize ambiguities and arbitrary decisions.
The Committee agreed that the guidelines would give better direction to developers
and agreed to consider the ordinance change at a regular Village Board meeting.
Village Manager John Dixon explained the provisions of a proposed ordinance to
regulate the sale of tobacco products within the Village. The provisions are
outlined in a memo from Everette Hill dated October 30, 1989 and focus on the sales
and purchases of tobacco products. by a person under the age of 18, and the sale of
tobacco products within 100 feet of any school or recreational type of facility.
Trustees Wattenberg and Floras stated they did not believe the Village should be
involved in regulating these matters. Trustee Van Geem said he supported local
control which does not go beyond State regulations. Specifically he said he did
not support the provision for a locking device on a vending machine to prevent a
minor from purchasing tobacco products from a vending machine. Trustee Busse said
he was concerned about limiting sales by a minor. He said it would be a hardship
to many businesses. Mayor Farley said he would like to see the text of the
Schaumburg Ordinance which contains similar provisions.
Janet Hansen of the Mount Prospect Chamber emphasized the problems that would occur
if sales of tobacco products could only be made by persons over 18. She said that
in certain retail businesses it is difficult to get employees over 18 and this
restriction would require an adult to be on the premises at all times. She added
that State regulations restrict sales to minors, but they do not limit sales by
persons under 18. She continued that it was important to have the proper signs
posted in the business establishment and the Chamber would support the distribution
of educational material.
Mayor Farley concluded that there was general support to prepare an ordinance for
consideration which included the points in Mr. Hill's memo with the exception of
items 3 and 6 (Prohibition of sales by anyone under 18 and prohibition of sales
within 100 feet of a school or recreational building).
VIII Discussion o. Recall OrAinance
Trustee Corcoran stated that he proposed that a Recall Ordinance be added to the
Village Code to have a procedure for removing an elected official. He mentioned
that there are provisions for removing a Congressman, a Senator and the President,
but not for a Mount Prospect elected official. He stated.that similar ordinances
in Arlington Heights and Wheeling have strong safeguards and cannot be used
frivolously. He concluded by saying he thought it was a way to strengthen the
responsiveness of local government.
Mayor Farley stated he had serious reservations abut the need for an ordinance like
this. He said there are provisions in State Statutes to cover malfeasance in office
and anyone convicted of a crime. He added that there were few communities which
have a Recall Ordinance.
Trustee Arthur said he is highly in favor of a Recall Ordinance which includes tight
controls and is well worded. He stated that he believes elected officials should
be accountable and that he had faith in Mount Prospect residents that it would be
used judiciously.
Trustee Van Geem commented that he did not see the need for a Recall Ordinance.
He thought that the other Board members could overcome the effects of a Board member
who was not performing up to expected standards. He said he was not comfortable
with potentially damaging the reputation of an elected official and could not
support it without strong safeguards.
Trustee Floros stated he had no problem with a Recall Ordinance if the safeguards
were strong enough. He cited the Rand/Euclid decision as one that could potentially
irritate enough residents to seek to recall someone who did not vote their way.
Trustee Busse said he thought the present system was working fine and he preferred
staying with what we currently had,
Trustee Wattenberg said he thought it was the silliest proposition he had ever heard
and that he has never seen a more preposterous ordinance.
Paul Hofert said he thought we should give the citizens the right to remove someone
who is not doing their job. He added he does not see what there is to fear.
Janet Hansen said that she has observed that it is easy to get signatures on a
petition and that the safeguards must be stringent,
Richard Bachhuber said he thought it was an idea which was appropriate to adopt.
He added that he had confidence in the citizens of Mount Prospect.
Mayor Farley then polled the Committee. There were three yes votes and four no
votes for a Recall Ordinance. Mayor Farley concluded that if anyone wanted to draft
an ordinance it could be presented for consideration at a regular Village Board
meeting.
4
Village Manager John Dixon reported that the officers of the Public Works Union had
contacted him and want to meet to discuss renewing their contract which expires
June 30, 1990. Also, a letter from TCI would be on the agenda for the April 17,
1990 Village Board meeting.
X Q�her Business
Trustee Arthur urged all residents to contact the Army Corp of Engineers to support
the application of the Solid Waste Agency for a Balefill permit.
Trustee Wattenberg said he would like to discuss the number of burglaries in Mount
Prospect "ata future Committee of the Whole meeting.
XI Adjournment
There being no further business the meeting adjourned at 11:43 p.m.
XII Executive Session
Mayor Farley announced the Executive Session would be deferred.
DCJ/sm
5
Respectfully Submitted
David C. Jepson
Finance Director
EH/CAF
4/5/90
4/11/90
ORDINANCE NO.
AN ORDINANCE AMENDING CHAPTER 11 OF THE
VILLAGE CODE OF MOUNT PROSPECT
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That Section 11.102.B entitled "Rules and
Definitions" of Article I of Chapter 11 (Merchants, Businesses,
Occupations and Amusements) of the Village Code of Mount Prospect,
as amended, is hereby further amended by adding thereto in proper
alphabetical sequence the following; so that hereinafter said
Section 11.102.B shall include the following:
TOBACCO PRODUCTS: Any substance containing tobacco leaf,
including, but not limited to, cigarettes,
cigars, pipe tobacco, snuff, chewing
tobacco, or dipping tobacco.
VENDING MACHINE: Any mechanical, electric, or electronic,
self-serving device which, upon insertion
of money, tokens, or any other form of
payment, dispenses tobacco products. Is
SECTION TWO: That Chapter 11 entitled "Merchants, Businesses,
Occupations and Amusements" of the Village Code of Mount Prospect,
as amended, is hereby further amended by creating an entirely new
Article XXXVII entitled "Sale of Tobacco Products"; so that
hereinafter Article XXXVII of Chapter 11 shall be and read as
follows:
ARTICLE XXXVII
SALE OF TOBACCO
Sec. 11.3701. License Required
Sec. 11.3702. Application
Sec. 11.3703. License Fee
Sec. 11.3704. Prohibited Sales or Delivery
Sec. 11.3705. Signage Prohibiting Sales to Minors
Sec. 11.3706. Purchase By Minors Prohibited
Sec. 11.3707. Possession By Minors Prohibited
Sec. 11.3708 Certain Distributions Prohibited
Sec. 11.3709. Vending Machine
Sec. 11.3710. Responsibility for Agents and Employees
Sec. 11.3711. Suspension; Revocation of License, Fines, Costs
Sec. 11.3712. Use of Premises After Revocation
Sec. 11.3713. Penalties
Sec. 11.3701. License Required. It shall be unlawful for any
person, firm or corporation to sell, give away,
deliver, possess with intent to sell at wholesale or retail,
possess with intent to give away or deliver for promotional
purposes, either retail or wholesale, any tobacco products
within the Village without first having obtained a license
therefore from the Village Clerk of the Village in the manner
provided in Chapter 10 of this Village Code.
Chapter 11
Page 2 of
Sec. 11.3702. Application. A written application for a
license hereunder shall be made in writing to
the Village Clerk and shall be processed in accordance with
the requirements set forth in Chapter 10 of this Village Code.
Sec. 11.3703. License Fee. The license fee for a tobacco
dealer's license shall be as set forth in
Section'll.3410 of this Chapter.
Sec.11.3704. Prohibited Sales or Delivery. It shall be
unlawful for any person, firm or corporation to sell,
offer for sale, give away, or deliver tobacco products to any
person under the age of eighteen (18) years of age.
Sec. 11.3705. Signage Prohibiting sales to minors. Signs
informing the public of the age restrictions
provided in this Article XXXVII shall be posted by every
licensee within one foot (11) of every display of tobacco
products, on every vending machine which offers tobacco
products for sale and at each cash register or other point of
purchase on the premises'. Each such sign shall state:
'THE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER
EIGHTEEN (18) YEARS OF AGE IS PROHIBITED BY LAW'
Said sign(s) shall be plainly visible and shall measure at
least eight and one-half inches (8-1/211) in height and eleven
inches (1111) in width. Lettering on said sign shall be at
least one inch (111) in height.
See. 11.3706. Purchase By Minors Prohibited. It shall be
unlawful for any person under eighteen (18)
years of age to purchase tobacco products, to misrepresent
their identity or age, or to use false or altered
identification for the purpose of purchase tobacco products.
See. 11.3707. Possession By Minors Prohibited. It shall be
unlawful for any person under eighteen (18)
years of age to possess any tobacco products within the
Village of Mount Prospect.
Sec. 11.3708. certain Distributions Prohibited. It shall
be unlawful for any licensee or any person in
the business of selling or otherwise distributing, promoting
or advertising tobacco products, or any employee or agent of
any such licensee or person in the course of such licensee's
business, to deliver tobacco products to any person on any
right-of-way, playground, park, or other property owned by the
Village, any school district, any park district, or any public
library.
See. 11.3709. vending machines.
A. It shall be unlawful for any licensee to sell or offer
for sale, give away, deliver or to keep tobacco products
with the intention of selling, giving away, or delivering
such products by use of a vending machine, unless the
vending machine is fully within the sight of an employee
at all times. The vending machine must be equipped with
a manual, electric, or electronic locking device
controlled by the licensee for the purpose of preventing
its operation by persons under eighteen (18) years of age
when the licensee or an employee observes such attempted
operation. It is the obligation of the licensee to
assure that the vending machine is within sight of any
Chapter 11
Page 3 of
employee at all times. If a person under the age of
eighteen (18) years of age purchases a tobacco product
from a vending machine on the licensed premises, the
licensee shall be deemed guilty of prohibited sale or
delivery under Section 11.3707 of this Article.
B. The following premises are exempt from Section 11.3711.A:
1. Those premises including taverns and cocktail
lounges where access by persons under eighteen (18)
years of age is prohibited by law.
2. Premises where the public is generally not permitted
and where vending machines are strictly for the use
of employees of a business located at such premises.
Sec. 11.3710. Responsibility for Agents and Employees. Every
act or omission of whatsoever nature
constituting a violation of any of the provisions of this
Article by any officer, director, manager, or other agent or
employee of any licensee, shall be deemed and held to be the
act of such licensee; and such licensee shall be punished in
the same manner as if such act or omission had been done or
omitted by the licensee personally.
See. 11.3711. suspension; Revocation of License, Pines,
costs.
A. The Village Manager shall be charged with the
administration of this Article. The Village Manager may
suspend or revoke any license according to the procedures
set forth in Article IV of Chapter 10 of this Village
Code. In lieu of suspension or revocation of a license,
the Village Manager may levy a fine of the licensee. The
fine imposed shall be not less than fifty dollars
($50.00) nor more than five hundred dollars ($500.00) for
each violation. Each day on which a violation continues
shall constitute a separate violation. A licensee may
appeal a fine in the same manner as a revocation or
suspension.
B Any licensee who requests a hearing on a violation of
this Article, and for which the Village Manager upholds
the finding of a violation, shall pay to the Village the
costs of the hearing on such violation. The Village
Manager shall determine the costs incurred by the Village
for said hearing, including, but not limited to: court
reporter's fees, the cost of transcripts or records,
attorney's fees, the cost of preparing and mailing
notices and orders, and all other miscellaneous expenses
incurred by the Village. These costs shall be in
addition to any fine assessed against the licensee.
C. The licensee shall pay said costs to the Village within
thirty (30) days of notification of the costs by the
Village Manager. Failure to pay said costs within thirty
(30) days of notification shall be cause for immediate
revocation of the license. No hearing as set forth in
this Article shall be necessary for revocation for
failure to pay hearing costs.
Sec. 11.3712. Use of Premises After Revocation. When any
license shall have been revoked for any cause,
no subsequent license shall be granted to said licensee for
a period of six (6) months thereafter for the conduct of the
business of selling tobacco products as defined in this
Chapter in the premises in the revoked license.
Chapter 11
Page 4 of 4
Sec. 11.3713. Penalties. Nothing herein shall prevent the
Village from proceeding against a licensee in
the Circuit Court in lieu of administrative proceedings. Any
person found guilty of violating any provisions of this
Article shall be fined not less than fifty dollars ($50.00)
nor more than five hundred dollars ($500.00) for each
offense."
SECTION TWO: That all ordinances and Resolutions or parts thereof
which are in conflict with the provision of this Ordinance are, to
the extent of such conflict, expressly repealed.
SECTION THREE: That this Ordinance shall be in full force and
effect from and after its passage, approval and publication in
pamphlet form in the manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this day of 1990.
Gerald L. Farley
Village President
ATTEST:
Carol A. Fields
Village Clerk
EH/CAF
AN ORDINANCE AMENDING ARTICLE IV OF CHAPTER 10 OF
THE VILLAGE CODE OF MOUNT PROSPECT
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That Article IV entitled "Revocation or Denial" of
Chapter 10 of the Village Code of Mount Prospect, as amended, is
hereby further amended in its entirety; so that hereinafter said
Article IV of Chapter 10 shall be and read as follows:
it ARTICLE IV
REVOCATION OR DENIAL
Sec. 10.401. Procedure
Sec. 10.402. Notice of Action Against License, Procedure
For Hearing
Sec. 10.403. Appeal Procedure
See. 10.401. Procedure.
Any such license contemplated or issued under Article I of
this Chapter may be suspended up to sixty (60) days or revoked
by the Village Manager, or an application for issuance of
renewal of such license may be refused by the Village Clerk,
if either determines:
A. That the application of the applicant or license holder
contains any false, fraudulent or misleading material
statement; or
B. That the applicant or license holder has made any false,
fraudulent or misleading material statement, or has been
convicted of perpetrating a fraud upon any person,
whether or not such fraud was perpetrated in the course
of conducting any business in the Village, or that the
applicant or license holder has committed a felony; or
C. That the applicant or license holder has conducted any
activities directly related to his business in the
Village in an unlawful manner or in such a manner as to
constitute a breach of the peace or a menace to the
health, safety or general welfare of the public.
D. That the applicant or license holder has suffered a
revocation or refusal to issue or renew such license by
any state, municipality or licensing authority.
E. In the case of a tobacco license, if any violation of
Article XXXVII of Chapter 11 of the Village Code has
occurred.
Sec. 10.402. Notice of Action Against License, Procedure
for Hearing.
A. Notification. The applicant or licensee shall be
notified of a determination to revoke or refuse issuance
or renewal of a license by the Village official making
such determination. This notice shall inform the
applicant of the right to request a hearing before the
Village official regarding the proposed action.
Chapter 10
Page 2 of
Additionally, the notice shall contain the remedies for
the revocation, suspension or refusal to issue or renew.
Such notice shall be personally served or mailed, postage
prepaid, to the applicant or license holder, as the case
may be, at his last known address and shall provide such
applicant with the right to request a hearing before the
Village official involved within eight (8) days following
the date such notice was personally delivered or placed
in the mail. If no such request for a hearing is
received the Village official's determination shall
become final.
B. Setting of Hearing. The Village official shall set a
place and date for the hearing and shall notify the
applicant or license holder of said place and date of
said hearing. The initial date for hearing shall be no
more than twenty-one (21) days after the written request
for a hearing is made.
C. Right to Counsel. The applicant or license holder shall
have the right to be represented at such hearing by legal
counsel.
D. Decision of village official. At the conclusion of the
hearing, the Village official shall issue a written
decision and findings of fact and shall mail same to the
applicant or license holder. The decision and findings
of fact shall be mailed within five (5) days following
the conclusion of the hearing or the receipt of any
transcript thereof, whichever is the latest to occur.
Sec. 10.403. Appeal Procedure.
Any applicant or license holder aggrieved by the action of the
village official in refusing to issue any license subject to
this Article or in suspending or revoking any license already
issued shall have the right to appeal to the President and
Board of Trustees of the Village.
A. Such appeal shall be made to the Village Board, or
designated person, within seven (7) days after the notice
of said decision of the Village official has been mailed.
The appeal shall contain a written statement setting
forth the grounds for appeal. No applicant or license
holder may appeal to the Village Board unless a timely
request for a hearing before the Village official, as set
forth in Sec. 10.402, has been made by said applicant or
license holder.
B. The President and Board of Trustees of the Village shall
set a time and place for a hearing on such appeal and
notice of such hearing shall be given to the appellant
in the manner provide in Section 10.402.
C. The appellant shall have the right to be represented at
such hearing by legal counsel.
D. The decision and order of the President and Board of
Trustees of the Village following such appeal shall be
final and conclusive.
E. No license shall be revoked:
1. During the pendency of an appeals before the
President and Board of Trustees of the Village, nor
Chapter 10
Page 3 of 3
2. While litigation is pending in any court challenging
the decision of the President and Board of Trustees,
nor
3. While any appeal is pending from any court's action,
overriding or reversing the Board's action, nor
4. During the time within which such appeals from a
court's action can lawfully be taken. 11
SECTION TWO: That all Ordinances and Resolutions or parts thereof
which are in conflict with the provision of this Ordinance are, to
the extent of such conflict, expressly repealed.
a_ECTION THREE: That this Ordinance shall be in full force and
effect from and after its passage, approval and publication in
pamphlet form in the manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this day of 1990.
Gerald L. Farley
Village President
ATTEST:
Carol A. Fields
Village Clerk
ORDINANCE NO, 3267
AN ORDINANCE AMENDING CHAPTER 20 or THE SCHAUMBURG MUNICIPAL CODE
PROVIDINQ OF SAL9S OF TOBACCO PRODUCTS TO tiTNORS
BE IT ORDAINED BY THE PRESIDENT AND THE VILLAGE BOARD OF
TRUSTEES OF THE VILLAGE OF SCHAUMBURG:
SF07TX01'-nNF, That Chapter 2u of the Aunicipal Ccda Qz* thz
village of Schaumburg is hereby amended by adding thereto the
following sections as follows:
Sec. 20-70: Sales of Tobacco Products to Minors.
(a) Definitions.
For the purposes of this chapter, the followina
words and phrases shall have the meanings respectively
ascribed to them:
"tobacco products" means any substance containing
tobacco leaf, including, but not limited to,
cigarettes, cigars, pipe tobacco, snuff, chewing
tobacco, or dipping tobacco.
"vending machine- means any mechanical, electric,
or electronic, self-serving device which, upon
insertion of money, tokens, or any other forms of
payment, dispenses tobacco products.
(b) License required:
It shall be unlawful to sell or offer for sale at
retail, at wholesale, to give away, deliver, or to keep
with the intention of selling at retail, wholesale,
giving away, or delivering tobacco products within the
village without first obtaining a license therefor
pursuant to Chapter 17 of the Schaumburg Municipal Code.
(c) Application.
Application for a license here under shall be made
in writing to the Village Collector and shall be
processed in accordance with Chapter 17, Section 5 of
this code.
-1-
(d) License fee.
The license fee for a tobacco dealers license shall
be as set forth in Chapter 17, Section 9 of this code.
(e) Prohibited sales or delivery.
It shall be unlawful for any person, including any
licensee, to sell, offer for sale, give away, or deliver
tobacco products to any person under the age of eighteen
(18) years of age.
(f) Signage prohibiting sales to minors and possession of
tobacco products by minors.
Signs informing the public of the age restrictions
provided for herein shall be posted by every licensee at
or near every display of tobacco products and on or upon
every vending machine which offers tobacco products for
sale. Each such sign shall be plainly visible and shall
state:
"THE SALE AND POSSESSION OF TOBACCO PRODUCTS TO
PERSONS UNDER EIGHTEEN (18) YPJkRS OF AGE IS
PROHIBITED BY LAW.,
Posted signs shall be plainly visible and shall measure
at least eight and one/half (8 1/2) inches in height by
eleven (11) inches in length. Lettering on posted signs
shall be at least one (1) inch in height.
(9) Minimum age to sell tobacco products.
It shall be unlawful for any licensee or any
officer, associate, member, representative, agent or
employee of such licensee, to engage, employ, or permit
any person under eighteen (18) years of age to sell
tobacco products in any licensed premises.
(h) Purchase by minors prohibited.
It shall be unlawful for any person under the age
of eighteen (18) years of age to purchase tobacco
products, or to misrepresent their identity or age,
or to use false or altered identification for the
purpose of purchasing tobacco products.
-2-
Possession by minors prohibited.
I It shall be unlawful for any Person under the age
of eighteen (18) years of age to possess any tobacco
products.
Proximity to certain institutions.
It shall be unlawful for any person to sell, offer
for sale, give away, or deliver tobacco products within
one hundred feet (100') of any school or other building
used for educational or recreational programs for persons
under the age of eighteen (18) years of age.
(k)
Certain free distributions prohibited.
It shall be unlawful for any licensee or any persoa
in the business of selling or otherwise distributing,
promoting, or advertising tobacco products, or any
employee or agent of any such licensee or person, in the
course of such liceinseels or person's business, to
distribute, give away, or deliver tobacco products free
---P-f
_.P44�9_e_ to any person an any right -of -way, playground,
park, or other property owned by the village, any school
district, any park district, or any public library
district.
vending machines.
(1) It shall be unlawful for any licensee to sell or
offer for sale, give away, deliver, or to keep with
the intention of selling, giving away, or delivering
tobacco Products by use of a vending machine, unless
the point of dispensing the product of the vending
machine is within the sight of the licensee,
and is
equipped with a manual, electric, or electronic
locking device controlled by the licensee so as to
prevent its operation by persons under eighteen (18)
years of age.
(2)
Those premises, including taverns, and cocktail
lounges where access by persons under eighteen (18)
years of age is prohibited by law, or premises where
-3-
the public is generally not Permitted and where
.vending machines are
strictly for the use of
employees of a business located at such premises,
shall be exempt from the requirements of Chapter 20-
70 (1)(1) above.
(m) Responsibility for agents and employees.
Every act or Omission of whatsoever nature,
constituting a violation of any of the provisions of this
Chapter by any officer, director, manager, or other agent
or employee of any licensee shall be deemed and held to
be the act of such licensee; and such licensee shall be
punished in the same manner as if such avt or omission
had been done or omitted by the licensee personally.
(n) Suspension; revocation of license; fines, costs.
The Village manager shall be charged with the
administration of this Chapter. The Village Manager may
suspend any license and the Village Board may revoke any
-tobacco license issued under the provisions of this
Chapter and Chapter 17 of the Schaumburg Village Code,
if he determines that the licensee has violated any of
the provisions of this Chapter. In lieu of suspension or
revocation of a license, the Village Manager may instead
levy a fine on the licensee. The fine imposed shall not
exceed five hundred dollars ($500) for each violation.
Each day on which a violation continues shall constitute
a separate violation.
However, no such license shall be suspended or
revoked and no licensee shall be fined except after a
hearing by the Village Manager with a seven (7) working
day written notice to the licensee affording the licensee
an opportunity to appear and defend against the charges
contained in such notice. The seven (7) working day
notice provisions shall begin the day following delivery
by certified mail or by personal service.
-4-
'The Village Manager shall within seven (7) working
days after such hearing, if he determines after such
hearing that the license should be revoked or suspended,
or that the licensee should be fined, state the reason
for such determination in a written order and either the
amount of the fine, or the period of suspension. In the
event that the license is recommended to the Village
Board for revocation, the Village :-tanager shall cause to
be served a copy of such order within the seven (7)
working days upon the licensee.
Any licensee determined by the Village Manager to
have violated any of the provisions of tris Chapter shall
pay to the Village the costs Of the hearing on such
violation. The Village Manager shall determine the costs
incurred by the village for said hearing, including, but
not limited to: court reporter's fees, the costs of
transcripts or records, attorney's fees, the cost of
preparing mailing notices and orders and all other
miscellaneous expenses incurred by the village Or such
lesser sum as the Village manager may allow.
The licensee shall pay said costs to the Village
within thirty (30) days Of notification of the costs by
the Village Manager. Failure to pay said costs within
thirty (30) days of notification is a violation of this
chapter and may be cause for license suspension or
revocation, or the levy of a fine.
(0) Use of premises after revocation.
When any license shall have been revoked for any
cause, no license shall be granted to said licensee for
the period of six (6) months thereafter for the conduct
of the business Of selling tobacco products as defined
in Sec. 20-70 (a) in the premises described in the
revoked license. -
SECTION TWO: That the Provisions of Chapter 20-70 shall be
enforced from and after January 11 1990.
SECTION THREES That all ordinances and resolutions, or parts
thereof which are in conflict with the provisions of this Ordinance
are, to the extent of such conflict, expressly repealed.
SECTION FOUR: That this ordinance shall be in full force and
effect tan (10) days from and after its passage and approval as
provided by law.
AYES: (6) TRUSTEES: ANDERSON, DAILLY, DOMAN, GOGUE,
MORENZ, and TIK14ART
NAYS: (0) NONE
ABSENT: (0) NONE
PASSED AND APPROVED THIS 24TH of OCTOBER
ATTEST: CCTOvB0E"R-
ATTEST:
Village Clerk
-6-
, 1989.
-U"-4 tx^.- N--
-Village President
RKM:bc 3/89
ORDINANCE NO.
89-15
SAN ORDINANCE AMENDING THE CODE OF ORDINANCES -- ADDING A NEW
CHAPTER 18A -- COMPREHENSIVE REGULATION OF TOBACCO PRODUCTS
---------------------------------------------------------------
BE IT ORDAINED BY THE MAYOR AND BOARD OF TRUSTEES OF THE
VILLAGE OF WOODRIDGE, DU PAGE COUNTY, ILLINOIS, a home rule
municipality in the exercise of its home rule powers, as follows:
S4CTION ONE: That the Code of Ordinances of the Village of
Woodridge, DuPage County, Illinois, is hereby amended by adding
thereto a new Chapter 18A entitled "Comprehensive Regulation of
Tobacco Products' as follows:
CHAPTER 18 A
COMPREHENSIVE REGULATION OF TOBACCO PRODUCTS
Sec. 18A-1. Legislative finding and declaration.
The mayor and board of trustees expressly find and declare
that:
(a) 1. Cigarette smoking is dangerous to human health;
2. There exists substantial scientific evidence that the
use of tobacco products causes cancer, heart disease
and various other medical disorders;
3. The Surgeon General of the United States has declared
that nicotine addiction from tobacco is similar to ad-
diction to cocaine, and is the most widespread example
of drug dependence in this country;
4. The Director of the National Institute on Drug Abuse
concluded that the majority of the three hundred
twenty thousand (320,000) Americans who die each year
from cigarette smoking became addicted to nicotine as
adolescents before the age of legal consent;
5. The Nat -4- al institute on Drug Abuse found that cigarette
smoking precedes and may be predictive of adolescent
illicit drug use; and,
6. The present legislative scheme of prohibiting sales of
tobacco products to persons under the age of eighteen
(18) has proven ineffective in preventing such persons
from using tobacco products.
VILLAGE OF WOODRIDGE
ORDINANCE NO. 89-lS'-"
Page Two
----------------------------------------------------- ;i ---------------
(b) That the enactment of this Chapter directly pertains to and is
in furtherance of the health, welfare and safety of the
residents of the village, particularly those residents under
eighteen (18) years of age.
Sec. 18A-2. Definitions.
For the purposes of this Chapter, the following words and
phrases shall have the meanings respectively ascribed to them:
"tobacco products" means any substance containing tobacco
leaf, including, but not limited to, cigarettes, cigars, pipe
tobacco, snuff, chewing tobacco or dipping tobacco.
"vending machine" means any mechanical, electric or
electronic, self-service device which, upon insertion of
money, tokens or any other form of payment, dispenses tobacco
products.
sec. 18A-3. License required.
It shall be unlawful to sell or offer for sale at retail, to
give away, deliver or to keep with the intention of selling at
retail, giving away or delivering tobacco products within the
village without having first obtained a tobacco dealer's license
therefor pursuant to this Chapter.
such license shall be in addition to any other license
required by this code.
Sec. I8A-4. License application.
Application for a license hereunder shall be made in writing
to the village clerk and shall be processed in accordance with the
provisions of Chapter 9, Article I of this code.
Sec. 18A-5. License fee.
The license fee for a tobacco dealer's license shall be as set
forth in Section 9-6(C) (14) of this code.
Sec. 18A-6. Prohibited sales, delivery - signs.
(a) It shall be unlawful for any person, including any licensee,
to sell, offer for sale, give away or deliver tobacco products
to any person under the age of eighteen (18) years.
VILLAGE OF WOODRIDGE
M I H 7FAq7GZ _-MTAannm An qnH77TO jnN -4 CC - PT r_.MCT_r - I—
ORDINANCE NO.
Page Three
------------------ 7 ------------------------------------------------
(b) Signs informing the public of the age restrictions provided
for herein shall be posted by every licensee at or near every
display of tobacco products and on or upon every vending
machine which offers tobacco products for sale. Each such
sign shall be plainly visible and shall state:
*TEE SALE OF TOBACCO PRODUCTS TO PERSONS UNDER
EIGHTEEN YEARS OF AGE IS PROHIBITED BY'LAW.0
The text of such signs shall be in red letters on a white
background, said letters to be at least one inch (10) high.
Sec. 18A-7. minimum age to sell tobacco products.
It shall be unlawful for any licensee or any officer,
associate, member, representative, agent or employee of such
licensee, to engage, employ or permit any person under eighteen (18)
years of age to sell tobacco products in any licensed premises.
Sec. 18A-8. Purchase by minors prohibited.
it shall be unlawful for any person under the age of eighteen
(18) years to purchase tobacco products, or to misrepresent their
identity or age, or to use any false or altered identification for
the purpose of purchasing tobacco products.
Sec. 18A-9. Possession by minors prohibited.
it shall be unlawful for any person under the age of eighteen
(18) years to possess any tobacco products; provided that the pos-
session by a person under the age of eighteen (18) years under the
direct supervision Of the parent or guardian of such person in the
privacy of the parent's or guardian's home shall not be prohibited.
Sec. 18A-10. Proximity to certain institutions.
It shall be unlawful for any person to sell, offer for sale,
give away or deliver tobacco products within one hundred feet (1001)
of any school, child care facility or other building used for educa-
tion or recreational programs for persons under the age of eighteen
(18) years.
Sec. 18A-11. Certain free distributions prohibited.
It shall be unlawful for any licensee or any person in the
business of selling or otherwise distributing, promotion or adver-
VILLAGE OF WOOD RIDGE
Page Four
----------------------- ---------------------------------------------
tising tobacco products, or any employee or agent of any such
licensee or person, in the course of such licensee's or person's
business, to distribute, give away or deliver tobacco products free
of charge to any person on any right-of-way, park, playground or
other property owned by the village, any school district, any park
district or any public library.
Sec. 18A-12. vending machines - locking devices.
(a) it shall be unlawful for any licensee to sell or offer for
sale, give away, deliver or to keep with the intention of
selling, giving away or delivering tobacco products by use of
a vending machine, unless such vending machine is equipped
with a manual, electric or electronic locking device
controlled by the licensee so as to prevent its operation by
persons under the age of eighteen (18) years.
(b) Any premises where access by persons under the age of eighteen
(18) years is prohibited by law, or premises where the public
is generally not permitted and where vending machines are
strictly for the use of employees of business located at such
premises, shall be exempt from the requirements of Sec.
18A -12(a) above.
sec. 18A-13- Responsibility for agents and employees.
Every act or omission of whatsoever nature, constituting a
violation of any of the provisions of this Chapter by any officer,
director, manager or other agent or employee of any licensee shall be
deemed and held to be the act of such licensee; and such licensee
shall be punishable in the same manner as if such act or omission had
been done or omitted by the licensee personally.
Sec. 18A-14. Suspension; revocation of license; fines, costs..
The mayor shall be charged with the administration Of this
Chapter. The mayor may suspend or revoke any license issued under
the provisions of this Chapter, if he determines that the licensee
has violated any of the provisions of this Chapter. in lieu of
suspension or revocation of a license, the mayor may instead levy a
fine on the licensee. The fine imposed shall not exceed five
hundred dollars ($500) for each violation. Each day on which a
violation continues shall constitute a separate violation.
However, no such license shall be suspended or revoked and no
licensee shall be fined except after a public hearing by the mayor
with a seven (7) day written notice to the licensee affording the
VILLAGE OF WOODRIDGE
ORDINANCE NO. 89-15
Page Five
--------------------------------------------------------------------
licensee an opportunity to appear and defend against the charges
contained in such notice. The seven (7) day notice provisions shall
begin the clay following delivery by certified mail or by personal
service.
The mayor shall within seven (7) clays after such hearing, if
he determines after such hearing that the license should be revoked
or suspended, or that the licensee should be fined, state the reason
for such determination in a written order and either the amount of
the fine, the period of suspension or that the license has been
revoked and serve a copy of such order within the seven (7) days
upon the licensee.
Any licensee determined by the mayor to have violated any of
the provisions of this Chapter shall pay to the village the costs of
the hearing before the mayor on such violation. The mayor shall
determine the costs incurred by the village for said hearing,
including, but not limited to: court reporter's fees, the costs of
transcripts or records, attorneys' fees, the cost of preparing and
mailing notices and orders and all other miscellaneous expenses
incurred by the village or such lesser sum as the mayor may allow.
The licensee shall pay said costs to the village within thirty
(30) days of notification of the costs by the mayor. Failure to pay
said costs within thirty (30) days of notification is a violation of
this Chapter and may be cause for license suspension or revocation,
or the levy of a fine.
Sec. ISA -15, use of premises of ter revocation.
When any license shall have been revoked for any cause, no
license shall be granted to said licensee for the period of six (6)
months thereafter for the conduct of the business of selling tobacco
products as defined in See. ISA -3 in the premises described in such
revoked license."
ESCTION TWO! That the provisions of Chapter 18A shall be
enforced from and after May 1, 1989.
SECTION THREE: That all ordinances and resolutions, or parts
thereof, in conflict with the provisions of this ordinance are, to
the extent of such conflict, expressly repealed.
SECTION NUR-- That this Ordinance shall be in full force and
effect ten (10) days from and after its passage and approval as
provided by law.
VILLAGE OF WOODRIDGE
ORDINANCE NO.
Page Six
4
89, -is
PASSED this 23rd day of March 1989.
Trustee Janowiak AYE Trustee Peterson AYE
Trustee Johannsen AY --Trustee Potempa AYE
Trustee Mimnaugh —Aff — Trustee Wood AYE
APPROVED this 23rd day of March 1989.
oo
MAYOR ol'
VILLAGE OF WOODRIDGE
T.
ORDINANCE No. 89-16
AN,ORDINANCE AMENDING THE CODE OF ORDINANCES CHAPTER 9,
LICENSES, FEES AND CHARGES CHAPTER 13j SETTLEMENT OF
VIOLATIONS
--------------------------------------------------------------------
BE IT ORDAINED BY THE MAYOR AND BOARD OF TRUSTEES OF THE
VILLAGE OF WOODRIDGE, DU PAGE COUNTY, ILLINOIS, a home rule
municipality in the exercise of its home rule powers, as follows:
5E TION _ONE. That Chapter 13, Sec. 13-1.(B) of the Code of
Ordinances of the Village of Woodridge is hereby amended by adding
thereto a new Sec. 13-1(B) (18) as follows:
(18) Regulating the purchase and/or possession of tobacco
products."
SECTION Ml; That Chapter 9, See. 9-6(C) of the Code of
Ordinances of the Village of Woodridge entitled "Business Licenses"
is hereby amended by adding thereto a new See. 9-6(C) (14) as
follows:
-(14) Tobacco products .......................... 50.00.0
SECTION,TgM_E- That Chapter 13, Sec. 13-1(G) of the Code of
Ordinances of the Village of Woodridge is hereby amended by adding
thereto a new Sec. 13-1(G) (19) as follows;
-(19) violations with respect to possession and/or purchase
of tobacco products by a person under eighteen (18)
years of age.
(a) Violation of See. 18A8 .................... $50.00
(b) violation of Sec. 18A-9 ....................$25.00"
S$CTIoN_FOUR: That all ordinances and resolutions, or parts
thereof, in conflict with the provisions of this Ordinance are, to
the extent of such conflict, expressly repealed.
gZgTjI FT
.p�VE: That this Ordinance shall be in full force and
effect ten (10) days from and after its passage and approval as
provided by law.
PASSED This 23rd day of March- -, 1989.
VILLAGE OF WOODRIDGE
S,
01MINANCE NO. 89 a- ,
Page Two -_
--------------------------------------------------- „---_------_-.
Trustee Janowiak AYE Trustee Peterson AYE
Trustee Johannsen VE Trusts* Potempa AYE
Trustee Mimnaugh AYE - Trustee Wood AYE,
APPROVED this 23rd day of March , 1989.
m
VILLAGE OF WOODRIDGE
60'd ZeO9Z62 Ol 39QIJQ0OM d0 30H -1-1I0 WON -A 65;DT 6861-sZ-100
CAF
ORDINANCE NO.
AN ORDINANCE AMENDING ARTICLE III OF CHAPTER 19
ENTITLED "HEALTH REGULATIONS" OF THE VILLAGE CODE
OF MOUNT PROSPECT
BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE
VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS:
SECTION ONE: That Article III of Chapter 19 of the Village Code
of Mount Prospect, as amended, is hereby further amended by
inserting thereto a new Section 19.307 "Feeding of Animals", by
renumbering sections 19.307, 19.308, 18.309 and 19.310; so that
hereinafter said Article III Chapter 19 shall include the
following:
It Sec. 19.307. Feeding of Animals. It shall be unlawful for
any person to conduct any activity or create a condition on any
property, that attracts animals including birds and insects, in a
manner or in numbers that causes damage to the property of others
or a hazard to the public health.
Sec. 19.308. spitting. It shall be unlawful to spit or
expectorate on any public sidewalk or other public place, or on the
floor or walls of any store, theater, hall, public vehicle or other
place frequented by the public or to which the public is invited.
See. 19.309. Prohibited Acts. It shall be unlawful to commit
or do any act which endangers the public health or results in
annoyance or discomfort to the public.
Sec. 19.310. Nuisances. Abatement. It shall be unlawful for
any person to permit or maintain the existence of any nuisance on
any property under his, her or its control. The Chief of Police
and the Health officer are each hereby authorized to abate any such
nuisance existing in the Village, whether such nuisance is
specifically recognized by Ordinance or not.
Sec. 19.311. Penalty. Any person violating any provision of
this Article shall be fined not less that fifty dollars ($50.00)
nor more than five hundred dollars ($500.00) for each offense, and
a separate offense shall be deemed committed on each and every day
during or on which a violation occurs or is permitted to continue."
SECTION TWO: That this Ordinance shall be in full force and effect
from and after its passage, approval and publication in pamphlet
form the manner provided by law.
AYES:
NAYS:
ABSENT:
PASSED and APPROVED this day of
Gerald L. Farley
Village President
ATTEST:
Carol A. Fields
Village clerk
1990.
ORDINANCE NO.
AN ORDINANCE
AMENDING THE CODE OF ORDINANCES OF THE
VILLAGE OF MOUNT PROSPECT, ILLINOIS
BE IT ORDAINED by the President and Board of Trustees of the
Village of Mount Prospect, Cook County, Illinois, acting in the
exercise of their home rule power:
SECTION 1: That paragraph A of Section 13.124 of Chapter 13
be deleted in its entirety and a new paragraph A inserted in lieu
thereof to be and read as follows:
A. After a hearing on any alleged violation, if the
Village President as Local Liquor Control
Commissioner finds that there was any violation of
the ordinances of the Village or statutes of the
State of Illinois, or any other violation
necessitating action by the Local Liquor Control
Commissioner, he may suspend or revoke any retail
liquor dealer's license; and/or fine such licensee.
1. If the Commissioner determines to
suspend such license, the term of
the suspension shall not be less
than one day nor more than thirty
(30) days.
2. If the Commissioner elects to fine
such licensee, the amount of such
fine shall not be less than fifty
dollars ($50.00) nor more than two
thousand five hundred dollars
($2,500.00).
3. If the Commissioner finds the
licensee to be guilty of any charges
against the licensee, the licensee
will be responsible for all costs
incurred for a hearing before the
Local Liquor Control Commissioner,
including, but not limited to court
reporter fees, witness fees and
attorneys fees. This shall be in
addition to any other penalties
assessed against the licensee.
SECTION 2: That all ordinances or parts of ordinances in
conflict herewith are hereby repealed.
SECTION 3: That this ordinance shall be in full force and
effect from and after its passage and approval in the manner
provided by law.
PASSED: This day of , 1990•
AYES: NAYS: ABSENT: PASS:
APPROVED by me this day of , 1990.
President of the Village of Mt. Prospect
ATTESTED and FILED in the office of the Village clerk this
day of , 1990.
Villaae Clerk
Village of lWount Prospect
Mount Prospect, Illinois
INTEROFFICE MEMORANDUM
TO: John Fulton Dixon, Village Manager
FROM: David C. Jepson, Finance Director
DATE: April 19, 1990
SUBJECT: Rate Study for Flood Control User Charge
Whenever a major Village project is being considered, one of the essential issues
that must be addressed is the question of financing. Sometimes the nature of
the project will determine the sources of financing and sometimes the
beneficiaries of the project will help to resolve this question; however, there
are other times when the answers to the financing question are not readily
apparent. A number of these issues have surfaced over the past ten years and
have resulted in some unique and innovative responses to the financing methods
actually used.
The financing of the acquisition of Lake Michigan water through participation
in the Joint Action Water Agency is one of these examples. In an attempt to keep
the basic water rate at a reasonable level, it was determined that a portion of
the financing should be through property taxes. However, because only about 75%
of the Village would be the beneficiaries, it was not fair to use general
property taxes so a special service district was created. This approach has
resulted in a moderate tax rate and a reasonable water rate.
Other examples are special service districts formed to acquire private water
companies (1 & 2) and to make street improvements (3, 4 & 6). TIF financing is
being used for Downtown Redevelopment. The Prospect Meadows Sewer Project has
used a combination of a sewer surcharge, water revenues, and grant monies to
achieve an equitable financing arrangement. And the financing of the new Public
Works Facility included a combination of capital improvement funds, water
revenues, and property taxes to arrive at an appropriate financing solution.
One of the possible methods of at least partially funding a major Flood Control
Project is through a Flood Control User Charge. This is an approach whereby
property owners would be charged on the basis of their property's contribution
to stormwater problems. The concept of a user charge for financing these types
of improvements is relatively new and is not common in Illinois. However, it
is being used in other parts of the country and indications are that it will
become more common in the future.
The reasons for considering this approach are that it is not clear if all
properties in the Village will benefit in the same ratio as their equalized
John Fulton Dixon
Page 2
Rate Study for Flood Control User Charge
assessed valuation, and a user charge would reduce pressure on property taxes.
Additionally, a Flood Control User Charge could produce a sizeable amount of
revenue at a relatively low rate. Our preliminary projections show that a user
charge of $2.00 per month for a single-family residence along with a
proportionally higher charge for commercial, multi -family, industrial, and
institutional property would fund a $4 to $5 million bond issue.
Because a Flood Control User Charge is a new concept and we do not have a basis
for developing an appropriate rate structure, I believe we need a rate study to
consider a fee of this type.
I contacted the Illinois Government Finance Officers Association to get some
names of firms who provide rate studies. I was told that usually any medium-
sized engineering firm can provide these services, and specifically that RJN of
Wheaton, IL is a firm which had done a number of recent studies. In the Chicago
area, they have provided sewer user charge studies for Hoffman Estates,
Streamwood, Winnetka, Villa Park, Northfield and Chicago Ridge. Because RJN has
been selected to perform the flood study for the Village, I asked them for a
proposal to conduct a rate study for a Flood Control User Charge.
Specifically their proposal includes an evaluation of alternative rate structures
for stormwater user charges and an assessment of the feasibility of
implementation in the Village of Mount Prospect. I did not contact any other
Engineering firms regarding a rate study because I believe it would be beneficial
to the Village to coordinate this work with the engineering studies of the
flooding problems. Their proposal calls for a fee not to exceed $19,000 and
would take approximately 12 weeks to complete. A copy of their proposal is
attached.
I believe a rate study is necessary if we are to consider a Flood Control User
Charge, and under the circumstances I believe it is in our best interests to
coordinate a rate study with the current engineering studies. It is my
recommendation that we accept the proposal from RJN Environmental Associates,
Inc.
DCJ/sm
Enc
vkRJN ENVIRONMENTAL ASSOCIATES, INC.
CONSULTING ENGINEERS
March 29, 1990
Mr. David Jepson
Finance Director
Village of Mount Prospect
100 South Emerson
Mount Prospect, IL 60056
subject: Proposal for Engineering Services
Feasibility Study for Stormwater
Management User Charge System
Dear Mr. Jepson:
In response to your request, RJN Environmental is pleased to
submit this proposal to develop a user charge system to finance
stormwater management improvements in the Village of Mount
Prospect.
We understand that the Village desires to explore alternate
methods of generating revenue to fund the stormwater
improvements that are anticipated by the stormwater management
studies currently being performed by RJN Environmental. The
method which will be evaluated is a "user charge" system where
property owners are charged on the basis of their property's
contribution to stormwater management needs. In effect, a
stormwater management utility is created by the village to
provide the service of stormwater management and the user charge
is in proportion to the amount of runoff generated by the
property. The user charge is collected to repay the cost of
revenue bonds that will be sold to finance capital and/or
operations and maintenance costs for stormwater control.
The concept of a user charge system for financing stormwater
improvements is relatively new and not particularly common in
Illinois. It is likely, however, that this source of funding
will increase in popularity in the near future. Accordingly,
the proposed project will include detailed review of literature
related to other municipalities who have chosen this type of
funding mechanism. This research will provide the Village with
a comparison between the proposed user charge developed for the
Village and other municipalities.
202 W. FRONT STREET
WHEATON, ILLINOIS 60187
(708) 6824777 RECIUVED
Mr. David Jepson
March 29, 1990
Page Two
Scope of Services
The scope of services recommended by RJN Environmental to
develop a stormwater user charge system for the Village of Mount
Prospect is outlined below:
1. Meet with Village staff to collect existing
information and discuss current practices and
procedures regarding utility billing for sewer and
water.
2. Review existing Village ordinances related to utility
system charges.
3. Perform a literature review related to application of
municipal stormwater management utilities. Compare
government agencies who have developed successful
stormwater user charge systems with the Village of
Mount Prospect to identify key similarities and
differences.
4. Evaluate alternative rate structures for stormwater
user charges and assess feasibility for implementation
in Village of Mount Prospect. Consideration will be
given to rate factors based on percentage of
impervious cover, intensity of development, on-site
stormwater detention facilities, and land use
characteristics. This approach will ensure that the
user charges developed will be equitable to all
property owners as the cost will correlate to the
amount of stormwater contributed by each property. It
is anticipated that a flat rate will be developed for
typical residential properties and a variable rate
formula will be developed for office, commercial,
industrial, and multi -family properties.
Evaluation criteria for comparison of rate structures
would include the correlation between charges and the
amount of runoff from each type of property and the
relative complexity of implementing each alternative.
Mr. David Jepson
March 29, 1990
Page Three
5. Prepare a project report to summarize the alternatives
investigated and present the recommended user charge
system. The various alternative rate structures would
be presented with advantages and disadvantages of each
cited. Typical examples of the fee charged to various
classifications of properties would be developed based
on anticipated costs for stormwater improvements. A
plan delineating the required steps for implementing
the recommended alternative would be included.
6. Present the results of the study to Village staff and
the Village Board. Provide consultation and follow-up
in response to questions.
The scope of work does not include services for implementing the
user charge system or for conducting a public information
program to explain the stormwater user charge to residents. We
understand that the tasks would be performed by the Village or
under a separate agreement.
SCHEDULE AND COMPENSATION
RJN Environmental is available to initiate the project
immediately. It is anticipated that approximately twelve (12)
weeks will be required to complete the study and submit the
draft report.
Engineering cost for the user charge study is proposed on a time
and expense basis with a maximum not -to -exceed limit of $19,000.
Actual compensation will be based on manpower utilization and
expenses incurred. Payments to RJN Environmental shall be made
monthly upon receipt of a combined status report and invoice to
be submitted to the Village by RJN Environmental. Invoices
shall be due and payable within thirty (30) days of each
billing.
We trust this proposal meets with your approval. If acceptable,
one fully executed copy of this proposal will authorize us to
proceed with the work.
Mr. David Jepson
March 29, 1990
Page Four
We appreciate the opportunity to submit this proposal and look
forward to further discussions on this project. Should you have
any questions, or need additional information, please do not
hesitate to contact us.
Very truly yours,
RJN ENVIRONMENTAL ASSOCIATES, INC.
�*Ivlkw*
John M. Nardozzi, P.E.-
Business Development Manager
luh
ACCEPTED FOR THE VILLAGE OF MOUNT PROSPECT
Name
Title
Date
FILE NAME: MT_P1SPT.WK1
PD
$95.00 /hour
Project Manager
PM
$67.00 /hour
Project Engineer
3/29/90
$58.00 /hour
RJN ENVIRON!MAL ASSOCIATES, INC.
DP
$42.00 /hour
Field Technician
FT
$32.00 /hour
COST ESTIMATE
OT/CL
$22.00 /hour
FOR
STORNWATER
MANAGEMENT USER
CHARGE
STUDY
VILLAGE OF MOUNT PROSPECT
DIRECT HOURS
TOTAL
TOTAL
WORK TASKS
PD
PN PE
DP
FT
OT/CL
HOURS
PRICE
1. Project Initiation/Meetings
4
--T----1rtx----y_____0.H-M--4TMF--4---32
12 2
0
—rt-$#
1,968
2. Review Ordinances/Utility
0
4 14
0
0
0
18
$1,080
Billing System
3. Literature Review/
0
6 20
0
0
0
26
$1,562
Rate Comparisons
4. Data Collection
0
8 50
0
0
0
58
$3,436
5. Evaluate Alternative
4
16 60
0
0
0
80
$4,932
Rate Structures
6. Report and Recommendations
8
16 24
8
0
8
64
$3,736
7. Presentations
0
8 12
8
0
4
32
$1,656
SUBTOTAL
--------------------------------------------------------------------------------------------
16
70 192
16
0
16
+
310
k$19,370�
If V:I: "a011Ii
Travel 3 Trips 140 Miles @ $0.255/mile $30
Printing $250
------------------------------------------------------------------------------------------------
SUBTOTAL OTHER DIRECT COSTS $280
GRAND TOTAL $18,650 -
Project Director
PD
$95.00 /hour
Project Manager
PM
$67.00 /hour
Project Engineer
PE
$58.00 /hour
Draftsperson
DP
$42.00 /hour
Field Technician
FT
$32.00 /hour
Office Technician/Clerical
OT/CL
$22.00 /hour
B:,
USINESS & AN
Municipalities 1 Stormwater
Management
Under the 1987 Clean Water Act
Amendments, EPA will soon prom-
ulgate final rules requiring municipali-
ties to develop and implement stormwater
management programs to control non -
point source pollution. Cities with popu-
lations of 100.000 or more will be
required to obtain National Pollutant
Discharge Elimination System (NPDES)
permits for their storm sewer systems, and
they will have to manage stormwater
runoff to control water -quality impacts to
receiving waters.
Permit applications are due 2 years from
the rule's publication date, which is ex-
pected to be in late July.
These stormwater management re-
quirements come at a time when federal
grant assistance for water pollution con-
trol projects has been replaced by the State
Revolving Fund (SRF) Loan Program. Al-
though the SRF program
makes loans available at
below-market rates and
extends eligibility to
projects to control non -
point source pollution,
local governments must
still bear full financial
responsibility for their
stormwater management
programs. One financing
option that some com-
munities are already im-
plementing is the storm -
water utility, which relies
on user fees rather than
traditional tax revenues to
fund stormwater manage-
ment.
DEVELOPING A
USER -FEE SYSTEM
Like a wastewater or
water utility, the storm -
water utility is user-ori-
cnted, with costs allo-
cated according to the
services receis ed. Charges
are related to the runoff
from a given parcel of
land (after a storm) in
excess of that contributed
in the parcel's natural
state. Thus, each parcel of
land within a local gt,c-
ernment's jurisdiction is
assessed a fee based on its
runoff characteristics.
The fee structure is generally baud on
an equivalent residential unit (ERU),
which is theaverage impervious area for
all dwelling units (single family, multi-
family, condominiums, and mobile
homes) in the utility service area. The
runoff potential for parcels in all other
land -use categories is then assessed by the
number ofERUs equal to the impervious
area contained on each parcel. Typical
monthly charges range from S2 to S3 per
ERU.
The user -fee system must be tailored
to each community, calibrated to local
conditions such as soil type, depth to
groundwater, land use, and financial
needs.
THE WESTERN EXPERIENCE
The stormwater utility concept is not
nevv in the western U.S., although it offers
new advantages in fight of the proposed
stormwater management regulations.
Since 1974, Boulder, Colo., has fi-
nanced its stormwater management pro-
gram through a stormwater utility. By the
early 1980s, user -fee systems were also
operating in Denver and Aurora, Colo.;
Tacoma, Bellevue, Vancouver, and Clark
County, Wash.; and Portland and Corval-
lis, Oreg.
More recently, Loveland, Colo., imple-
mented a stormwater utility in 1988 to
fined ongoing operations and maintenance
as well as capital improvements in its 58 -
sq mile drainage area. The city generates
about $400,000 per year in user fees. "We
identified about 100 projects for imme-
diate improvements," notes Don Carlson,
an engineer in the city's Environmental
Resources Division. "We are concentrat-
ing on solving many of the local nuisance
problems to foster public acceptance of
the utility concept." Before the utility
program was implemented, a 2 -year pub-
fic information effort was conducted to
gain public support.
Increased interest in stormwater man-
agement is expected as states complete
their nonpoint source water -quality assess-
ments and management plans required by
Section 319 of the Clean
o Water Act. This will allow
V municipalities to apply for
SRF loans for capital
improvement projects to
control nonpoint source
pollution. To meet the
proposed NPDES storm -
water permitting require-
ments, however, munici-
palities will also have to
establish a continuing
revenue source for their
stormwater management
programs.
Recognizing the immi-
nent need for increased
funding to comply with
new stormwater manage-
mcnt rules, the Texas
legislature enacted the
Municipal Drainage
Utility Systems Act in
September 1989, ena-
bling cities to implement
stormwater utilities. The
Texas Water Commission
is strongly promoting the
stormwater utility con-
cept because there will
not be enough SRF loan
money to support mu-
nicipal stormwater man-
agement needs.
City streets, b wtu of polluted
tonditiores ood aapttl WKff, ohoo
rontn-Lute to stormwater problems.
*1 1990 19
UTILITIES TAKE OFF IN FLORIDA
The Surface Water Im-
provement and Management
Act of 1987 (SWIM) was
enacted in Florida to control
water -quality impacts from
},
,..
nonpomt source pollution."
The 1989 amendments to
+. f
this stormwater legislation
recommended that local'
governments consider a
stormwater utility structure
%W " ^
to finance compliance
imeas-
ures. By the time this recom-
mendation was made, several
=
Florida communities faced
14
with rapid development de-
mands and general revenue
;.:•:
constraints had already im-
plemented utility systems,
and many more are expected"
to follow.
The first stormwater util-
ity system in Florida was
"=
developed for the city ofTal-
lahassee. Billing began in
October 1986, generating
revenue to increase the city's
stormwater management op-
erations and maintenance
program as well as fund a
stormwater master -planning
project through the North-
west Florida Water Manage-
ment District. Since then,
more than 25 Florida com-
mumtics have followed Tallahassee's lead.
Faced with a stormwater master plan
that identified roughly $267 million in
stormwater improvements, the cin• of
Miami initiated its stormwater utilin in
September 1988. According to Jim Kay,
the city's assistant director ofpubhc works,
"We felt the utility was a reasonable way
to help fund our capital improvements and
maintenance needs. And we wanted to be
certain of an ongoing source of funds to
implement the upcoming federal water -
quality requirements for stormwater dis-
charges."
Miami's utility collects an estimated
tj
Chnin t kWaV probheits
"+7 are expensive to save; mar( dro
have implemerted tew fees b pA e
MOM holls.
downtown redevelopment drainage mas-
ter plan that will quickly demonstrate to
residents how their S2/ERU monthh
user fees arc being spent for needed storm -
water improvements.
Financing stormwater management
through user fees instead of taxes has
proven to be an equitable funding
method. This steady revenue source en-
sures that funds will be available to sup-
port proper planning, construction, and
operation of stormwater management
systems to comph" with the requirements
to control nonpoint source pollution in
the Clean Water Act.
S5.3 million annually. Thus far, the city
has used these funds to implement sev-
eral local drainage projects and support a
large-scale maintenance, program. it has
also qualified for $2 million in matching
funds from the state SWIM program 1br
projects to protect water quality.
The city of Ocala began its stormwater
utility system in October 1988. "We are
generating about $1 million per year.
About one-third goes to maintenance of
existing facilities," notes B. William Ten -
Brock, city engineer. "The rest is being
used to fund the engineering and con-
struction of basin -wide improvements to
upgrade the entire city for a 100 -year
storm." The city has also developed a