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HomeMy WebLinkAbout6. New Business 12/20/2011Village of Mount Prospect Community Development Department MEMORANDUM TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: DECEMBER 8, 2011 SUBJECT: PZ -29 -11 13401 S. BUSSE ROAD/ AMEND PLANNED UNIT DEVELOPMENT 1 ARROW ROAD CONSTRUCTION The Petitioner proposes to install two (2) new asphalt silos, increasing the total number of silos from six (6) to eight (8). The new silos would match the height of the existing silos and would be used for the storage of completed manufactured asphalt material that will be dispensed into trucks and hauled off - site. The Subject Property was developed under Cook County regulations and was annexed into Mount Prospect in 1982. At that time, the Village approved a Planned Unit Development and Variations that would allow the Petitioner to maintain the existing asphalt manufacturing /refining operation. Since the proposed silos would measure up to eighty (80) feet in height and were not part of the original zoning approvals, an amendment to the original PUD is required to allow two (2) new asphalt silos that would measure no more than eighty (80) feet from grade. The Planning & Zoning Commission conducted a public hearing to review the requests on Thursday, December 8, 2011, and by a vote of 5 -0, recommended approval of the following motion: "To amend the Planned Unit Development being the subject of Ordinance No. 3289 to allow the construction of two (2) additional asphalt silos that measure no more than eighty (80) feet from grade, as shown in the Petitioner's exhibits prepared by Dillman dated September 12, 2011 and HRGreen, Inc., dated October 25, 2011, for the property located at 3401 S. Busse Road, Case No. PZ- 29 -11." Details of the proceedings and items discussed during the Planning and Zoning Commission hearing are included in the attached minutes. Please forward this memorandum and attachments to the Village Board for their review and consideration at their December 20, 2011 meeting. Staff will be present to answer any questions related to this matter. k a �� William ,% Cooney, J ., AICP %%VMVhlhNWLAThPlaot&Zoning COt rIIvRPBZ2011 \46]Meoms4PZ- 29- 1174015. Bu Rd.(AmreLI1)Awx 3401 South Busse Road - P.O. Box 334 e Mount Prospect, Illinois 60056-0334 Phone: 847-437-0700 a Fax: 847-437-0779 Algonquin Plant Carpentersville Plant Phone: 847-658-1140 Phone: 847-783-6680 Fax: 847-783-6697 Fax: 847-783-6697 December 9, 2011 Mr. William J. Cooney, AICP Director of Community Development Village of Mount Prospect 50 S. Emerson Street Mount Prospect, IL 60056 RE: PZ-29-11/3401 S. Busse Road Arrow Road Construction Co. Dear Mr. Cooney: The Planning and Zoning Committee recommended approval of our request to amend our Planned Unit Development and allow the construction of two (2) asphalt storage silos by a 5-0 vote. Our request is scheduled to go before the Village Board for the Ordinance's first reading on December 20, 2011. We are requesting that the Village Board waive the second reading, tentatively scheduled for January 3, 2012 and take final action at the December 20, 2011 meeting. We are anxious to start the project as soon as possible due to the seasonality of our business. I appreciate your assistance in facilitating this request. Should you have questions or require additional information, please feel free to contact me at (847) 437-0700. Sincerely, Arrow Road Construction Company (,J F. Healy President JFH/jt cc: David McArdle Zukowski Rogers Flood & McArdle cc: Consucla Andrade Development Review Planner Village of Mt. Prospect MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION . CASE NO. PZ -29 -11 PROPERTY ADDRESS: PETITIONER: PUBLICATION DATE: PIN NUMBER: REQUEST: MEMBERS PRESENT: MEMBERS ABSENT: STAFF MEMBERS PRESENT: INTERESTED PARTIES: Hearing Date: December 8, 2011 3401 S. Busse Road Arrow Road Construction Company November 23, 2011 08 -23 -300- 036 -0000 Amend Planned Unit Development to allow two (2) new silos measuring no more than eighty (80) feet in height. Richard Rogers, Chair William Beattie Joseph Donnelly Keith Youngquist Jacqueline Hinaber, Alternate Leo FIoros Theo Foggy Ronald Roberts Consuelo Andrade, Development Review Planner Brian Simmons, Deputy Director of Community Development Dave McArdle, John Healy Chairman Rogers called the meeting to order at 7:32 p.m. Mr. Donnelly made a motion, seconded by Mr. Beattie to approve the minutes of the October 27, 2011 Planning & Zoning Commission meeting; the minutes were approved 5 -0. After hearing one (1) previous case, Chairman Rogers introduced Case PZ- 29 -11, 3401 S. Busse Road at 7:38 p.m. Ms. Andrade said the Petitioner for PZ- 29 -11. was seeking to amend its original Planned Unit Development (PUD) approval to allow two (2) new asphalt silos not to exceed eighty (80) feet in height for the property at 3401 S. Busse Road. Ms. Andrade stated the Subject Property was developed under Cook County regulations and annexed into Mount Prospect in 1982. It is located on the cast side of Busse Road and consists of an asphalt manufacturing and refining business, including six (6) silos measuring approximately eighty (80) feet in height. The Subject Property is zoned I1 Limited Industrial Planned Unit Development and is bordered by the I1 District to the north and east, RX Single Family District to the west, and an unincorporated area to the south. Ms. Andrade said the Petitioner proposed to install two (2) new asphalt silos, increasing the total number of silos to eight (8). The new silos would match the height of the existing silos and would serve the same purpose. The silos allow for the storage of completed manufactured asphalt material that would be dispensed into trucks and hauled off -site. Ms. Andrade stated when the Subject Property was annexed into Mount Prospect; the Village approved a Planned Unit Development and Variations that would allow the Petitioner to maintain the existing asphalt Richard Rogers, Chair PZ -29 -11 Planning & Zoning Commission Meeting December 8, 2011 Page I of 3 manufacturing/refining operation. Since the proposed silos would measure up to eighty (80) feet in height and were not part of the original zoning approvals, an amendment to the original PUD was required to allow two (2) new asphalt silos. Ms. Andrade said the elevation drawings indicated the new silos would measure seventy eight and one half feet (78.5) from grade, which would match the height of the existing silos. Ms. Andrade stated the standards for Conditional Uses are listed in Section 14.203 of the Village Zoning Ordinance and include seven (7) specific findings that must be made in order to approve a Conditional Use. The findings include: • The Conditional Use will not have a detrimental impact on the public health, safety, morals, comfort or general welfare; • The Conditional Use will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; and that • Adequate provision of utilities, drainage, and design of access and egress to minimize congestion on Village streets. Ms. Andrade said Staff reviewed the Petitioner's application and found that the request is consistent with the original PUD approval because the operation of the business and the physical on -site conditions would be keeping with the original approval. The height of the silos would not change the intent of the original PUD approval or increase the intensity of business operations. The Petitioner currently has an existing permit from the Illinois Environmental Protection Agency that allows the Petitioner to operate a drum -mix asphalt plant, including of up to eight (8) silos. Ms. Andrade stated Staff found that the request met the Conditional Use standards and recommended that the Planning and Zoning Commission approve the motion Iisted in the Staff Report. Chairman Rogers swore in Dave McArdle and John Healy. Mr. McArdle stated that he is the Attorney for Arrow Road Construction Company and Mr. Healy is the owner, 3401 S. Busse Road, Mount Prospect, Illinois. Mr. McArdle commended Staff on its presentation and would be willing to answer any additional questions regarding the zoning request. Mr. Donnelly discussed the previous zoning case (PZ- 01 -08) for the Subject Property that allowed the last two (2) silos. He believed there were conditions placed that only allowed the Petitioner's company logo on the silos and not billboard advertising. Mr. Healy confirmed Mr. Donnelly's statement was correct and that Arrow Road would only continue placing their company logo on the proposed silos. Chairman Rogers asked if there was anyone else in the audience to address this case. Hearing none, he closed the public portion of the case at 7:44 p.m. and brought the discussion back to the board. Mr. Donnelly asked if the signage issue would have to be added to the motion or was it just understood. Mr. McArdle stated that the previous Ordinance did not have any language in regards to advertising; it was something the Petitioner previously agreed to do. Mr. Simmons said per the Village's Sign Code, advertising would not be allowed on the silos; that is why the language was left out of the Ordinance. Mr. Donnelly made a motion, seconded by Mr. Beattie to amend the Planned Unit Development being the subject of Ordinance No. 3289 to allow the construction of two (2) additional asphalt silos that measure no more than eighty (80) feet from grade, for the property located at 3401 S. Busse Road, Case Number PZ- 29 -11. UPON ROLL CALL: AYES: Beattie, Donnelly, Hinaber, Youngquist, Rogers NAYS: None Richard Rogers, Chair PZ -29 -11 Planning & Zoning Commission Meeting December 8, 2011 Page 2 of 3 The motion was approved 5 -0. The Village Board's decision is final for this case. Chairman Rogers asked if there were any citizens in the audience waiting to be heard. Hearing none, Mr. Donnelly made a motion, seconded by Ms. Hinaber to adjourn at 7:47 p.m. The motion was approved by a voice vote and the meeting was adjourned. Ryan Kast, Community Development Administrative Assistant Richard Rogers, Chair PZ -29 -11 Planning & Zoning Commission Meeting December 8, 2011 Page 3 of 3 { v f Village of Mount Prospect Community Development Department CASE SUMMARY -- PZ -29 -11 Mouth P rmpccc LOCATION: 3401 S. Busse Road PETITIONER: Arrow Road Construction Company OWNER: Arrow Road Construction Company PARCEL #: 08 -23 -300- 036 -0000 LOT SIZE: 6.65+ acres ZONING: 11 Limited Industrial Planned Unit Development LAND USE: Asphalt Manufacturing & Refining REQUEST: Amend Planned Unit Development to allow two (2) new silos measuring no more than eighty (80) feet in height. LOCATION MAP Village of Mount Prospect Community Development Department MEMORANDUM TO: FROM: DATE: HEARING DATE: SUBJECT: 1414 L11] MOUNT PROSPECT PLANNING & ZONING COMMISSION RICHARD ROGERS, CHAIRPERSON CONSUELO ANDRADE, DEVELOPMENT REVIEW PLANNER NOVEMBER 23, 2011 DECEMBER 8, 2011 Mourn Prosp !cr PZ -29 -11 /AMEND PLANNED UNIT DEVELOPMENT/ 3401 S. BUSSE ROAD/ ARROW ROAD CONSTRUCTION A public hearing has been scheduled for the December 8, 2011 Planning & Zoning Commission meeting to review the application by Arrow Road Construction Company (the "Petitioner "), regarding the property located at 3401 S. Busse Road (the "Subject Property"), The Petitioner is seeking to amend its original Planned Unit Development approval to allow two (2) new asphalt silos not to exceed 80 -feet in height. The P &Z Commission hearing was properly noticed in the November 23, 2011 edition of the Journal Topics Newspaper. In addition, Staff has completed the required written notice to property owners within 250 -feet and posted Public Hearing signs on the Subject Property. PROPERTY DESCRIPTION The Subject Property is located on the east side of Busse Road, and consists of an asphalt manufacturing & refining business, including six (6) silos measuring approximately eighty (80) feet in height. The Subject Property is zoned 11 Limited Industrial Planned Unit Development (PUD) and is bordered by the 11 District to the north and east, RX Single Family District to the west, and an unincorporated area to the south. SUMMARY OF REVISED PROPOSAL The Petitioner proposes to install two (2) new asphalt silos, increasing the total number of silos to eight (8). The new silos would match the height of the existing silos and would serve the same purpose. The silos allow for the storage of completed manufactured asphalt material that will be dispensed into trucks and hauled off-site. . The Subject Property was developed under Cook County regulations and was annexed into Mount Prospect in 1982. At that time, the Village approved a Planned Unit Development and Variations that would allow the Petitioner to maintain the existing asphalt manufacturing/refining operation. Since the proposed silos would measure up to eighty (80) in height and were not part of the original zoning approvals, an amendment to the original PUD is required to allow two (2) new asphalt silos that would measure no more than eighty (80) feet from grade. GENERAL ZONING COMPLIANCE The Subject Property does not meet the Village's current bulk regulations because there are multiple structures that exceed the maximum 30 -foot height limitation for the I1 District. Additionally, several of the material PZ -29- I 1 PIanning &.Zoning Commission Meeting December 8, 2011 Page 3 storage areas appear to encroach into the required setbacks. The existing conditions were granted zoning relief and are allowed to remain in their current state. PLANNED UNIT DEVELOPMENT STANDARDS The Petitioner's request is considered a major change to the original PUD approval. In order for the Village to consider the Petitioner's request to amend the original PUD to allow two (2) new silos that would measure no mord than eighty (80) feet from grade, the request is required to comply with the Village Code's PUD standards. The following list is a summary of these findings: 1. Except as modified by and approved in the final development plan, the proposed development complies with the regulations of the district or districts in which it is to be located. 2. The principal use in the proposed Planned Unit Development is consistent.with the recommendations of the Comprehensive Plan of the Village for the area containing the subject site. 3. That the proposed Planned Unit Development is in the public interest and is consistent with the purposes of this zoning ordinance. 4. That the streets have been designed to avoid: a. Inconvenient or unsafe access to the planned unit development; b. Traffic congestion in the streets which adjoin the planned unit development; c. An excessive burden on public parks, recreation areas, schools, and other public facilities which serve or are proposed to serve the Planned Unit Development. Staff found that the request is consistent with the original PUD approval because the operation of the business and the physical on -site conditions will be in keeping with the original approval. The height of the silos will not change the intent of the original PUD approval or increase the intensity of business operations. CONDITIONAL USE STANDARDS Staff conducted further analysis of the request because Conditional Use approval is required for a PUD. The standards for Conditional Uses are listed in Section 14.203.F.8 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Conditional Use. The following list is a summary of these findings: • The Conditional Use will not have a detrimental impact on the public health, safety, morals, comfort or general welfare; • The Conditional Use will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; • Adequate provision of utilities, drainage, and design of access and egress to minimize congestion on Village streets; and • Compliance of the Conditional Use with the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances. The Subject Property is zoned - Limited Industrial and an asphalt operation is a Conditional Use in this district. The Petitioner received Planned Unit Development approval in 1982 to continue operating the existing asphalt I1 Limited Industrial Minimum Reg uirements Existing Pro nosed Setbacks: Front 30' 25' (west) No than e Interior 15' 0' north /south) No change Rear 20' 0' (cast) No change =Building Height 30' 80' - silos 80' -silos PLANNED UNIT DEVELOPMENT STANDARDS The Petitioner's request is considered a major change to the original PUD approval. In order for the Village to consider the Petitioner's request to amend the original PUD to allow two (2) new silos that would measure no mord than eighty (80) feet from grade, the request is required to comply with the Village Code's PUD standards. The following list is a summary of these findings: 1. Except as modified by and approved in the final development plan, the proposed development complies with the regulations of the district or districts in which it is to be located. 2. The principal use in the proposed Planned Unit Development is consistent.with the recommendations of the Comprehensive Plan of the Village for the area containing the subject site. 3. That the proposed Planned Unit Development is in the public interest and is consistent with the purposes of this zoning ordinance. 4. That the streets have been designed to avoid: a. Inconvenient or unsafe access to the planned unit development; b. Traffic congestion in the streets which adjoin the planned unit development; c. An excessive burden on public parks, recreation areas, schools, and other public facilities which serve or are proposed to serve the Planned Unit Development. Staff found that the request is consistent with the original PUD approval because the operation of the business and the physical on -site conditions will be in keeping with the original approval. The height of the silos will not change the intent of the original PUD approval or increase the intensity of business operations. CONDITIONAL USE STANDARDS Staff conducted further analysis of the request because Conditional Use approval is required for a PUD. The standards for Conditional Uses are listed in Section 14.203.F.8 of the Village Zoning Ordinance and include seven specific findings that must be made in order to approve a Conditional Use. The following list is a summary of these findings: • The Conditional Use will not have a detrimental impact on the public health, safety, morals, comfort or general welfare; • The Conditional Use will not be injurious to the use, enjoyment, or value of other properties in the vicinity or impede the orderly development of those properties; • Adequate provision of utilities, drainage, and design of access and egress to minimize congestion on Village streets; and • Compliance of the Conditional Use with the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances. The Subject Property is zoned - Limited Industrial and an asphalt operation is a Conditional Use in this district. The Petitioner received Planned Unit Development approval in 1982 to continue operating the existing asphalt PZ -29 -11 Planning & Zoning Commission Meeting December 8, 2011 page 4 operation. The additional silos require an amendment to the original approval as the height of the proposed silos was not granted code relief as part of the original zoning approvals. Staff reviewed the Petitioner's application, including an existing permit issued to the Petitioner from the Illinois Environmental Protection Agency (IEPA). The existing IEPA permit was issued in November of 2009 by the IEPA's Division of Air Pollution Control. The permit allows the Petitioner to operate a drum -mix asphalt plant, including of up to eight (8) silos, twelve (12) storage tanks, up to five (5) asphalt tank heaters and boilers, and other related equipment. The Petitioner's .proposal to add two (2) new silos will increase the total number of silos to eight (8), which will not exceed the maximum number as permitted by the exiting IEPA permit. Per the Petitioner, the additional silos will not increase the intensity of asphalt manufacturing process or material output of the plant. The additional silos will allow for operational flexibility to meet current ID OT specifications. Based on this information, Staff found that the request would meet the Conditional Use standards. RECOMMENDATION The request-to amend the original PUD approval to allow the construction of two (2) new asphalt silos not to exceed eighty (80) feet in height meets the standards for a Conditional Use contained in Section 14.203.P.8 of the Zoning Ordinance -as noted above. Based on this analysis, Staff recommends that the P &Z approVQ the following motion: "To amend the Planned Unit Development being the subject of Ordinance No. 3289 to allow the construction of two (2) additional asphalt silos that measure no more than eighty (80) feet from grade, as shown in the Petitioner's exhibits prepared by Dillman dated September 12, 2011 and HRGreen, Inc., dated October 25, 2011, for the property located at 3401 S. Busse Road, Case No. PZ- 29 -11." The Village Board's decision is final for this case I concur: William J. Cooney, AICP, Director of Community Development HAK.kNftnning &Zoning CON AT&Z 20J 1%taJTR*onaZ -29-11 3401 S. Bmi Rd. (An=$ PM).dm VILLAGE OF MOUNT PROSPECT tProspect COMMUNITY DEVELOPMENT DEPARTMENT — Planning Division 50 S. Emerson Street Mount Prospect, Illinois 60056 Phone 847.818.5328 FAX 847.818.5329 Application for Conditional Use Approval (Amendment T aseN umber C ' P &Z Uevelopmerit NanielAddres§ z 0 H d 0 z W E-� z H Address(es) (Street Number, Street) 3401 S. Busse Road, Mount Prosper Site Area (Acres) Property Zoning 7.2 acres Setbacks: see ttached exhibit Front I Rear Building North Land Uses: Lot Coverage ( %) Tax F.D. Number. or County Assigned Pin 08 -23- 300 -036 , Illinois 60056 Total Building Sq. Ft. (Site) N/A Side Side of Parking Spaces East West Legal Description (attach additional sheets if necessary) see legal description attached O Name Telephone (day) Arrow Road Construction Co. 847/437 - 0700 Corporation Telephone (evening) a .� Arrow Road Construction Company ' Street Address Fax: D 2 3401 S. Busse Road 847/437 --0779 x i City State Zip Code Email Mount Prospect IL 60056 jhealy @arrowroad.cem Developer Name Arrow Road Construction Company Telephone (day)8 --0700 Address 3401 S. Busse Road Fax 8 47/437 -0779 Mount Prospect, IL 60056 Email j healy @arrowroad.com AttorneyDavid W. McArdle Name Zukowski, Rogers, Flood & McArdle Telephone (day )815 /459 -2050 Address 50 Virginia Street Fax 8 15/459 -9057 Crystal_ Lake_,_ IL 60014 Email d mcardle @zrfmlaw.com Surveyor Z Name N/A Telephone (day) O = e " Address Fax 0 Email Engineer O Name Dillman Engineering Telephone (day) 608/326 -4820 o Address 34600 County Road K Fax x A _ti{1R /'��tird9fi7__ U Prairie du Chien, WI 53821 -8592 a� Email Architect Name N/A Telephone (day): Address Fax Email Landscape Architect Name N/A Telephone (day): Address Fax Email Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect.org 2 TDD 847.392.6064 Please note that the application will not be reviewed until this petition has been fully completed and all required plans and other materials have been satisfactorily submitted to the Planning Division. Incomplete submittals will not be accepted. It is strongly suggested that the petitioner schedule an appointment with the appropriate Village staff so that materials can be reviewed for accuracy and completeness at the time of submittal. In consideration of the information contained in this petition as well as all supporting documentation, it is requested that approval be given to this request. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agents permission to enter on the property during reasonable hours for visual inspection of the subject property. I hereby affirm that all information provided herein and in all materials submitted in association with this application are true and accurate to the best of my knowledge. Applicant Date _u O J F. x, President f Ixd �cn Cb. If applicant Mn 911r cry owner. I hereby designate the applicant to act as my agent for the purpose of seeking the Variation(s) described in this application and the associated supportin material. Armes Rai Ctnstzuctim w. Property Owner By: Jdn F. Healy, Pxes ident Date .- Mount ProspecVD ent of Co minu Development Phone 847.81.8.5328 50 South Emer Mount Prospe llinois Fax 847.818.5329 www.mountpr 3 TDD 847.392.6064 Proposed Conditional Use (as listed in the zoning district' To erect two additional Asphalt s r ' Describe in Detail the Buildings and Activities Proposed and How the Proposed Use Meets the Attached Standards for Conditional Use Approval (attach additional sheets if necessary) Construction of (2) two additional silos similar in shape and size to the silos already located on the subject property,, See attached drawings by A i Dillman Engineering and H.R. Green for further description. The two (2) >' a additional silos are permitted by the current IEPA permit issued to the w a applicant. See attached. Z �D° U Hours of Operation No change Address(es) (Street Number, Street) 3401 S se Road Mount Prosinec t Illinois Site Area (Acres) Property Zoning Total Building Sq. Ft, (Site) Sq. Ft. Devoted to Proposed Use A " 7.2 acres +/ I--1 Light Indust 'al N/A approx. 320 sq. ft. Setbacks: exhibit P Front Rear Side Sid e O Building Height Lot Coverage ( %) Number of Parking Spaces Please note that the application will not be reviewed until this petition has been fully completed and all required plans and other materials have been satisfactorily submitted to the Planning Division. Incomplete submittals will not be accepted. It is strongly suggested that the petitioner schedule an appointment with the appropriate Village staff so that materials can be reviewed for accuracy and completeness at the time of submittal. In consideration of the information contained in this petition as well as all supporting documentation, it is requested that approval be given to this request. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agents permission to enter on the property during reasonable hours for visual inspection of the subject property. I hereby affirm that all information provided herein and in all materials submitted in association with this application are true and accurate to the best of my knowledge. Applicant Date _u O J F. x, President f Ixd �cn Cb. If applicant Mn 911r cry owner. I hereby designate the applicant to act as my agent for the purpose of seeking the Variation(s) described in this application and the associated supportin material. Armes Rai Ctnstzuctim w. Property Owner By: Jdn F. Healy, Pxes ident Date .- Mount ProspecVD ent of Co minu Development Phone 847.81.8.5328 50 South Emer Mount Prospe llinois Fax 847.818.5329 www.mountpr 3 TDD 847.392.6064 Affidavit of Ownership COUNTY OF COOK ) STATE OF ILLINOIS j I s ; John F. Healy the sole (beneficiary) an X an authorized officer of the under oath, state that I am owner of the property ) commonly described as see legal description attached and that such property is Arrow Road Construction Co. as of this date. owned by Signa e` oho Healy, Pres et Subscribed and sworn to before me this - day of PC) 0JV 8C , 20 1 5 � Notary Public "OFFICIAL S£AV John S. Mueller No" PO4liic, State of I111nofS [MY Commission Expires Feb. 24, 2015 Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect.org 4 TDD 847.392.6064 LEGAL DESCRIPTION That part of the Southwest 1 /4 of Section 2 3 1, Township 41 North, Range 11 East of the Third Principal Meridian described as follows: Commencing at a point on the West line of Section 23 in said Township and Range, that is 1242.6 feet North of the Southwest corner thereof; thence North along said West line of Section 23, 228.1 feet; thence East along a line that is 1470.7 feet North of and parallel with the South line of said Section 23, a distance of 586.91 feet; thence South on a line that is 2051.50 feet West of and parallel with the East line of said Southwest 1 /4a. distance of 800.0 feet; thence West on a line that is 670.7 feet North of and parallel with said South line of Section 23, a distance of 21.55 feet; thence Northwesterly 791.6 feet along a line which makes a left deflection of 133 degrees 45 minutes 00 seconds with the last described course to the point of beginning all in Cook County, Illinois and lying West of a line parallel with and distant 76 feet East of West line of Section 23. Address: 3401 S. Busse Road, Mount Prospect, Illinois 60056 PIN: 08 -23- 300 -036 Z: WArrowAoad\ ArrowRoadCoustruction \MtProspect\Legal. doe Real Estate Tax Information and Drawings Cook County Treasurer's Office I Property T ax & Payment Information a llklnT Click icon to send page to printer Office of Cook County Treasurer - Maria Pappas -- Cook County Property Tax & Payment Information ~ Printed copies pf this information may not be used as a tax bili- •�` r H ' Payments must be submitted with original tax bill. Property Index Number (PIN): 08 -23- 300 - 036 -0000 page I of -[ 2010 Tax Year Inforination - Payable in 2011 TaxYoar: 2010 Tax Type: CutrentTax Volume: 050 PCL 5-43 Property Location 3401 S BUSSE RD MOUNT PROSPECT, IL 60056 -5 Mailing Information ARROW ROAD CONSTRUCTIO PO BOX 334 MT PROSPECT, IL 600 -0334 Exemption Information Exemptions do not become effective until the second installment. Tax Payment Information Installment 'fax Amount Billed Tax Due Date isl $66,713.33 04/01/2011 Balance Due: $0100 Last Payment Date Received Received $68,713.33 03/12/11 The balance due, including any penalty, is as o6. 9/23/201 f Payments processed are posted through: 9/28/2011 Printed copies of this information may not be used as a tax bill. Payments must be submitted with original tax bill. l-i ttp: l/ www. cookcountytreasurer .com /paymentprintout. aspx ?type = current &pin =0823 3 000... 9/29/2011 4 201 F irst In sta llment Property Tax Bill ' $ 689713-33 Property Index Number (PIN) - Volume Coda ?ax Year ;Payable In) Township BY 09/01/11 (on time) 08 -23 -'300- 036 -0000 050 16048 2010 1 9011.; ELK GROVE IF PA16'1_ATE 94/02/11 : -' 05/01/11 .!F PAIO.LAiE D5 /62111 :- 06/01/11 IF PAID LATE.06 /02/11 -Al/0 $ 69' 744.03 $ 70;774.73 $ LATE PENALTY PAY THIS BILL AT COOXCOUNTYTREASURER.COM OR AT ANY CHICAGOLANO CHASE BANK. 15 1.5% PER MONTH, '- BY STATE LAW. 2009 TOTAL TAX rr r r 124,933.33 3401 S BLISSE F3D MOUNT PROSPECT I L &0056 Property Classiftc3tlon 5 83 2010 ESTIMATE x 55 0 2010 1ST INSTALLMENT y £ 1� DUB DATE APFL 1` t 2:11 = 8, 713.33 ` Y P.: Dear Fellow Taxpayer, � ,� ;:_ �hey20�0,Frrsc I�stalirrt�rt4 Tax DIII Cook County Treasurer ts`due Frlday, Ap1ti 1, 2Q17 �� , '. y passed b the Ilitnots Legislature changes the Fii~ t I�stailrri - coolccountytreasurer.coro ^ er�t .... i.,... ...•L,f..:�a:�:..Y...�V:..:..!i r�'an.....,r�,..i. .�zS_1 �_•_c _r �_..- ..�.. .. .. vim. a 3 ... .. 312.443.51 00 t ARROW ROAD CONSTRUCTIO PO BOX 334 MT PROSPECT IL 60056 -0334 � L i • 1 T s � t i r I. i . � � '�' • 1 .. ' 7 r i ! ' ' r ! 9 Y - � ROAD CONSTRUCTION - ' / C^ The Frl�M6Bank and Trust Company 0 70 Y C [� ARko OAD O, ChicagoManosn Stree 60602 2 648/73'0 MOUNT PFZOSPECT - 1LL[[SpfS - > C?ATc CI- €EGFZNP A.M0UN�T i PAY �k t .fight Thous Seven Hund Th rte iu 33 ! 1.00 J,O� � cy?` *x °W x•'' ' 4F'AYt7a C� K7 atTII.T`( T ` ' RER _ Y 1 l ' � W MON 0070A o L E _'}tr 2 ,? _"4 H,, K '€ , £_ • _� �s .u y z'`" - A If - 1; Eta 'I� �' f PLEASE DETACH BEFORE DEPOSITING �� ##VV�� 'y��� .ARROW ROAD CONSTRUCTION CO., P.O. BOX 334 —MOUNT PROSPECT, IL 60056 (847) 437 -0700 PLAT OF SURVEY I � as�lro�rt Cf+Cx n 1 ' I i I � �� 9x ,a msavu way i - I n I I I \I 4� w� r }gyp sS .rn twl oYM o'Hr Sws+nr rua4. � Ytpla N-n�x W� a� s9 f r ANI MRT LF AK SW IxK3r avApIFJP V Sca]! ]A ToxxPM' of /+ORIX rl FF �T Air Pa fAE KS W'G 'G— }! N 4u0 rox+vS+eP PA44� illl! Ia Yw2i FC!! Nv:CI dF THE sCUdsEST cCR �MEw:Vi C.EVI'F (parr aLWS SAC x£9T 4xE O" s(YriN: S; ]fs.r rETT UST µ0'/c A �rRW !.{ A SN1r FF;Efr P Am.[E rWM l+! 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PROSPECT, IL 60056 Q b�t. y.. dig. w — — — — — — — — — — — --- — — — — — — --- - — — — — — — — — - ... ...... .. xa W 4 P SEOTWO ROPO M ASPHALT SiLO5 T/F = 100-05 INSET A SCALE, I'=20' 1, N0o3 (SEE SET) i " � I LOT I \ (AWdOH MCAD' YISIGLI � f U ARRO3C ROAO CONSTRUCTION-ASMIALTPLA 3102 & 011558 Rom LEGEND Y ARRO3C ROAO CONSTRUCTION-ASMIALTPLA 3102 & 011558 Rom SILOS - PLOT PLAN �'� :��:::: � Yea L„„ty- .k .. � � ";..N "�' -. �? � � � � � ib - �� m' _ S 9�.�� g ., '_ -_ .:�� -� , . .', -� ,- -`..i, ...,. _., ., .. '4-- „'._:. .� �...y�v . 3 e. e z'. ��.�.,.. "»..: ..»rvv3� x __ v"^�aEbe.aC��� ., %, �.t �� °�. S 1 Conditional Use Standards Introduction On February 19, 2008, the Mt. Prospect Village Board adopted Ordinance No.5678, copy attached, amending applicants them existing conditional use to allow the construction of two (2) new asphalt silos upon the Subject Property. The purpose of the prior application was simply to create flexibility in the operations of the existing plant and control the inventory of the finished product. The additional silos did not increase the intensity of the plant operations or the output of the plant. The current application has the exact same purpose and it does .not seek to increase the intensity of the plant operations or the output of the plant. APPYkable Standards Due to the current use of the subject property (the operation of asphalt manufacturing and refining and related uses including rock crushing, concrete mixing and the maintenance of a quarry), the establishment, maintenance or operation of the two (2) additional asphalt silos will not be detrimental to, or endanger the public health, safety, morals, comfort or general welfare. The silos simply allow for additional storage of completed manufactured asphalt material to dispense in trucks. The material is stored for no more than 20 consecutive hours. Allowing the two additional silos will not increase the intensity of asphalt manufacturing process, or material output of the plant, but will provide operational flexibility to meet current MOT specifications. Granting the applicant's request for the two additional asphalt silos would be consistent with the existing permit issued from the IEPA Division of Air Pollution Control, which permits up to eight (8) asphalt storage silos thereunder, see attachment. 2. Because of the zoning and existing uses of surrounding property and the subject property (I -I Light Industrial District), as well as the current conditional uses for the subject property, the conditional use amendment will not be injurious to the uses and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish and impair property values within the neighborhood in which it is located. The height of the two proposed asphalt storage silos, not to exceed 80 feet, does not exceed the height pf the current silos and will be located no closer to the neighboring property. In addition, there is no proposed change to the existing land elevations, landscaping, paving or drainage pattern. 3. Ingress and egress to and from the property in question will not change from the existing access point on Busse Road. Traffic flow has not been a problem in the past and the addition of the two proposed silos will not increase traffic generated by the plant because the two additional silos does not increase the maximum material output of the plant. 4. Due to the current I -1 Light Industrial District zoning and uses of surrounding property, the establishment of the conditional use will complement the current uses of the subject property and not impede the normal and orderly development and improvement of the surrounding property for uses permitted in the district. The two (2) additional storage silos will be consistent with the current uses allowed on the Subject Property. 5. Adequate public utilities, access roads, drainage and/or necessary facilities are already in place for the conditional use amendment being requested. 6. The proposed conditional use amendment is not contrary to the objectives of the Mount Prospect comprehensive plan, which identifies the Subject Property as being planned for industrial uses. 7. The conditional use shall, in all other respects, conform to the applicable regulations of the I- 1 Light Industrial District as previously permitted by the Village of Mt. Prospect. Z: IAUrrowRoadl ArrowRoadConstruction\ MtProspect \Conditiona]UseStandards .doe Existing State and Vii.Zage Permits Attached n State of Illinois Drum -Mix Asphalt Plant Permit No. G2951 A2 ILLINOIS ENVIRONMENTAL PRO i ECT10N AGENCY 1021 NORTH GRAND AVENuE EAST, P.O. Box 19506, SPRfNGFIELD, ILLINOIS 62794 -9506 - ( 217) 782-2113 DOUGLAS P. SCOTT, DIRECTOR - 217/782 -2113 AUTHORIZATION TO OPERATE UNDER A GENERAL PERMIT PERMITTEE Arrow Road Construction Company Attn: John F. Healy 3401 South Busse Road Mount Prospect, Illinois 60056 General Permit No. G2951A2 Application No. 72110054 Applicant's Designation Tempe of source Drum -Mix Asphalt Plant Date Issued November 9 2009 Source Location 3401 South Busse Road, I.D. No. 031804AAA Date Received July 29, 2009 Expiration Date: November 15, 2014 Mount Prospect, Cook County 60056 Authorization is hereby granted to the above- designated Permittee to operate the alcove source, consisting of a drum -mix asphalt plant with a baghouse, up to eight (8) asphalt storage silos, up to twelve (12) storage tanks, up to five (5) asphalt tank heaters and boilers (14 mmBtu /hour total maximum firing rate of all ty"+'! combined), hot mix asphalt silos with truck loadout, and a crushing plant (up to three (3) crushers, up to nine (9) screens, up to thirty (30) conveyor transfer points with associated transfer points) under a General Permit for a drum -mix asphalt plant, pursuant to the above -- referenced application. If you have any questions regarding this authorization, please contact German Barria at 217/782 -- 2113. Edwin C. Bakowski, P.E. Manager, Permit Section Division of Air Pollution Control ECB:GB :psj CC: Region 3 Date Signed: PAPER I LLINOIS ENVIRONMENTAL PROTECTION AGENCY 1 021 NORTH GRANo AVENUE EAST, P.C). BOX 19506, SPRINGFIELD, ILLINOIS 627}4 -9506 - � 217)7 82-2113 DOUGLAS P. SCOTT, DIRECTOR 217/782 -2113 GENERAL FEDERALLY ENFORCEABLE STATE OPERATING PERMIT (FESOP) FOR DRUM --MIX ASPHALT PLANT -- NSPS SOURCE Permit No.: G2951A2 sub Drum -Mix Asphalt Plant Sxxsi.sat3an Date November 15, 2014 This permit is hereby granted to OPERATE a drum -mix asphalt plant as specified below in Findings 1, 2, and 3. To receive authorization, to operate under this General Permit, the owner or operator of a source must submit an application, as described in Finding 4, to the Illinois EPA. Authorization, if granted, will be transmitted by letter. A copy of this permit will be included. Findings 1, This general permit is applicable to drum -mix asphalt plants that meet all of the following criteria: a , y. The plant produces no more than 148,333 tons per month and 890,000 tons per year of asphalt. The drum mixer is equipped with a baghouse for particulate matter control. b, i. The sum of all materials processed by the crushing plant does not exceed 55,000 tons per month and 425,000 tons'per year of reclaimed asphalt pavement (RAP) and recycled concrete. ii_ Water sprays are used on the emission units associated with the crushing plant (crushers, conveyors, and stockpiles) to produce a moisture content of 1.50 by weight or higher in order to control particulate matter emissions, rather than by capture systems and collection devices. iii. All normal traffic pattern access areas surrounding storage piles and all normal traffic pattern roads and parking facilities which are located on the property are paved or treated with water, oils or chemical dust suppressants. All paved areas are cleaned on a regular basis. All areas treated with water, oils or chemical dust suppressants have the treatment applied on a regular basis, or as needed basis. The only fuels fired in the drum mixer and drum dr dryer natural gas, liquefied petroleum gas (LPG), distillate fuel oil grades No. 1 and 2 (i.e., diesel) or residual fuel oil grades No. 4, 5, and 5. The use of used oil far fuel in the drum mincer and drum dryer is allowed only if the owner or operator of the affected drum -mix asphalt plant has received prior written approval from the Illinois EPA and has performed stack testing to verify compliance with all applicable requirements. P RINTED ON RECYC4ED PAPER Page 2 ii. A. The only fuels fired in the boilers, and tarok heaters are natural gas, liquefied petroleum gas (LPG), distillate fuel oil grades No. 1 and 2 (i.e., diesel) or residual fuel oil grades No. 4, 5, and 6. B. The total design heat input capacity of any individual boiler or any individual asphalt tank heater does not exceed 10.0 million Btu /hour and the total rated heat input capacity for all such units shall not exceed 14 million Stu /hour. d. Unless it is otherwise addressed -by this permit, any other emission units requiring a permit from the Illinois EPA are not present at this source. 2. For purposes of this permit, an affected drum -mix asphalt plant includes all aggregate transfer, weigh -hopper loading, loading and transferring at the site and is one that does not exceed: a. One (1) asphalt drum mixer and one (1) drum dryer with a baghouse; b. Eight (8) asphalt storage silos with truck loadout; c. Twelve (12) storage tanks each with capacities less than: i. 19,815 gallons for tanks used to store gasoline; or Ii. 39,889 gallons for tanks used to store materials with a vapor pressure less than 2.17 psi (e.g., asphalt cement, asphalt oil, fuel oils, etc.). d. Five (5) asphalt tank heaters and boilers (10 mmBtu /hour maximum firing rate per individual unit and a total of 14 mmStu /hour maximum firing for all such units); e. RAP /recycled concrete.crushing plant comprised of: i. Three. (3) crushers; i_i. Nine (9) screens; and iii. Thirty (30) conveyors associated with the crushing plant. 3. This permit imposes conditions on activities at the affected drum -mix asphalt plant to assure compliance with applicable requirements of: a. 40 CPR Part 60, Subparts A, I, and 000; b. 40 CFR Part 63, Subparts A and CCCCCC; C. 35 Ill. Adm. Code Part 212, Subparts R, K,. and L; Page 4 i. To limit the emissions of air pollutants from the source to less than major source thresholds (i.e., 100 tons /year for Carbon Monoxide (CO), Nitrogen Oxides (NO , and Sulfur Dioxide (so a )) As a result, the source is excluded from the requirements to obtain a Clean Air Act Permit Program (CAAPP) permit. The maximum emissions of this source, as limited by the conditions of this permit are described in Attachment A; and ii.. To limit the potential emissions of VON from the source to less than 25 tons /year. As a result, an affected drum -mix asphalt plant, which is located in Chicago area, is excluded from the requirements of 35 Ill. Adm. Code Part 205, Emission Reduction Market system. The maximum emissions of this source, as limited by the conditions of this permit, are described in Attachment A. iii. To establish federally enforceable production and operating limitations, which restrict the potential to emit for VOM to less than 25 tons per year so that an affected drum --mix asphalt plant, which is located in Chicago area, is not subject to the requirements of 35 I11. Adm. Code Part 218 Subpart TT (Other Emission Units). b. Prior to issuance, a draft of this permit has undergone a public notice and comment period. C. This permit supersedes all operating permit(s) issued for this location. d. This permit allows the operation and construction of additional emission units of an affected drum -mix asphalt plant (including all aggregate transfer, weigh-hopper loading, loading and transferring-at the site) not to exceed: i. One (1) asphalt drum mixer and one (1) drum dryer with a baghouse; ii. Eight (8) asphalt storage silos with truck loadout; iii,. Twelve (12) storage tanks each with capacities less than: A. 19,815 gallons for tanks used to store gasoline; or B. 39,889 gallons for tanks used to store materials with a vapor pressure less than 2.17 psi. (e.g., asphalt cement, asphalt oil, fuel oils, etc.). Iv. Five (5).asphalt tank heaters and boilers (10 mmBtu /hour maximum firing rate per individual unit and a total of 14 mmBtu /hour maximum firing for all such units); Page 6 hot mix asphalt facilities that reduce the size of nonmetallic minerals embedded in recycled asphalt pavement and subsequent affected facilities up to, but not including, the first storage silo or bin are subject to the provisions of 40 CFR 60 Subpart 000. i. Pursuant to 40 CFR 60.672(b), affected facilities must meet the fugitive emission limits and compliance requirements in Table of 40 CFR 60 Subpart 000 (see also Attachment B) within 60 days after achieving the maximum production rate at which the affected facility will be operated, but not later than 180 days after initial startup as required under 40 CFR 60.11. The requirements in Table 3 of 40 CFR 60 Subpart 000 (see also Attachment B) apply for fugitive emissions from affected facilities without capture systems and for fugitive emissions escaping capture systems. Ii. Pursuant to 40 CFR 60.672(d), truck dumping of nonmetallic minerals into any screening operation, feed hopper, or crusher is exempt from the requirements of 40 CFR 60.672. iii. Pursuant to 40 CFR 60.672(e), if any transfer point on a conveyor belt or any other affected facility is enclosed in a building, then each enclosed affected facility must comply with the emission limits in 40 CFR 60.672(a) and (b), or the building enclosing the affected facility or facilities must comply with the following emission limits: A. Fugitive emissions from any building openings (except for vents as defined in 40 CFR'60.671) must not exceed 7 percent opacity; and B. Vents (as defined in 40 CFR 60.671) in the tuilding must meet the applicable stack emission limits and compliance requirements in Table 2 of 40 CFR 60 Subpart 000. C. Gasoline tanks associated with an affected drum --mix asphalt plant are subject to the National Emission Standard for Hazardous Aix Pollutants (NESHAP) for Source Category: Gasoline Dispensing Facilities, 40 CFR 63, Subparts A and CCCCCC. The Illinois is administrating the NESHAP on behalf of the USEPA under a delegation agreement. Pursuant to 40 63.11111(a), the affected source to which 40 CFR 63 Subpart CCCCCC applies is each gasoline dispensing facility (GDF) that is located at an area source. The affected source includes each gasoline cargo tank during the delivery of product to a GDF and also includes each storage tank. i. Pursuant to 40 CFR 63.11111(b), if your GDF has a monthly throughput of less than 10,000 gallons of gasoline, you must comply with the requirements in 40 CFR 63.11116. Page 8 .. iv. Pursuant to 35 ill. Adm. Code 212.210(a), no person shall cause or allow emissions of PM into the atmosphere to exceed 12.9 ng /,T (0.03 lbs /mmBtu) of heat input from fuels other than natural gas during any one hour period from any industrial fuel combustion emission units, other than in an integrated iron and steel plant, located in the vicinity of Granite City, which area is defined in 35 111. Adm. Code 212.324(a )(1)(C) (see also Attachment D). V. Pursuant to 35 111. Adm. Code 212.301, no person shall cause or allow the emission of fugitive particulate matter from any process, including any material handling or storage activity, that is visible by an observer looking generally toward the zenith at a point beyond the property line of the source. vi. Pursuant to 35 Ill. Adm. Code 212.305, all normal traffic pattern access areas surrounding storage piles specified in 35 Ill. Adm. Code 212.304 and all normal traffic pattern roads and parking facilities which are located on mining or manufacturing property shall be paved or treated with water, oils or chemical dust suppressants. All paved areas shall be cleaned on a regular basis. All areas treated with water, oils or chemical dust suppressants shall have the treatment applied on a regular basis, as needed, in accordance with the operating program required by 35 111. Adm. Code 212.309, 212.310 and 212.312. vii. Pursuant to 35 111. Adm. Code 212.347, all unloading and transporting operations of materials collected by pollution control equipment shall be enclosed or shall utilize spraying, pelletizing, screw conveying or other equivalent methods. viii,_Pursuant to 35 111. Adm. Code 212.308, crushers, grinding mills, screening operations, bucket elevators, conveyor transfer points, conveyors, bagging operations, storage bins and fine product truck and railcar loading operations shall be sprayed with water or a surfactant solution, utilize choke- feeding or be treated by an equivalent method in accordance with an operating program. ix. Pursuant to 35 ill. Adm. Code 212.302 (see also Attachment C) and 212.309(a), the emission units described in 35 211. Adm. Code 212.304 through 212.308 shall be operated under the provisions of an operating program, consistent with the requirements set forth in 35 Ill. Adm. Code 212.310 and 212.312, and prepared by the owner or operator and submitted to the Illinois EPA for its review. Such operating program shall be designed to significantly reduce fugitive particulate matter emissions. Page 10 xiv. Pursuant to 35 111. Adm. Code 212.316(c), no person shall cause or allow fugitive particulate matter emissions from any roadway or parking area to exceed an opacity of 10 percent, except that the opacity shall not exceed 5 percent at quarries with a capacity to produce more than 1 million tons /year of aggregate. xv. Pursuant to 35 111. Adm. Code 212.316(d), no person shall cause or allow fugitive particulate matter emissions from any storage pile to exceed an opacity of 10 percent, to be measured four ft from the pile surface. xvi. Pursuant to 35 111. Adm. Code 212.316(f), unless an emission unit has been assigned a particulate matter, PM.., or fugitive particulate matter emissions limitation elsewhere in 35 111. Adm. Code 212.316 or in 35 111. Adm. Code 212 Subparts R or S, no person, shall cause or allow fugitive particulate matter emissions from any emission unit to exceed an opacity of 20 percent. xvii. Pursuant to 35 Ill. Adm. Code 212.321(a), no person shall cause or allow the emission of particulate matter into the atmosphere in any one hour period from any new process emission unit which, either alone or in combination with the emission of particulate matter from all other similar process emission units for which construction or modification commenced on or after April 14, 1972, at a source or premises, exceeds the allowable emission rates specified in 35 111. Adm. Code 212.321(c). xviii. Pursuant to 35 Ill. Adm. Code 212.324(b), except as, otherwise provided in 35 211. Adm. Code 212.324,.no person shall cause or allow the emission into the atmosphere, of PM from any process emission unit to exceed 68.7 mg /scm (0.03 gr /scf) during any one hour period. xix. Pursuant to 35 Ill. Adm. Code 212.324(e), no person shall cause or allow emissions of PM into the atmosphere to exceed 12.9 ng /J (0.03 lbs /mmBtu) of heat .input from the burning of fuel other than natural, gas at any process emission unit located in the vicinity of Granite City as defined in 35 111. Adm. Code 212.324(a)(1)(C) (see also Attachment D ). xx. Pursuant to 35 Ill. Adm. Code 212.700(a), 35 511. Adm. Code 212 Subpart UU (Additional Control Measures) shall apply to those sources in the areas designated in and subject to 35 211. Adm. Code 212.324(a)(1) (see also Attachment D) or 212.423(a) and that have actual annual source -wide emissions of PM of at least fifteen (15) tons per year. Page 12 Pursuant to 35 111. Adm. Code 215.583(a) and 215.583(b), no person shall cause or allow the transfer of gasoline from any delivery vessel into any stationary storage tank with a capacity of 515 gallons or more (unless tank has a capacity of 2,000 gallons or less and was in place and operational prior to January 1, 1979) at a gasoline dispensing facility unless: A. The tank is equipped with a submerged loading pipe; and B. The vapors displaced from the storage tank during filling are processed by a vapor control system that includes one or more of the following: I. A vapor collection system that meets the requirements of 35 111. Adm. Code 215.583(d)(4); or II. A. refrigeration- condensation system or any other system approved by the Illinois EPA that recovers at least 90 percent by weight of all vaporized organic material from the equipment being controlled; and 111. The delivery vessel displays the appropriate sticker pursuant to the requirements of 35 Adm. Code 215.584(b) or (d). g. Volatile organic Material Standards for the Chicago Area i. Pursuant to 35 Ill. Adm. Code 218.122(b), no person shall cause or allow the loading of any organic material into any stationary tank having a storage capacity of greater than 946 liters (250 gallons), unless such tank is equipped with a permanent submerged loading pipe or an equivalent device approved by the Illinois EPA according to the provisions of. 35 Ill. Adm. Code 201, and further processed consistent with 35 111. Adm. Code 218.108, or unless such tank is a pressure tank as described in 35 Ill. Adm. Code 218.121(a) or is fitted with a recovery system as described in 35 211. Adm. Code 218.121(b)(2). ii. Pursuant to 35 511. Adm. Code 218.301, no person shall cause or allow the discharge of more than 3.6 kg /hour (8 lbs /hour) of organic material into the atmosphere from any emission unit, except as provided in 35 111. Adm. Code 218.302, 218.303, or 218.304 and the following exception: If no odor nuisance exists the limitation of 35 111. Adm. Code 218 Subpart G shall only apply to photochemically reactive material. Page 14 into the respective storage tank. For manifold tank vent systems, observations at any point within the system shall be adequate. The owner or operator shall maintain any records required by 35 111. Adm. Code 218.583(a)(4) for a period of three years. h. volatile Organic Material Standards for the Metro 'East Area i. Pursuant to 35 111. Adm. Code 219.122(b), no person shall cause or allow the loading of any organic material into any stationary tank having a storage capacity of greater than 946 liters (250 gallons), unless such tank is equipped with a permanent submerged loading pipe or an equivalent device approved by the Illinois EPA according to the provisions of 35 Ill. Adm. Code 201, and further processed - consistent with 35 111. Adm. Code 219 108, or unless such tank is a pressure tank as described in 35 111. Adm. Code 219.121(a) or is fitted with a recovery system as described in 35 111. Adm. Code 219.121(b)(2). ii. Pursuant to 35 211. Adm. Code 219.301, no person shall cause or allow the discharge of more than 3.6 kg /hour (s lbs /hour) of organic material into the atmosphere from any emission unit, except as provided in 35 111. Adm. Code 219.302, 219.303, 219.304 and the following exception: If no odor nuisance exists the limitation of 35 111. Adm. Code Subpart G shall apply only to photochemically reactive material. Pursuant to 35 111. Adm. Code 219.583(a) and 219.583(b), no person shall cause or allow the transfer of gasoline from any delivery vessel into any stationary storage t4nk with a, capacity of 575 gallons or more (unless t ank has a capacity of 2,000 gallons or less and was in place and operational prior to January 1, 1979) at a gasoline dispensing facility unless: A. The tank is equipped with a submerged loading pipe; and B. The vapors displaced from the storage tank during filling are processed by a vapor control system that includes one or more of the following: 1. A vapor collection system that meets the requirements of 35 111. Adm. Code 219.583 (d) (4) ; or II. A refrigeration - condensation system or any other system approved by the Illinois EPA and approved by the USEPA as a sip revision, that recovers at least 90 percent by weight of all Page 16 Pursuant to 40 CFR 60.670(c), facilities at the following plants are not subject to the provisions of 40 CFR 60 Subpart 000: A. Fixed sand and gravel plants and crushed stone plants with capacities, as defined in 40 CFR 60.671, of 23 megagrams per hour (25 tons per hour) or less; B. portable sand and gravel plants and crushed stone plants with capacities, as defined in 40 CFR 60.671, of 136 megagrams per hour (150 toms per hour) or less; and C. Common clay plants and pumice plants with capacities, as defined in 40 CFR 60.671, of 9 megagrams per hour (10 tons per hour) or less. iv. Pursuant to 40 CFR 60.670(d)(1), when an existing facility is replaced by a piece of equipment of equal or smaller size, as defined in 40 CFR 60:671, having the same function as the existing facility, and there is no increase in the amount of emissions, the new facility is exempt from the provisions of 40 CFR 60.672, 60.674, and 6 except as provided for in 40 CFR 60.670(d)(3). V. Pursuant to 40 CFR 60.670(d)(2), an.owner or operator complying with 40 CFR 60.670(d)(1) shall submit the information required in 40 CFR 60.676(a). vi. Pursuant to 40 CFR 60.670(d)(3), an owner or operator replacing all existing facilities in a production line with new facilities does not qualify for the exemption described in 40 CFR 60.670(d)(1) and must comply with the provisions of 40 CFR 60.672, 60.674 and 60.675. b. Particulate Matter Standards: i. Pursuant to 35 Ill. Adm. Code 212.314, 35 111. Adm. Code 212.301 shall not apply and spraying pursuant to 35 511. Adm. Code 212.304 through 212.310 and 35 111. Adm. Code 212.312 shall not be required when the wind speed is greater than 40.2 km /hour (25 mph). Determination of wind speed for the purposes of 35 111. Adm. Code 212.314 shall be by a one -hour average or hourly recorded value at the nearest official station of the U.S. Weather Bureau or by wind speed instruments operated on the site. In cases where the duration of operations subject to this rule is less than one hour, wind speed may be averaged over the duration of the operations on the basis of on -site wind speed instrument measurements. Page 18 sources located in McCook, Lake Calumet, or Granite City), the owner or operator shall maintain and repair all air pollution control equipment in a manner that assures that the emission limits and standards in 35 1lX. Adm. Code 212.324 shall be met at all times. 35 111. Adm. Code 212.324 shall not affect the applicability of 35 111. Adm. Code 201.149. Proper maintenance shall include the following minimum requirements: i. Visual inspections of air pollution control equipment; ii. Maintenance of an adequate inventory of spare parts; and Expeditious repairs, unless the emission unit is shutdown. C. Pursuant to 35 111. Adm. Code 212.701(a), those sources subject to 35 111. Adm. Code 212 Subpart UU shall prepare contingency measure plans reflecting the PM emission reductions set in 35 211. Adm, Code 232.703. These plans shall become federally enforceable permit conditions. Such plans shall he submitted to the Illinois EPA by November 15, 1994. Notwithstanding the foregoing, sources that become subject to the provisions of 35 Ill. Adm. Code 212 Subpart UU after July 1, 1994, shall submit a contingency measure plan to the Illinois EPA for review and approval within ninety (9o) days after the date such source or sources became subject to the provisions of 35 Ill. Adm. Code 212 Subpart UU or by November 15, 1994, whichever is later. The Illinois EPA shall notify those sources requiring contingency measure plans, based on the Illinois EPA's current information; however, the Illinois EPA's failure to notify any source of its requirement to submit contingency measure plans shall not be a defense to a violation of 35 Ill. Adm. Code 212 Subpart UU and shall not relieve the source of its obligation to timely submit a contingency measure plan. d• Pursuant to 35 511. Adm. Code 212.703(a), all sources subject to 35 111. Adm. Code 212 Subpart UU shall submit a contingency measure plan. The contingency measure.plan shall contain two levels of control. measures: �. Level I measures are measures that will reduce total actual annual source -wide fugitive emissions of PM subject to control under 35 Ill. Adm. Code 212.304, 212.305, 212 .306, 212.308, 212.316 through (e), 212.424 or 212.464 by at least 15%�. ii. Level II measures are measures that will reduce total actual annual source -wide fugitive emissions of PM� subject to control under 35 T11. Adm. Code 212.304, 212.305, 212.306, 212.308, 2 12.316(a) through (e), 212.424 or 212.464 by at least 259. Page 20 i• Install all con.troj systems and make all process modifications required by 35 111. Adm. Code 215.583(a), I ii. Provide instructions to the operator of the gasoline dispensing operation describing necessary maintenance operations and procedures for prompt.notification of the owner in the case of any malfunction of system; and a vapor control iii. Repair, replace or modify any worn out or malfunctioning component or element of design. . Pursuant to 35 Ill. Adm. Code 215.583(d), subject to 35 Ill. Adm. Code 215 -583(b), each operator of a gasoline dispensing facility and each delivery vessel operator shall: i. Maintain and operate each vapor control system in accordance with the owner's instructions; ii. Promptly notify the owner of any scheduled maintenance or malfunction requiring replacement or repair of a major component Of a vapor control system; Maintain gauges, meters or other specified testing devices in proper working order; iv. Operate the vapor collection system and delivery vessel unloading points in a manner that prevents: A. A reading equal to or greater than 100 percent of the lower explosive Limit (LEL measured as propane) when tested in accordance with the procedure described in EPA 450/2 --78 -051 Appendix B, and 1 B. Avoidable leaks of liquid during the filling of storage tanks. j. Pursuant to 35 Ill. Adm. Code '218*. 583 (c) , each owner of f gasoline dispensing operation shall: �• Install all control systems and all process modifications required by 35 111. Adm Code 215.583 (a) ii. Provide instructions to the operator of the gasoline dispensing operation describing necessary maintenance operations and procedures for prompt notification of the and o in case of any malfunction of a vapor control system; Repair, replace or modify any worn Out or malfunctioning component or element of design. Page 22 iv. Operate the vapor collection system and delivery vessel unloading points in a manner that prevents: A. A reading equal to or greater than 100 percent of the lower explosive limit (LEL measured as propane) when tested in accordance with the procedure described in EPA 450/2 -78 -051 Appendix B, and B. Avoidable leaks of liquid during the filling of storage tanks; and n. In the event that the operation of this source results in an odor nuisance, the Permittee shall take appropriate and necessary actions to minimize odors, including but not limited to, changes in raw material or installation of controls, in order to eliminate the odor nuisance. o. The baghouse associated with the affected drum -mix asphalt plant shall be in operation at all times when the associated drum dryer is in operation and emitting air contaminants. p. The Permittee shall, in accordance with the manufacturer(s) and /or vendor(s) recommendations, perform periodic maintenance on the baghouse such that the baghouse is kept in proper working condition and not cause a violation of the Illinois Environmental Protection Act or regulations promulgated therein. q. The surface moisture content of the aggregate to be processed in the crushing plant associated with the affected drum -mix asphalt plant shall be at least 1.51r by weight. The Permittee shall show compliance with this requirement as follows: i. Water sprays shall be used on the emission units a ssociated with the crushing plant (e.g., crushers, conveyors, and stockpiles, etc.) as necessary, except when weather conditions are below or expected to fall below freezing temperatures, to produce a moisture content of.1.5 by weight or higher to reduce particulate matter emissions; or ii. Demonstrate compliance with Condition 4(q) by following the testing requirements of Condition 6(c). iii. All normal traffic pattern access areas surrounding storage piles and all normal traffic pattern roads and parking facilities which are located on the property shall be paved or treated with water, oils or chemical dust suppressants. All paved areas shall be cleaned on a regular basis. All areas treated with water, oils or chemical dust suppressants shall have the treatment applied on a regular basis, or as needed basis. Page 24. ii. Emissions from Drum Mixer /Dryer: Emission Factor Emissions Pollutant (Lbs /Ton) (Tons /Month) (Tons /Year) CO 0.13 9.64 57.85 NO 0.055 4.08 24.48 PM 0.033 2.45 14.69 PM10 0.023 1.71 10.24 80 2 0.058 3.71 25.81 VOM 0.032 2.37 14.24 iii. Emissions from Silo Filling: Emission Factor Emissions Pollutant (Lbs /Ton) (Lbs /Month) (Tons /Year) CO 0.00118 175.03 0.53 PM 0.000586 77.43 0.26 PMzO 0.000586 77.43 0.26 VOM 0.0122 1,809.67 5.43 iv Emissions from Truck Load -out: Emission Factor Emissions Pollutant (Lbs /Ton) (Lbs /Month) (Tons /Year) CO 0.00135 200.25 0.60 PM 0.000522 77.43 0.23 PM 3.0 0.000522 77.43 0.23 VOM 0.00416 617.07 1.85 V. These limits are based on maximum asphalt production and standard emission factors (Tables 11.1 -3, 11.1 --7, 11.1 -8, and 11.1 -14, AP -42, Volume I, Fifth Edition, Update 2004, April 2004). b. Emissions and operation of the asphalt tank heaters and boilers shall not exceed the following limits: i_ Maximum firing rate of any individual. unit: 10 mmBtu /hour ii. Total maximum firing rate for all asphalt tank heaters and boilers: 14 mmBtu /hour iii. Emissions from asphalt heaters and boilers: Emission Factor Emissions Pollutant (Lbs /mmBtu) (Lbs /Hour) (Tons /Year) CO 0.084 1.18 5.15 NO,, 0.143 2.00 8.76 Page 26 6. Testing Requirements a. The Permittee shall perform all applicable testing for the affected drum -mix asphalt plant as specified by 40 CPR 60.8, 60.93, and 60.675 as follows: i, Pursuant to 40 CPR 60.8(a), within 6o days after achieving the maximum production rate at which the affected facility will be operated, but not later than 180 days after initial startup of such facility and at such other times as may be required by the Illinois EPA or USEPA under section 114 of the Clean Air Act, the owner or operator of such facility shall Conduct performance test(s) and furnish the Illinois EPA or USEPA a written report of the results of such performance test(s). ii. Pursuant to 40 CPR 60.8(b), performance tests shall be conducted and data reduced in accordance with the test methods and procedures contained in each applicable subpart of 40 CPR Part 60 unless the Illinois EPA or USEPA: A. Specifies or approves, in specific cases, the use of a reference method with minor changes in methodology; B. Approves the use of an equivalent method; C. Approves the use of an alternative method the results of which he has determined to be adequate for indicating whether a specific source is in compliance; D. Waives the requirement for performance tests because the owner or operator of a source has demonstrated by other means to the Illinois EPA's or USEPA's satisfaction that the affected facility is in compliance with the standard; or E. Approves shorter sampling tames and smaller sample volumes when necessitated by process variables or other factors. Nothing in this paragraph shall be construed to abrogate the Illinois EPA's or USEPA's authority to require testing under section 114 of the Clean Air Act. Pursuant to 40 CPR 60.8(c), performance tests shall be conducted under such conditions as the Illinois EPA or USEPA shall specify to the plant operator based on representative performance of the affected facility. The owner or operator shall make available to the Illinois EPA or USEPA such records as may be necessary to determine the conditions of the performance tests. Operations during periods of startup, shutdown, and malfunction shall not Page 28 three runs shall apply. In the event that a sample accidentally lost or conditions occur in which one of three runs must be discontinued because of forced shutdown, failure of an irreplaceable portion of the sample train, extreme meteorological conditions, or other circumstances, beyond the owner or operator's control, compliance may, upon the Illinois EPA's or USEPA's approval, be determined using the arithmetic mean of the results of the two other runs. V "- Pursuant to 40 CFR 60.93(a), in conducting the performance tests required in 40 CPR 60.8, the owner or operator shall use as reference methods and procedures the test methods in appendix A of 40 CPR Part 60 or other methods and procedures as specified in.40 CPR 60.93, except as provided. in 40 CPR 60.8(b). Pursuant to 40 CPR 60.93(b), determine complianc the owner or operator shall e with the particulate matter standards in 40 CPR 60.92 as follows: A. Method 5 shall be used to determine the particulate matter concentration. The sampling time and sample volume for each run shall be at least 60 minutes and 0.90 dscm (31.8 dscf). E. Method 9 and the procedures in 40 CPR 60.11 shall-be to determine opacity. ix. Pursuant to 40 CPR 6 0.675(a), in conducting the performance tests required in 40 CPR 60.8, the owner or operator shall use as reference methods and procedures the test methods in appendices A -1 through A--7 of 40 CFR Part 60 or other methods and procedures as specified in 40 CPR 60.675, except as provided in 40 CPR 60..8(b). Acceptable alternative methods and procedures are given in 40 CPR 60.675(e). A. Pursuant to 40 CPR 60-675(c)(1), compliance with the particulate matter t standards in 40 CPR 60.672(b) or 40 CPR 60 . 67 2(e)(1), the owner or operator shall. use Method 9 of Appendix A -4 of 40 CPR Part 60 and the procedures in 40 CPR 60,11, with the following additions: z• The minimum distance between the observer and the emission source shall be 4.57 meters (15 feet). II. The Observer shall, when possible, select a Position that minimizes interference from other fugitive emission sources (e.g., road dust). Wage 30 compliance with the opacity limit in 40 CFR 60.672 (e) (1) . xii. Pursuant to 40 CYR 60.675(e), the owner or operator may use the following as alternatives to the reference methods and procedures specified in 40 CFR 60.675(c): A. For the method and procedure of 40 CFR 60.675(c), if emissions from two or more facilities continuously interfere so that the opacity of fugitive emissions .from an individual affected facility cannot be read, either of the following procedures may be used: I. Use for the combined emission stream the highest fugitive opacity standard applicable to any of the individual affected facilities contributing to the emissions stream. II. Separate the emissions so that the opacity of emissions from each affected.facility can be read. B. A single visible emission observer may conduct. visible emission observations for up.to three fugitive, stack, or vent emission points within a IS- second interval if the following conditions are met: I. No more than three emission points may be read concurrently. Ii. All three emission points must be within a 70 degree viewing sector or angle in front of the observer such that the proper sun position can be maintained for all three points. III. If -an opacity reading for any one of the three emission points equals or exceeds the applicable standard, then the observer must stop taking readings for the other two points and continue reading just that single point. xiii. Pursuant to 40 CFR 60.675(g), for performance tests, there involving only Method 9 (40 CFR Part 60 Appendix A -4) testing, the owner or operator may reduce the 30-day advance notification of performance test in 40 CFR 60.7(a)(6) and 60.8(d) to a 7 -day advance notification. xiv. Pursuant to 40 CFR 60.675(1), if the initial performance test date for an affected facility falls during a seasonal shut down (as defined in 40 CFR 60.671) of the affected facility, then with approval from the permitting authority, the owner or operator may postpone the initial performance Page 32 iii. Pursuant to 35 Ill. Adm. Code 212.109, except as otherwise provided in 35 1:11. Adm. Code Part 212, and except for the methods of data reduction when applied to 35 111. Adm. Code 212.122 and 212.123, measurements of opacity shall be conducted in accordance with Method 9, 40 CPR Part 60, Appendix A, and the procedures in 40 CER 60.675(c) and (d), if applicable, except that for roadways and parking areas the number of readings required for each vehicle pass will be three taken at 5- second intervals. The first reading shall be at the point of maximum opacity and second and third readings shall be made at the same point, the observer standing at right angles to the plume at least 15 feet away from the plume and observing 4 feet above the surface of the roadway or parking area. After four vehicles have passed, the 12 readings will be averaged. iv. Pursuant to 35 111. Adm. Code 212.110(a), measurement of particulate matter emissions from stationary emission units subject to 35 111. Adm. Code Part 212 shall be conducted in accordance with 40 CPR Part 60, Appendix A, Methods 5, 5A, 57D, or 5E. V. Pursuant to 35 ill. Adm. Code 212.110(b), the volumetric flow rate and gas velocity shall be determined in accordance with 40 CPR Part 6o, Appendix A, Methods 1, 1A, 2, 2A, 2C, 2D, 3, and 4. vi. Pursuant to 35 Ill. Adm. Code 212.110(c), upon a written notification by the Illinois EPA, the owner or operator of a particulate matter emission unit subject to 35 Ill. Adm. Code Part 212 shall conduct the applicable testing for particulate matter emissions, opacity, or visible emissions at such person's own expense, to demonstrate compliance. Such test results shall be submitted to the Illinois EPA within thirty (3.0) days after conducting the test unless an alternative time for submittal is agreed to- the Illinois EPA. C. The moisture content of a representative sample of the aggregate processed in the crushing plant associated with the affected drum -mix asphalt plant shall be measured at least one per week using ASTM Procedures (C566-97) for total moisture content of material. d. Pursuant to 35 I11. Adm. Code 215.583(d)(5), within 15 business days after discovery of the leak by the owner, operator, or the Illinois EPA, repair and retest a vapor collection system which exceeds the limits 35 111. Adm. Code 215.583 (d) (4) (A) . e. Pursuant to 35 111. Adm. Code 218.583(d)(5), within 15 business days after discovery of the leak by the owner, operator, or the Page 34 b. Inspections of the affected drum -mix asphalt plant and control systems equipment and operations shall be performed as necessary but at least once per week when the affected drum -mix asphalt . plant is in operation to confirm compliance with the requirements of this permit. C. i. The water supply to the spray equipment shall be equipped with a metering device used to determine water usage for the control of particulate matter emissions. ii_ Inspections of waiter spray equipment and operation (such as leaking, maintaining adequate flow, clogging of flow lines, etc.) shall be performed at least once per week. when the crushing plant associated with the affected drum -mix asphalt plant is in operation. 8. Recordkeeping Requirements The Permittee shall maintain records of the following items for the affected drum -mix asphalt plant so as to demonstrate compliance with the conditions of this permit: a. Pursuant to 40 CPR 60.7(b), any owner or operator subject to the provisions of 40 CFR Part 60 shall maintain records of the occurrence and duration of any startup, shutdown, or malfunction in the operation of an affected facility; any malfunction of the air pollution control equipment; or any periods during which a continuous monitoring system or monitoring device is inoperative. b. Pursuant to 40 CPR 60.7(f), any owner or operator subject to the provisions of 40 CPR Part 60 shall maintain a file of all measurements, including continuous monitoring system, monitoring device, and performance testing measurements; all continuous monitoring system performance evaluations; all continuous monitoring system or monitoring device calibration checks; adjustments and maintenance performed on these systems or devices; and all other information required by 40 CPR Part 60 recorded in a permanent form suitable for,inspection. The file shall be retained for at least two years following the date of such measurements, maintenance, reports, and records. C. Pursuant to 40 CPR 60.676(b)(1), owners or operators of affected facilities (as defined in 40 CPR 60.670 and 60.671) for which construction, modification, or reconstruction commenced on or after April 22, 2008, must record each periodic inspection required under 40 CFR 60.674(b) or (c), including dates and any corrective actions taken, in a logbook (in written or electronic format). The owner or operator must keep the logbook onsite and make hard or electronic copies (whichever is requested) of the logbook available to the Illinois EPA or USEPA upon request. Page 36 Pursuant to 35 111. Adm, Code 212.316(g)(4), the records .required under 35 I11. Adm. Code 212.316(g) shall be kept and maintained for at least three (3) years and shall be available for inspection and copying by Illinois EPA representatives during working hours. g. Pursuant to 35 111. Adm. Code 212.324(g), sources subject to 35 111. Adm. Code 212.324 (i.e., sources located in McCook, Lake Calumet, or Granite City) shall maintain the following records: i. written records of inventory and documentation of inspections, maintenance, and repairs of all air pollution control equipment shall be kept in accordance with 35 111. Adm. Code 212.324(f). ii. The owner or operator shall document any period during which any process emission unit was in operation when the air pollution control equipment was not in operation or was malfunctioning so as to cause an emissions level in excess of the emissions limitation. These records shall include documentation of causes for pollution control equipment not operating or such malfunction and shall state what corrective actions were taken and what repairs were made. iii. A written record of the inventory of all spare parts not readily available from local suppliers shall be kept and updated. iv. Copies of all records required by 35 111. Adm. Code 212.324(8) shall be submitted to the Illinois EPA within ten (10) working days after a written request by the Illinois EPA. V. The records required under 35 Ill. Adm. Code 212.324(g) shall be kept and maintained for at least three (3) years and shall be available for inspection and copying by Illinois EPA representatives during working hours. - h. Pursuant to 35 Ill. Adm. Code 218.129(f), the owner or operator of each storage vessel specified in 35 Ill. Adm. Code 218.119 shall maintain readily accessible records of the dimension of the storage vessel and analysis of the capacity of the storage vessel. Each storage vessel with a design capacity less than 40,000 gallons is subject to no provisions of 35 211. Adm. Code Part 218 other than those required by maintaining readily accessible records of the dimensions of the storage vessel and analysis of the capacity of the storage vessel. i. Pursuant to 35 111. Adm. Code 219.129(f), the owner or operator of each storage vessel specified in 35 111. Adm. Code 219.119 shall maintain readily accessible records of the dimension of the storage vessel and an analysis of the capacity of the storage Page 38 individual performing test, and location of sample (e.g., prior to crushing, stockpiles, etc.); ii. if the Permittee is relying on Condition 4(q)(i) to demonstrate compliance with Condition. 4(q), the Permittee shall maintain operating logs for the water spray equipment, including dates and times of usage, malfunctions (type, date, and measures taken to correct), water pressure, and dates when there was at least 0.25" of rainfall during the preceding 24 hours and the water spray equipment was not operated; and iii. The Permittee shall maintain weekly records of water consumption in the spray equipment, as determined by the meter required by Condition 7(m)(i) and the amount of precipitation specified in condition 8(j)(ii). n. Records addressing use of good operating practices for the storage tanks: i. Design information for the tanks showing the presence of a permanent submerged loading pipe; and ii. Maintenance and repair records for the tanks, as related to the repair or replacement of the loading pipe. a. Production and Operating Records: i. Asphalt production (tons /month and tons /year); ii. Aggregate throughput for the crushing plant (tons /month and tons /year); iii. Fuel Usage Records: A. Total natural gas usage (Mft /month and Mft /year); 33. Total liquefied petroleum gas (LPG) usage (gallons /month and gallons /year); C. Total fuel oil usage (gallons /month and gallons /year) and type of fuel oil used; D. The sulfur content of the fuel oil used in the affected drum -mix asphalt plant (o by weight), this shall be recorded for each shipment of oil delivered to the source. iv. Total throughput of each material stored in the tanks present at the source (gallons /month and gallons /year). Page 40 i. For a crusher, grinding_ mill, bucket elevator, bagging operation, or enclosed truck or railcar loading station: A. The rated capacity in megagrams or tons per hour of the existing facility being replaced and R. The rated capacity in tons per hour of the replacement equipment. Ii. For a screening operation.. A_ The total surface area of the top screen of the existing screening operation being replaced and B. The total surface area of the top screen of the replacement screening operation. iii. For a conveyor belt: A. The width of the existing belt being replaced and B. The width of the replacement conveyor belt. iv. For a storage bin: A. The rated capacity in megagrams or tons of the existing storage bin being replaced and B. The rated capacity in megagrams or tons of replacement storage bins. C. Pursuant to 40 CPR 60.676(f), the owner or operator of any affected facility shall submit written reports of the results of all performance tests conducted to demonstrate compliance with the standards set forth in 4D CFR 60.672, including reports of opacity observations made using Method 9 (40 CPR Part 60, Appendix A -4) to demonstrate compliance with 40 CFR 60.672(b), (e) and (f) . d. Pursuant to 40 CFR 60.676(8), the owner or operator of any wet material processing operation that processes saturated and subsequently processes unsaturated materials, shall submit a report of this change within 30 days following such change_ At the time of such change, this screening operation, bucket elevator, or belt conveyor becomes subject to the applicable opacity limit in 40 CFR 60.672(b) and the emission test requirements of 40 CFR 60.11. e. Pursuant to 40 CFR 60.676(h), the 40 CFR 60 Subpart A requirement under 40 CFR 60.7(a)(1) for notification of the date construction or reconstruction commenced is waived for affected facilities under 40 CFR 60 Subpart 000. Page 42 following: the dates during which any process emission unit was in operation when the air pollution control equipment was not in operation or was not operating properly, documentation of causes for pollution control equipment not operating or not operating properly, and a statement of what corrective actions were takers and what repairs were made. k. Pursuant to 35 511. Adm. Code 218.990, upon request by the Illinois EPA, the owner or operator of an emission unit which is exempt from the requirements of 35 Ill. Adm. Code 218 Subparts PP, QQ, RR, TT or 35 511. Adm. Code 218.208(b) shall submit records to the Illinois EPA within 30 calendar days from the date of the request that document that the emission unit is exempt from those requirements. 1. The Permittee shall submit notification of the changes to the operation of the source to the Illinois EPA -- Aix Permit Section ten (10) working days prior to the commencement.of such change as follows: i. The replacement of any emission unit or air pollution control equipment authorized by Condition 1(d) of this permit; or ii. The addition of any emission unit or air pollution control equipment so long as the source continues to comply with Condition 1(d) of this permit. M. If there is an exceedance of or a deviation from the requirements of this permit as determined by the records required by this permit, the Permittee shall promptly notify the Illinois EPA's Compliance Section in Springfield, Illinois within 30 days after the exceedance or deviation. In addition to the specific items listed below, the report shall include a description of the exceedance or deviation, the probable cause of any such deviation, emissions released in accordance with the recordkeeping requirements, a copy of the relevant records, a description of any actions or preventive measures taken, and efforts to reduce emissions and future occurrences: i. Emissions of CO, NO., PM, S0 2 and /or VOM, in excess of the limit specified in Condition 5 within 30 days of a record showing such an occurrence. ii. Continued operation of the affected drum -mix asphalt plant with a defect in a baghouse that may result in emissions of particulate matter in excess of limits in Conditions 2(a), 2 (d) , or 5(a) within 30 days of such an occurrence. iii. The use of fuel oil with a sulfur content in excess of the limit specified in Condition 4(s) or 4(t) with the length Page 44 Illinois Environmental Protection Agency Division of Air Pollution Control - Region 2 5415 North University Peoria, Illinois 61614 Illinois Environmental Protection Agency Division of Air Pollution Control - Region 3 2009 Mall Street Collinsville, Illinois 62234 iii. Illinois EPA - Air Permit Section Illinois Environmental Protection Agency Division of Air Pollution Control Permit Section (MC J.J.) P.O. Box 19506 Springfield, Illinois 62794 -9506 iv. USEPA Region 5 - Air Branch USEPA (A - 1$J) Air & Radiation Division 77 Vilest Jackson Boulevard Chicago, Illinois 60604. P. Unless otherwise specified in the particular provision of this permit, reports shall be sent to the Illinois EPA - Aix Compliance Section with a copy sent to the Illinois EPA - Air Regional Field Office. J.O. Compliance Procedures Compliance with the emission limits shall be based on the recordkeeping requirements in Condition 7 and the emission factors and formulas listed below: a. To determine compliance for Condition 2(e)(i), sulfur dioxide standards for small fuel combustion emission units combusting liquid fuels, the emission rate shall be calculated based on the following: SO2 (lb /mmBtu) =. (Density of Fuel oil, lb /gallon) x (wt. Sulfur /100°x) x [1 /(Heat Content of Fuel Oil, Btu /gallon)] x (1,000,000 Btu. /1 mmBtu) or So, (lb /mmBtu) = (wt. % Sulfur/100%) x [1/ (heat Content of Fuel oil, Btu /lb)] x (1,000,000 Btu /1 mmBtu) Page 46 ii. Emissions from Truck Load -out: Emission Factor Pollutant (Lbs /Ton) CO 0.00135 PM 0.000522 PM10 0.000522 VOM 0.00416 These are the emission factors for drum -mix hot mix asphalt plant load -out, derived from the formulas listed Table 11.1 -14, AP -42, Volume I Fifth Edition, Update 2004, April 2004. Asphalt Silo Filling or 'Truck Doadout Emissions (lb) = (wt. Of Asphalt Produced, ton) x (The Appropriate Emission Factor, lb /ton) d. To determine compliance with Condition 5(b), fuel combustion emissions from the asphalt heaters and boilers shall be calculated based on the following emission factors: i. Natural Gas Combustion Emissions: Natural Gas Emission Factor Pollutant (Lbs /Mft3) CO 84 NO. 100 PM 7.6 so, 0.6 7 VOM 5 These are the emission factors for uncontrolled natural gas combustion in small boilers (< 100 mmBtu /hour), Tables 1.4-1 and 1.4 -2, AP --42, Volume 1, Fifth Edition, Supplement D, March, 1998. Natural Gas Combustion Emissions (lb) = (Natural Gas Consumed, Mft x (The Appropriate Emission Factor, lb /Mft ii. Fuel -Oil Combustion Emissions from Boilers and Tank Heaters: Fuel Oil Emission Factors (lbs /1,000 Gallon) Pollutant Distillate No. 4 No. 5 No. 6 CO 5 5 5 5 NO, 20 20 55 55 PM 2 7 9.19(S) + 3.22 10 Pa.g o 48 13. The Permitted shall notify the Illinois EPA in writing 5 days in advance of either disassembling or reassembling the plant at the source location, identified in an authorization letter. It should be noted that this permit does not authorize the acceptance of waste. The appropriate permit must be obtained from the Bureau of Band before waste can be accepted. if the used oil is not "on- spec" and not burned in a unit for energy recovery as allowed by 35 111. Adm. Code 739.161, the used oil will be considered a solid waste and not a fuel. This makes the used-oil subject to the manifest requirements of 35 111. Adm. Code 809 and the facility subject. to the permitting requirements of 35 Ill. Adm. Code 807, as a solid waste management site. Furthermore, the used oil must provide surplus energy beyond the necessary to sustain combustion to be considered a fuel and not a waste. If you have any questions on this permit, please call a Permit Analyst at 23.7/782-21.13. Edwin C. Bakowski, P.E. Manager, Permit section Division of Air Pollution Control ECB:RWB:psj Attachment B Table 3 to Subpart 000 of Part 60 -- Fugitive Emissiorz Limits The owner or operator must meet the following fugitive emissions limit The owner or for grinding mills, operator must screening operations, meet the bucket elevators, following transfer points on belt fugitive The owner or operator must For conveyors, bagging emissions demonstrate compliance with operations, storage limit for these limits by conducting bins, enclosed truck or crushers at railcar loading stations which a or, from any other capture system affected facility (as is not used defined in 40 CPR 60.670 and 60.671) Affected facilities (as defined in 40 CPR 60.670 and 60.671) that commenced 15 percent An initial performance test construction, 10 percent opacity opacity according to 40 CPR 60.11 modification, or and 40 CFR 60.675. reconstruction after August 31, 1983 but before April 22, 2008 Affected facilities (as defined in 40 CPR An initial performance test 60.670 and 60:671) according to 40 -CPR 60.11 that commence 12 percent and 40 60.675; and Periodic construction, 7 percent opacity opacity inspections of water sprays modification, or � according to 40 CFR reconstruction on or 6 60.674(b) and 40 CFR after April 22, 2008 60.676(b); and A repeat performan according to 40 CFR CFTC 60.675 within from the previ performance test fugitive emissions from affected facilities without water sprays. Affected facilities controlled by water carryover from upstream water sprays that are inspected according to the requirements in 40 CFR 60.674(b) and 40 CFR 60.676(b) are exempt from this 5 -year repeat - testing requirement. Attachment D 35 111. Adm. Code 212.324 Process Emission Units in Certain Areas 1. Applicability. a. Pursuant to 35 Ill. Adm. Code 212.324(a)(1), 35 Ill.. Adm. Code 212.324 shall apply to any-process-emission unit located in any of the following areas: i. That area bounded by lines from Universal Transmercator (UTM) coordinate 428000mE, 4631000mN, east to 43500omE, 4631000mN, south to 435000mE, 4623000mN, west to 42800omE, 4623000mN, north to 428000mE, 4631000mN, in the vicinity of McCook in Cook County, as shown in Illustration D of 35 Ill. Adm. Code Part 212; ii. That area bounded by lines from Universal Transmercator (UTM). coordinate 445000mE, 4622180mN, east to 456265mE, 4622180mN, south to 456265E, 4609020N, west to 445000mE, 4609020mN, north to 4450.00mE, 4622180mN, in the vicinity of Lake Calumet in Cook County, as shown in Illustration E of 35 Ill. Adm. Code Part 212; iii. That area bounded by lines from Universal Transmercator (UTM) coordinate 744000mE, 4290000mN, east to 753000mE, 4290000mN, south to 753000mE, 4283000mN, west to 744000mE, 4283000mN, north to 74400pmE, 4290000mN, in the vicinity of Granite City in Madison County, as shown in Illustration F of 35 511. Adm. Code Fart 212. b. Pursuant to 35 III. Adm. Code 212.324 (a) (2) , 35 Ill. Adm. Code 212.324 shall not alter the applicability of 35 1:11. Adm. Code 212.321 and 35 Ill. Adm. Code 212.322. r ECB:RWB STATE OF ILLINOIS. ENVIRONMENTAL PROTEC`PION AGENCY DIVISION OF AIR POLLUTI.ON CONTROL P.O. BOX 19506 SPRINGFIELD, ILLINOIS 62794 -9566 STANDARD CONDITIONS FOR OPERA PER May, 3.993 The Illinois Environmental Protection Act (Illinois Revised Statutes, Chapter 111 -1/2, Section 1039) grants the Environmental Protection Agency authority to impose conditions on permits which it issues. The following conditions are applicable unless superseded by- special permit conditions (s). 1. The issuance of this permit does not release the Permittee from compliance with state and federal regulations which are part of the Illinois State Implementation Plan, as well as with other applicable statues and regulations of the United States or the State of Illinois or with applicable local laws, ordinances and regulations. 2._ The Illinois EPA has issued this permit based upon the information submitted by the Permittee in the permit application. Any misinformation, false statement or misrepresentation in the application shall be ground for revocation under 35 Ill. Adm. Code 201.166. 3. a. The Permittee shall not authorize, cause, direct or allow any modification, as defined in 35 Ill. Adm. Code 201.102, of equipment, operations or practices which are reflected in the permit application as submitted unless a new application or request for revision of the existing permit is filed with the Illinois EPA and unless a new permit or revision of the existing permits) is issued for such modification. b. This permit only covers emission sources and control equipment while physically present at the indicated plant location(s). Unless the permit specifically provides for equipment relocation, this permit is void for an item of equipment on the day it is removed from the permitted location(s) or if all equipment is removed, notwithstanding the expiration date specified on the permit. 4. The Permittee shall allow any duly authorized agent of the Illinois EPA, upon the presentation of credentials, at reasonable times: f a. To enter the Permittee's property where actual or potential effluent, emission or noise sources are located or where any activity is to be conducted pursuant to this permit; b. To have access to and to copy any records required to be kept under the terms and conditions of this permit; C. To inspect, including during any hours of operation of equipment constructed or operated under this permit, such equipment and any equipment required to be kept, used, operated, calibrated and maintained under this permit; d. To obtain and remove samples of any discharge or emission of pollutants; and e. To enter and utilize any photographic, recording, testing, monitoring or other equipment for the purpose of preserving, testing, monitoring or recording any activity, discharge or emission authorized by this permit. 5. The issuance of this permit: a. Shall not be considered as in any manner affecting the title of the premises upon which the permitted facilities are located; SL 532 -0224 APO 16 6 1 Rev. March, 2001 090-005 PRINTED ON RECYCLED PAPER ORDINANCE NO. AN ORDINANCE AMENDING ORDINANCE NO. 3289, AS AMENDED BY ORDINANCE NO. 5678 RELATIVE TO A CONDITIONAL USE PERMIT (PLANNED UNIT DEVELOPMENT) FOR PROPERTY LOCATED AT 3401 SOUTH BUSSE ROAD WHEREAS, John Healy, Arrow Road Construction, ( "Petitioner") has filed a petition to amend the Planned Unit Development being the subject of Ordinance No. 3289, approved December 7, 1982, as amended by Ordinance No. 5678, approved February 19, 2008 for a Conditional Use permit with respect to property at 3401 South Busse Road, ( "Property "), and legally described as follows: That part of the Southwest quarter of Section 23, Township 41 North, Range 11 East of the Third Principal Meridian described as follows: Commencing at a point on the West line of Section 23 in said Township and Range that is 1242.6 feet North of the Southwest corner thereof; thence North along said West line of Section 23, 228.1 feet; thence East along a line that is 1470.7 feet North of and parallel with the South line of said Section 23, a distance of 586.91 feet; thence South on a line that is 2051.50 feet West of and parallel with the East line of said Southwest quarter a distance of 800.0 feet; thence West on a line that is 670.7 feet North of and parallel with said South line of Section 23, a distance of 24.55 feet; thence Northwesterly 791.5 feet along a line which makes a left deflection of 133 degrees 45 minutes 00 seconds with the last described course to the point of beginning, all in Cook County, Illinois (except that part lying West of easterly line of Busse Road as taken by the State of Illinois for widening said road, lying West of a line parallel with and distant 76 feet East of the West line of Section 23). PIN 08 -23- 300 - 036 -0000; and WHEREAS, Petitioner seeks an amendment to the Planned Unit Development being the subject of Ordinance No. 3289 as amended by Ordinance No. 5678 to allow the construction of two (2) additional silos that measure no more than 80 -feet from grade, increasing the total number of silos from six (6) to eight (8); and WHEREAS, a Public Hearing was held on the request to amend the Conditional Use permit being the subject of PZ -29 -11 before the Planning and Zoning Commission of the Village of Mount Prospect on the 8 th day of December, 2011 pursuant to proper legal notice having been published in the Journal & Topics Newspaper on the 23 day of November, 2011; and WHEREAS, the Planning & Zoning Commission has submitted its findings and recommendations to the President and Board of Trustees in support of the request being the subject of PZ- 29 -11; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the request and have determined that the same meets the standards of the Village and that the granting of the proposed amendment to the Conditional Use permit would be in the best interest of the Village. PZ- 29 -11, 3401 S. Busse Road Page 2/2 NOW, THEREFORE, 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 POWERS: SECTION ONE: The recitals set forth are incorporated as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: Ordinance No. 3289 granting a Conditional Use permit, passed and approved on December 7, 1982, as amended by Ordinance No. 5678, passed and approved on February 19, 2008 is further amended by granting a Conditional Use to allow the construction of two (2) additional 80 -foot tall asphalt silos, as shown in the petitioner's exhibits prepared by Dillman dated September 12, 2011 and HRGreen, Inc., dated October 25, 2011, copies of which are attached to and made a part of this Ordinance as "Exhibit A and Exhibit B." SECTION THREE That the Village Clerk is authorized and directed to record a certified copy of this Ordinance with the Recorder of Deeds of Cook County. SECTION FOUR 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, 2011. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H: \CLKO \files \WIN \ORDINANC\Amend Con UsePUDarrowroadpz- 29- 11.doc � �j ■■ �� $ A ■m® § k k \ 9 `K»§ �©�§■ B§ _\ E5 Wd § § & k §§§ d )§ - -- 1 :. 1��§� ■���| �: §§ �■ � 7\ _ k `� ) � / \ Q � § .\ ■ § m} ! | � § ( }/ � _ \ 0 § . Zn �# - ) �� � K - — - — - — - — - PLANS PREPARED FOR: ARROW ROAD CONSTRUCTION CO. 3401 S. BUSSE RD. MT. PROSPECT, IL 60056 > -- — — — — — — — — — — — — — — — sc I I are f} �' I I t ..�..... .. \� 1 7 117 - 11 _F�l n L PROPOS ARR ROAD CONSTRUCTION . E VV E E 1 5 E I SE E I SET) 3401 S. BU S E ROAD q MOUNT PROSPECT, 'T. ILLINOIS 60056 PHONE: 0 047-437-0 7' 0 FAX: 847-437-0779 IT SLAWEYOP H HR GREEN, INC. \ \ li 65 1 PRAIRIE POINTE DR STE 201 YORKVILLE ' IL 60560 PHONE: (630 ) 553-7560 FAX: (030 ) 553 -7646 ERIC. GRANRUD . P ' , CIVIL ENGINEER II PETE HUINKEA, P. E OPERATIONS MANAGER CRAIG GUY, P.L.S. PROJECT SURVEYOR SLANEY APO le,eia OD 'PLAr MVP­. ft&d lleraM1 9Y, MI. 11e pw6bn• %It bysmamPSm MrA AKA w —cr &M AMS I II A 4 —AST a. 696 7 PROPOSED TWO (2) ASPHALT SILOS T/F = ,00.os 9SPA— LOT I (AKRON ROAD ILEDNlblom 00C, ND. 2055248) PARML CONTAINS 6'" ACRE9 OP LAND 11 N L r t JI- NATQ4 LEGEW ­Sl AS r —f M­T CDI X MILNWr A RROW ROAD CONSTRUCTION- ASPHALT PLANT as 3401 S. BUSSO ROAD SILOS - PLOT PLAN Village of Mount Prospect Community Development Department MEMORANDUM 1 1'1 TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: DECEMBER 8, 2011 SUBJECT: PZ -19 -11 1852 FEEHANVILLE DRIVE/ PLAT OF EASEMENT VACATION & PLAT OF EASEMENT DEDICATION 1 CUMMINS - ALLISON The Petitioner proposes to install a fence in the front, side, and rear yards of the Subject Property. Since the proposed fence would obstruct access to the existing recreational easement and path, the Petitioner is seeking to relocate the recreational easement and path. In order to do so, the existing recreational easement is required to be vacated and a new easement dedicated. The Plat of Easement Vacation would vacate the existing twenty -five (25) foot wide recreation easement that runs along the east half of the detention pond. The Plat of Easement Dedication would dedicate a twenty -five (25) foot wide recreation easement along the east and south property lines. Staff has reviewed the plats and found that they were prepared in accordance with the Village's Development Code requirements. The Planning & Zoning Commission conducted a public hearing to review the requests on Thursday, December 8, 2011, and by a vote of 5 -0, recommended approval of the following motions: "To approve 1) A Plat of Recreational Easement Vacation; and 2) A Plat of Recreational Easement Dedication, for the property at 852 Feehanville Drive, Case No. PZ- 19 -11. Details of the proceedings and items discussed during the Planning and Zoning Commission hearing are included in the attached minutes. Please forward this memorandum and attachments to the Village Board for their review and consideration at their December 20, 2011 meeting. Staff will be present to answer any questions related to this matter. William J. Cooney, Jr l, AICP %MIX hMWAPl,� @ Z.aning COMMT&Z 2011)IM Me—o NP7`19 -11852 Fmhnvil[e Ur.(PE.e of P°°« —u).do MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION, CASE NO. PZ -19 -11 PROPERTY ADDRESS: PETITIONER: PUBLICATION DATE: PIN NUMBER: REQUESTS: MEMBERS PRESENT: MEMBERS ABSENT: STAFF MEMBERS PRESENT: INTERESTED PARTY: Hearing Date: December 8, 2011 852 FeehanviIle Drive Cummins- Allison Corporation Not Applicable; Sign Posted November 23, 2011 03- 35- 104 - 050 -0000 Plat of Easement Vacation Plat of Easement Dedication Richard Rogers, Chair William Beattie Joseph Donnelly Keith Youngquist Jacqueline Hinaber, Alternate Leo Floras Theo Foggy Ronald Roberts Consuclo Andrade, Development Review Planner Brian Simmons, Deputy Director of Community Development Martin Barrett Chairman Rogers called the meeting to order at 7:32 p.m. Mr. Donnelly made a motion, seconded by Mr. Beattie to approve the minutes of the October 27, 2011 Planning & Zoning Commission meeting; the minutes were approved 5 -0. Chairman Rogers introduced Case PZ- 19 -11, 852 Feehanville Drive at 7:33 p.m. Ms. Andrade stated the Petitioner for PZ -19 -11 requested approval of a Plat of Easement Vacation and Plat of Easement Dedication for the property located at 852 Feehanville Drive. Ms. Andrade said the Petitioner submitted for a fence permit to install a fence along the property lines of the Subject Property. As proposed, the fence line would block access to an existing recreational path. The recreational path is located along east half of the detention pond and is located within a twenty -five (25) foot wide recreational easement. Since the proposed fence would obstruct access to the existing recreational easement and path, the Petitioner was seeking to relocate the recreational easement and path. In order to do so, the existing recreational easement was required to be vacated and a new easement dedicated. Ms. Andrade stated the Plat of Easement Vacation would vacate the existing twenty -five (25) foot wide recreational easement that runs along the east half of the detention pond. The Plat of Easement Dedication would dedicate a twenty -five (25) foot wide recreational easement along the east and south property lines. Ms. Andrade said staff has reviewed the Plats and found that they were prepared in accordance with the Village's Development Code requirements. Staff recommended that the Planning and Zoning Commission approve the motions as listed in the Staff Report. The Village Board's decision is final for this case. Richard Rogers, Chair PZ -19 -11 Planning & Zoning Commission Meeting December 8, 2011 Page 1 of 2 Chairman Rogers confirmed with Staff that this zoning case was to complete some housekeeping items from the Petitioner's previous zoning case for a fence. Chairman Rogers swore in Martin Barrett, Director of Facilities for Cummins - Allison Corporation, 852 Feehanville Drive, Mount Prospect, Illinois. Mr. Barrett said that Cummins - Allison Corporation previously applied for a Fence Variation that was approved. In order to not disrupt the recreational activity that occurs in the nearby park, the Petitioner agreed to move and replace the path line. Mr. Barrett stated the existing path and foot bridge would still be connected, just relocated. The easement agreement would be the same and the Iighting and seating areas along the path would be removed and relocated to the new area of the path. Chairman Rogers asked if there was anyone else in the audience to address this case. Hearing none, he closed the public portion of the case at 7:36 p.m. and brought the discussion back to the board. Mr. Beattie confirmed with Staff that the proposed path runs along the east side of the parking lot. The easement does not cut through the parking lot. Mr. Donnelly made a motion, seconded by Mr. Beattie to approve a Plat of Recreational Easement Vacation and a Plat of Recreational Easement Dedication for the property at 852 Feehanville Drive, Case Number PZ- 19 -11. UPON ROLL CALL: AYES: Beattie, Donnelly, Hinaber, Youngquist, Rogers NAYS: None The motion was approved 5 -0. The Village Board's decision is final for this case. After hearing one (1) additional case, Chairman Rogers asked if there were any citizens in the audience waiting to be heard. Hearing none, Mr. Donnelly made a motion, seconded by Ms. Hinaber to adjourn at 7:47 p.m. The motion was approved by a voice vote and the meeting was adjourned. /; 4 Ryan Kast, Community Development Administrative Assistant Richard Rogers, Chair PZ -19 -11 Planning & Zoning Commission Meeting December 8, 2011 Page 2 of 2 r - Village of Mount Prospect Community Development Department CASE SUMMARY — PZ -19 -11 LOCATION: PETITIONER: OWNER: PARCEL #: LOT SIZE: ZONING: LAND USE: REQUEST: 852 Feehanville Drive Cummins- Allison Corporation Cummins- Allison Corporation 03- 35- 104 - 050 -0000 7.95 acres (346,400.69 sq.ft.) I -1 Limited Industrial Manufacturing -Money Handling Equipment 1) Plat of Easement Vacation, and 2) plat of Easement Dedication LOCATION MAP Mount r pect Village of Mount Prospect Mount pwsp Community Development Department MEMORANDUM FROM: DATE: HEARING DATE: SUBJECT: BACKGROUND MOUNT PROSPECT PLANNING & ZONING COMMISSION RICHARD ROGERS, CHAIRPERSON CONSUELO ANDRADE, DEVELOPMENT REVIEW PLANNER NOVEMBER 28, 2011 DECEMBER 8, 2011 PZ -19 -11 / 1) PLAT OF EASEMENT VACATION, 2) PLAT OF EASEMENT DEDICATION / 852 FEEHANVILLE DRIVE / CUMMINS- ALLISON CORP. A public hearing has been scheduled for the December 8, 201 IPlanning & Zoning Commission Meeting to review the application by Cummins - Allison Corporation (the "Petitioner ") regarding plats of easements for the property located at 852 FeehanviIle Drive (the "Subject Property"). The Petitioner is seeking approval of a Plat of Easement Vacation and Plat of Easement Dedication Staff has posted the required Public Hearing signs on the Subject Property. PROPERTY DESCRIPTION The Subject Property is located in the Kensington Business Park and contains an office /manufacturing building with related improvements. Per the attached Plat of Survey, the Subject Property currently includes easements for ingress & egress easement, detention, and recreation. The Subject Property is zoned I1 Limited Industrial and is bordered by Il Limited Industrial to the north, east, and south, and by the CR Conservation Recreation and 11 Limited Industrial to the west. SUMMARY OF PROPOSAL The Petitioner proposes to install a fence in the front, side, and rear yards of the Subject Property. Since the proposed fence would obstruct access to the existing recreational easement and path, the Petitioner is seeking to relocate the recreational easement and path. In order to do so, the existing recreational easement is required to be vacated and a new easement dedicated. PLAT REVIEW Per the attached plats, the Plat of Easement Vacation would vacate the existing twenty five (25) foot wide recreation easement that runs along the east half of the detention pond. The Plat of Easement Dedication would dedicate a twenty five (25) foot wide recreation easement along the east and south property lines. Staff has reviewed the plats and found that they were prepared in accordance with the Village's Development Code requirements. I r r PZ -19 -11 PIanning & Zoning Commission Meeting December 8, 2011 Page 3 RECOMMENDATION Based on the above analysis, Staff recommends that the Planning & Zoning Commission recommend the Village Board aoorove the following motions: "To approve 1) a Plat of Recreational Easement Vacation and 2) a Plat of Recreational Easement Dedication, for the property at 852 Feehanville Drive, Case No. PZ- 19 -11." The Village Board's decision is final for this case. 1 concur: William J. Cooney, AICP, of Community Development rtt H.TLANtPlanning& Zoning CON94V&Z 201 MtaRPt p=T2.19 -1 1 852 Feehamille Dr.(Eaum nt Vacation and Dedication Plats) do a W VILLAGE OF MOUNT PROSPECT Motu p7mpw COMMUNITY DEVELOPMENT DEPARTMENT — Planning Division 50 S. Emerson Street 847 - 759 -6283. Mount Prospect, Illinois 60056 Corporation Phone 847 -818 -5328 FAX 847 - 818 -5329 Plat App 815 -861 -3745 z TYPE OF PLAT: 0 Q ❑ Consolidation F] Easement Dedication ❑ Annexation ❑ Condominium ❑ Resubdivision or Vacation ❑Disconnection ❑ Other 41 Subdivision F a TITLE OF PLAT: Plat of Vacation a . Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois Phone 847.818.5328 Fax 847.818.5329 APPLICANT: Name Telephone (day) Martin Barrett 847 - 759 -6283. Corporation Telephone (evening) Cummins - Allison Corp 815 -861 -3745 Street Address Fax $52 Feehanville Drive 847- 759 -6451 City State Zip Code E -mail z barrettm @cumminsallison.com O Interest in Property: Attorney❑ Architect ❑ Contractor ❑ Owner Buyer ❑ Other: Director of Facilities p ❑Property owner same as applicant z PROPERTY OWNER: Name Telephone (day) z Cummins - Allison Corp 847- 299 -9550 O Corporation Telephone (evening) Cu mmins - Allison Corp 847- 299 -9551 Street Address Fax d 852 Feehanville Drive 847 - 759 -6451 ca City State Zip Code E -mail Mount Prospect 1L 60056 barrettm @cumminsallison.com SURVEYOR/ENGINEER: 847- 223 -4804 Name Ericksson Engineering Associates LTD. Telephone Fax 847 - 223 -4864 Address 145 Commerce Drive Suite A E -mail kcamino @eea- Itd.com Grayslake, 1160030 z TYPE OF PLAT: 0 Q ❑ Consolidation F] Easement Dedication ❑ Annexation ❑ Condominium ❑ Resubdivision or Vacation ❑Disconnection ❑ Other 41 Subdivision F a TITLE OF PLAT: Plat of Vacation a . Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois Phone 847.818.5328 Fax 847.818.5329 SUMMARY OF REQUESTED ACTION: Vacation of 25' easement for recreational use as identified on plat of survey LOCATION OR ADDRESS: 852 Feehanville Drive Mount Prospect, 11 60056 PROPERTY INDEX NUMBER (PIN): 03 35 __ 050 .0000 (List additional if necessary) LAND USE: EXISTING Light industrial PROPOSED unchanged ZONING: EXISTING 1 -9 PROPOSED unchaged TOTAL ACREAGE: 7.954 GROSS SQUARE FOOTAGE 346,400.69 TOTAL 4 OF LOTS: IF RESIDENTIAL SUBDIVISION: Number of dwelling units: Single Family: Multi- Family: Townhouses: VARIATIONS: If requesting an exception to the Zoning Ordinance or Subdivision Code requirements, list request and explain why it is necessary: Please note that the application will not be reviewed until this petition has been fully completed and all required plans and other materials have been satisfactorily submitted to the Community Development Department's Planning Division_ Incomplete submittals will not be accepted. It is strongly suggested that the petitioner schedule an appointment with the appropriate Village staff to discuss the review process and that the materials can be reviewed for accuracy and completeness at the time of submittal. In consideration of the information contained in this petition as well as all supporting documentation, it is requested that approval be given to this request. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agents permission to enter on the property during reasonable hours for visual inspection of the subject property. I hereby affirm that all ' formation p ided herein and in all materials submitted in association with this application are true and accurate to the bes y kno 1 ``� �7 Applicant: Date ( ( ign ture) Print Name If applicant is not property owner: I hereby designate the applicant to act as my agent for the purpose of seeking the Variation(s) described in this application and the associated supporting material. Property Owner: (Signature) Date Print Name Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 Please note that the application will not be reviewed until this petition has been fully completed and all required plans and other materials have been satisfactorily submitted to the Community Development Department's Planning Division. Incomplete submittals will not be accepted. It is strongly suggested that the petitioner schedule an appointment with the appropriate Village staff so that materials can be reviewed for accuracy and completeness at the time of submittal_ In consideration of the information contained in this petition as well as all supporting documentation, it is requested that approval be given to this request. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agent's permission to enter on the property during reasonable hours for visual inspection of the subject property. I hereby affirm that all information provided here' and in all materials submitted in association with this application are true and accurate to the b of Applicant r% hate {sigma ) Print Name If applicant is not property owner: thereby designate the applic t to act a in agent for the purpose of seeking the zoning request(s) described in this application and the associated sup rti to 1 Property Owner Date / 1/2011 (signature) Print Name William J. Jones Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprovw.org 4 TDD 847392.6064 c 0 P VILLAGE OF MOUNT PROSPECT COMMUNITY DEVELOPMENT DEPARTMENT --- Planning Division 50 S. Emerson Street Mount Prospect, Illinois 60056 Piton 847 -8I8 -5328 FAX 847- 818 -5329 Plat Applicatio z TYPE OF PLAT: O Consolidation Easement Dedication ❑ Annexation Condominium z � Resubdivision or Vacation Disconnection ❑Other z ❑ Subdivision ❑ ❑ a TITLE OR PLAT: Plat of Easement w Mount Prospect Department of Community Development Phone 847.818.5328 56 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 APPLICANT: Name Telephone (day} Martin Barrett 847- 759 -6283 Corporation Telephone (evening) Cummins- Allison Corp 815- 861 -3745 Street Address Fax 852 FeehanviHe Drive 847- 759 -6451 City State Zip Code E -mail barrettm @cumminsallison.com z O Interest in Property: Director of Facilities Attorney Architect ❑ Contractor L1 Owner ❑ Bayer ❑ Other: p OProperty �u owner same as applicant Z PROPERTY OWNER: Name Telephone (day) z Cummins- Allison Corp 847- 299 -9550 O Corporation Telephone (evening) Cummins- Allison Corp 847 -299 -9551 V Street Address Fax Q 852 FeehanviHe Drive 847 - 759 -6451 a� City ate Zip Code E -mail Mount Prospect 6005 :: T1 1L barrettm @cumminsallison.com SURVEYOR/ENGINEER: 847-223-4804 Name Erieksson Engineering Associates LTD. Telephone Fax 847- 223 -4864 Address 145 Cammerce.Drive Suite A E -mail kcamino @eea- itd.com Grayslake, 1160030 z TYPE OF PLAT: O Consolidation Easement Dedication ❑ Annexation Condominium z � Resubdivision or Vacation Disconnection ❑Other z ❑ Subdivision ❑ ❑ a TITLE OR PLAT: Plat of Easement w Mount Prospect Department of Community Development Phone 847.818.5328 56 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 } r SUMMARY OF REQUESTED ACTION: Easement dedication 25' easement for recreational use as identified on plat of survey LOCATION OR ADDRESS: . 852 Feehanvifle Drive Mount Prospect, ll 60056 PROPERTY INDEX NUMBER (PIN): 03 35 __ 050 0000 (List additional if necessary) LAND USE: EXISTING light industrial PROPOSED unchanged ZONING: EXISTING t AL ACREAGE: 7.954 GROSS SQUARE FOOTAGE: 346,400.69 TOTAL # OF LOTS: t IF RESIDENTIAL SUBDIVISION: Number of dwelling units: Single Family: Multi - Family: Townhouses: VARIATIONS: If requesting an exception to the Zoning Ordinance or Subdivision Code requirements, list request and explain why it is necessary: Please note that the application will not be reviewed until this petition has been fully completed and all required plans and other materials have been satisfactorily submitted to the Community Development Department's Planning Division. Incomplete submittals will not be accepted. It is strongly suggested that the petitioner schedule an appointment with the appropriate Village staff to discuss the review process and that the materials can be reviewed for accuracy and completeness at the time of submittal. In consideration of the information contained in this petition as well as all supporting documentation, it is requested that approval be given to this request. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agents permission to enter on the property during reasonable hours for visual inspection of the subject property. I hereby affirm that all ' formatio accurate to the best y kn le Applicant (S' tore'r Print Name If applicant is not property owner: A herein and in all materials submitted in association with this application are true and } Date I hereby designate the applicant to act as my agent for the purpose of seeking the Variation(s) described in this application and the associated supporting material. Property Owner: (Signature) Print Name Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois PROPOSED unchaged Date Phone 847.818.5328 Fax 847.818.5329 2 k Please note that the application will not be reviewed until. this petition has been fully completed and all required plans and other materials have been satisfactorily submitted to the Community Development Department's Planning Division. Incomplete submittals will not be accepted. It is strongly suggested that the petitioner schedule an appointment with the appropriate Village staff so that materials can be reviewed for accuracy and completeness at the time of submittal. In consideration of the information contained in this petition as well as all supporting documentation, it is requested that approval be given to this request. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agent's permission to enter on the property during reasonable hours for visual inspection of the subject property. I hereby affirrn that all information provided here' and in all materials submitted in association with this application are true and accurate to the b of Applicant Date l (sigma ) Pant Narne If applicant is not property owner: Bereby designate the applic t to act a m agent for the purpose of seeking the zoning request(s) described in this application and the associated sup rtin to " 1 Property Own 4/1/2011 er Date (signature) Print Name William J. Jones Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois www.mountprospeu.org Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 3 MN, ,! 4 - §MiKs b H ' Wf8oM18".�`S r�'a$ 5'. S W CQ 3ss�� co ^ z egWUS��.�o�3C ,'a 0 ��-[ Wa R Ya8 8�8i•w� `t I o a 8" �m �g F� Y b � r 7 j f I I e � n 8 I i`xs "a 2 H 1WH g f2 r t H UI i y b y 31 IS b I e � �, a a �~ • ��tv • L YS axsi � o s nn• a � $ f r a 3 a r h I' b R C 4Y a I 8 n E r �•��� III I a';bE lk 1 1 I IFd I c s� a !. I gs?! m rovn .a3�x `i sj• f ,.K 77 �t �. � J u 3Y e 11 I J a =- I I I I I E I I I , I [ I *a 4 $ = 3 I E 6� r — � I I L — J _e e j a a c l M� x° ci b a as n� C a ns� §x s i YS axsi � o s nn• 8 n E r �•��� III I a';bE lk 1 1 I IFd I c s� a !. I gs?! m rovn .a3�x `i sj• f ,.K 77 �t �. � J u 3Y e 11 I J a =- I I I I I E I I I , I [ I *a 4 $ = 3 I E 6� r — � I I L — J _e e j a a c l M� x° ci b a as n� C a ns� §x s i �3S V ;1 v a n /< t � z s �i n a 7 - n' 6 J � 7 I ' 1 : � E a � E 3 a: 14d . zS�y= p g 1,N 3 xN1 Y j ls$„ F I a j ms; wl � I v3 €'M FkY S I-;! ml �g7 � six '2 RE vy 8R w� < U A anEaa ��M,ka3��"" s 1 � a i s gO ; r s�Ya s w � shy � �a8mn a= a �< qq J "s z ' V - T � � `sep` ' °�" \ Aevnk iu3w3sn wourva3a � � � I I 'imi c3 63 \\ �xs ii L I ! I I a l I ; I I I I I I \ I I I I jl I E _ - E y � $R I � � a I s jaff I q Y C `sep` ' °�" \ Aevnk iu3w3sn wourva3a � � � I I 'imi c3 63 \\ �xs ii L I ! I I a l I ; I I I I I I \ I I I I jl I s s jaff I Y�'�N d ;& gin C `sep` ' °�" \ Aevnk iu3w3sn wourva3a � � � I I 'imi c3 63 \\ �xs ii L I ! I I a l I ; I I I I I I \ I I I I jl I .� \ § \ \ § \ / ) \ \ \ § \ � ;_ • _. \� §§ � /) � ()\ � `)t §� �G � $ � W HIM 6 \ © TON ! &: �; ) � i $� . -- RESOLUTION NO. A RESOLUTION APPROVING A PLAT OF EASEMENT VACATION AND PLAT OF EASEMENT DEDICATION FOR PROPERTY LOCATED AT 852 FEEHANVILLE DRIVE, MOUNT PROSPECT, ILLINOIS WHEREAS, Cummins - Allison Corporation ( "Petitioner ") has requested approval of a Plat of Easement Vacation and Plat of Easement Dedication for the property located at 852 Feehanville Drive, Mount Prospect, Illinois; and WHEREAS, the Petitioner is seeking to relocate the recreational easement and path for the installation of a fence in the front, side and rear yards of the Property. WHEREAS, the Plat of Easement Vacation, vacates the existing twenty -five (25) foot wide recreation easement that runs along the east half of the detention pond; and WHEREAS, the Plat of Easement Dedication, dedicates a twenty -five (25) foot wide recreation easement along the east and south property lines; and NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the vacation of the existing twenty -five (25) foot wide recreation easement running along the east half of the detention pond located at 852 Feehanville Drive and the Plat of Easement Vacation attached as Exhibit "A" is hereby approved for appropriate execution and recording. Such Plat and its legal description are incorporated into and made part of this resolution. SECTION TWO: That the dedication of a twenty -five (25) foot wide recreation easement along the east and south property lines of the property located at 852 Feehanville Drive and the Plat of Easement Dedication attached as Exhibit "B" is hereby approved for appropriate execution and recording. Such Plat and its legal description are incorporated into and made part of this resolution. SECTION THREE: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES NAYS: ABSENT: PASSED and APPROVED this day of , 20 Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk PLAT OF RECREATIONAL. EASEMENT VACATION- - CUMMINS— ALLISON 852 FEEHANVILLE DRIVE i F Dlgi[k:�+ fti U.k S TIASI( E! 4 E��M nF nvM'a fees N +CO%M `rN 1D9, H NUMDFA HE 1B 1Y� IIIFNI AEON n CURVE A ll N LIE mi711 N DIUS J1S05 FEF i W OSF �I�UND UC ftS SOU DU ]D DECHE[S OD MYB"" E 5E CONDS S x£Sl N NCF p '1tl ti.1 iFfT i a (1ElANN NG. IIItNCE C UHK H Y ('E1.1D DFARS Oa s A FLATE115 HE 11511 FIT E." GRLI:S l u NUIES 56 5[ Ox05 Nt51 ftN! A BRIT DISIANCF HE B R If'LI "1t NCC AA, p GUFV[ iD LEI I - uND HtNiS SG W OI 1 . Ik MIO:.L ll1 LE " E 5 .f� ,NUR, iD TST A LEE- DSTANCE OF 11H 9N III r NORTH 25 E P -RE AO MINUIES THIN SCCONU.E vrtG , 2521 fEff; IRR�[ n( 1HE EE Df 9000 FEE xti E 15 BE ttl Mlnul[S o3 Sf. GDNDS EAST I. t«IUHO DI n4 A CURVE E. Yl. 1RER cOMMO Y HNDWN AS. EE IANV LLE E I I", IA E �E151. O nE P iN U tltGNNN�. - Hf ES +9 MNI ILS �( Dr E -I ttR A [. D 1 U. ANU. 0f CONTAINING 10IA1 A11A _':IF ANt A. 9.9Ut.., Sn I I (o ] A, ) es) W / H 4.02' / y LOT 309 1 237.00' � f cenl von " ^• • �/ / D f - tlr I s i 5 o I I I i 1 K COMMENCEMENT S ORNEN c I H EREBY UEASEMENE — — J vATED L G.DT U. & AS.— AT... �MN . -- -- -- VI c ( ' 4M'N1.ki LIHWIS l _1­1 OF COENINIL—I IGHTTIFIST COIIER OF LOT 309 / ow �xEE nxo vu xu+. ,ci rw we xN xxw�E. .nrvEN ..�.u� ztw .....x POINT OF BEGINNING EDT 302-D �L�E�.�xx LON ou„�ti Ems. Hill— ST S CER lE 1 YOR IF a. >tit .euw uEx��PefixRra�`m�E w�R�on w v,u 'ixEL If n.�� e III Ell rvc[s we viurm w r[ET nxo """I v.w TS mEaiur El RD « � T c�rxurex (m (r.xr w Iw.w.w u c 1 Es x exxi M v «x v it x xu .xo onr '- ..tx Z/A rl,al Ur UISUIMA11VINAL EANEML51V1 -- UUMM11Va- -ALL15UN 1 IMANV1LLE 111L1VE LL L NON- Bf nNS 1 UECHEE f s E 101 A < 2 EEEI 10 U - U Isl in TOO' bEH. }6526 AND bO6N tO, I IENCL ..0-111 6J IX4NEL] .1 uN, l 1,i SCCU US W AI ONI nfU NOH i fNLr l t 06 .11 ELT.1 '.I. THE IONI OI LNNNO E N I CU I UN ANN- WM ROSPl ci, 1LN-S UNIt -PERrr c c 0r allA 0 a rn 4 �5 � / 20 0ti 23/ u 4.02' . a. � „v, nA 237.00 Xy \ W no w � N NfN�N�IW r 30s 1_I=W , o = o NTEN RE6-bo so `� yy rwENrr - .I o o �...� -°o far boa -b ' a / � o n _ i—T it r °Iar. ° w 6W I I NE . 1E .1 -. .�x...x..x x,,...�... x E n uEN HEREOv OTT LLA` .. — OT uWNr PNO FECT EC14B G GENTILE h ASSOCIAT..U,�INC. N PIAI IO FEC 0Ex5 bOx 124 ION N T I Ss caxlr v <irxl ILN IO. f. u s u w ,I.xux. uxv.P vlc u .ssess.ax.z we .e.�xzT r. a Iin ..x° w ., NI ILN S 60056 .. N, � 61169 HI LA6NT NE� z N- HA„ rE�:TN1 N1,N ,,r QM.i.i tEflLFICAJE s I ETAIE �. 111,IN�h , 6 - -N ) ...0 Of l­ITLI Ol 1111 IOLITTI NI III . — .v S vF S- HVET[� " 4 PLpT1E m � U 10111 Ok IE P -NIO.F (p LNCx, rvl nl. 1 Iv (THAT PAR11N UNANALL O TCII) LIES N [-NE AL" (11J -UNAr Akt a.: Nns1 TI ,VAI ON 6411) 6111 - A z! N,�1 b -AN -EH 2 2 °2 I. al/I Village of Mount Prospect Firei Department 111"N"Ol M402111 [a oil I W [$I tMON ff, 0 W �0 �* �,' 0 r11 The Fire Prevention Bureau began researc:h;ing radio monitoring after several other fire departments associated with Northwest Central Dispatch (N!WCD) started using radlios to monitor their fire alarm systems. Recent updates in radio: technology, the increased cost of phone lines, and the frequ:ien!t failure of phone systems has sparked interest in the feasibility of radio mon,i,toring of fire alarm systems, Mount Prospect has approximately 350 fire alarms being monitored. The Vi'llage Code states that al'il reqiui�red commercial fire alarm systems must be monitored. Currentl y, mon!itoirinig consists of tither a central station or direct connection. Radio monitoring, however, is not permitted in the Viflage of Mount Prospect's current Fire Prevention Code. RM ��I�l l OMNI "1 11111 1111111 Radio 111fionitoring of Fire Alairm Systems November 1'8, 2011 Page 2 phone lines or a digital diailer. A digital', dialer is a device usedi to transmit a fire alar signal from the alarm panel to the central mon!itorin:g station over a fiber optic cable. the other hand, it cani, take a great d'eall of time for the fire alarm signals to reach NWC with a central monitoring system. The time it takes for a fire alarm signall to reach central st�a,tion, which can be located anywhere in the U'nited States, can extend up five and even ten minutes. This delay in transmission time can tranislate into significant delay in dispatching the Fire Department. Jill U W I F.M17 MOTM-TIM to MOO MMI "t November 18�, 201 Piage 3 l'ines that transmit a fire alarm snal at a:, specific location to a fire departmient"s dispatch center. Radio systems consist of individual radios liocated' in buildings that contain fire 21'armi,s, which send a signal', back to a monitoring station. While there are multiple forms 0 rad'io! systems, the most common is a netwoirk which is uiltimately tied to a municipality's dispatch center. 4 MY 11MIJ111PIR MM.-It'-1112 I V P 1 or.] IM 1 11. 1 4 ! - T, -Kor-M T I y I i The first step in implementing this t pe of project would be an, ordinance change to t Village's curreint Fire Prevention Code to allow radio monit�ori'ng, The ordiinlance chang wouild require all new fire alarms be moniitored, via rad:i,o by NWCDi. The ordinian change wou,ld'also indicate that radio monitoring would only be al'lowed through, N',WC; anVI their corresponding monitoring contractor. Existing systems would be changed radio monitoring uipon the request of an alarm owner, when the existing fire a�a!!r eqiulilpmient is updated, or where a disconnection of the telephone l'ines has occurred period of time greater than thirty days. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 24 ENTITLED "FIRE PREVENTION CODE" OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: Subparagraph (A)(4) of Section 24.204 entitled "Fire Alarm Systems" of Chapter 24 entitled "Fire Prevention Code" of the Mount Prospect Village Code shall be amended by deleting subparagraph (A)(4) in its entirety and adding the following new language to be and read as follows: 4. A. New Systems. All new fire alarm systems shall transmit trouble and fire signals directly to the Mount Prospect Fire Department's remote receiving station via a wireless transmitter in accordance with NFPA 72. All such equipment must be inspected and approved by the Mount Prospect Fire Department (effective March 1, 2012). B. Existing Systems. All existing fire alarm systems must transmit trouble and fire signals only to an approved central station or to the Mount Prospect Fire Department's remote receiving station. Existing fire alarm systems shall convert to wireless transmission upon (a) the property owner's request; or (b) when the existing fire alarm equipment is modified or replaced; or (c) where a disconnection /disruption of the telephone lines serving the system has occurred for a time period of greater than thirty days. Upon changing to wireless transmission, trouble and fire signals may be transmitted to the Mount Prospect Fire Department remote receiving station only. C. Combination Alarms and Automatic Dialers. Combination burglar and fire alarm systems and stand alone automatic dialers (including digital), shall be prohibited in all new or existing use group classifications except single - family attached and detached homes, townhomes and manufactured homes. D. Smoke Alarms. Single or multiple station smoke alarms shall be exempts from those regulations. 276727_1 SECTION 2: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law, except that 4(A) "New Systems" shall become effective on March 1, 2012. AYES: NAYS: ABSENT: PASSED and APPROVED this day of , 2011 Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk 276727_1 KLEIN, THORPE & JENKINS, LTD. Attorneys at Law 20 N. Wacker Drive, Ste 1660 Chicago, Illinois 60606 -2903 T 312 984 6400 F 312 984 6444 DD 312 984 6420 emhi I l&tj law. com MEMORANDUM TO: Michael E. Janonis Mount Prospect Village Manager FROM: George A. Wagner DATE: December 8, 2011 15010 S. Ravi nia Avenue, Ste 10 Orland Park, Illinois 60462 -5353 T 708 349 3888 F 708 349 1506 www.ktjIaw.com RE: Revisions to Article XVIII, Residential Landlord and Tenant Regulations, Chapter 23 of the Village Code Staff requested that I draft an ordinance to revise the residential landlord and tenant regulations found in Article XVIII of Chapter 23 of the Village Code. The proposed changes address both crime free housing and landlord- tenant regulations, as they are interrelated and addressed in Article XVIII. Background A brief review of the landlord- tenant regulations and crime free housing program is necessary to understand the proposed changes. The general landlord- tenant regulations require, among other things, that a landlord obtain a residential rental operator's license and enter into a written lease with its tenants. These requirements are the basis of the crime free housing program, which is intended to assist landlords in maintaining quality tenants for the benefit of the tenant and the landlord. The crime free housing program requires, among other things, that the lease must include a crime free housing lease addendum, by which the tenant agrees that the landlord may evict the tenant based upon the occurrence, on or about the rental unit or a multi - family rental structure, of certain criminal or ordinance offenses, defined as public nuisances", by the tenant, a member of the tenant's household, a guest or a person under the tenant's control. The program also creates a process by which the police chief can give notice of such nuisances to the landlord, and require the landlord to take appropriate action to prevent future nuisances. The failure of a landlord to take such action after three (3) public nuisances have occurred on or about a rental unit, or six (6) public nuisances have occurred on or about a multi - family residence in a one year period, can result in the revocation of the landlord's operator's license, which, in turn, would prohibit the landlord from entering into or renewing leases, and requires the posting of the property to that effect, along with additional remedies. 278627_1 The following is a summary of the proposed changes to Article XVIII, Residential Landlord and Tenant Regulations: Il. Crime Free Housing The proposed crime free housing changes are as follows: 1) Statement of Purpose and Policy A statement of purpose and policy has been added to the introductory Section 23.1801 to explain the purpose of the crime free housing regulations, and to affirmatively state the Board's policy that the repeated commission of criminal offenses and violations of the Village Code by tenants, members of a tenant's household, tenant's guests and any person under tenant's control, annoys and injures the health, safety and welfare of the Village's citizens. Crime free housing provisions were added to Article XVIII, which initially dealt solely with landlord- tenant regulations, and the legislative purpose was not revised to address crime free housing. 2) Location of the Public Nuisance Under the present ordinance, the notice and revocation proceedings, as well as the lease addendum, are based upon a public nuisance that occurs " or about the rental unit or multi - family structure. The proposal is for a public nuisance to include defined offenses that occur anywhere " within the Village ". In other words, a public nuisance by a tenant, a member of the tenant's household, a guest or a person under the tenant's control, that occurs anywhere within the Village could result in eviction by a landlord, as well as notice of a public nuisance to the landlord, and be counted in regard to revocation of the residential rental operator's license. (Sections 23.1803; 23.1813; 23.1814) 3) Number of Public Nuisances The present ordinance limits notice and revocation proceedings to three (3) public nuisances occurring on or about a rental unit. The proposal is to limit public nuisances by the tenant, a member of the tenant's household, a guest or a person under the tenant's control, that occur anywhere within the Village, to two (2), if any one (1) of those public nuisances was a felony. This provision applies only to the rental unit, not the multi - family residential structure. (Sections 23.1803; 23.1813) 4) Felony Offenses the term "felony" is defined, included in the definition of public nuisance and chronic public nuisance, and added to the crime free lease addendum. (Sections 23.1803; 23.1814) 5) Other changes The effective date of the revised lease provision is left blank and should be inserted upon approval of the ordinance. (Section 23.1814) 278627_1 III. Landlord- Tenant Regulations There are several housekeeping matters for the landlord- tenant regulations: 1) The definitions of "property manager" and "responsible party" are added. (Section 23.1803) 2) Penalty provisions were overlapping and are being combined. (Sections 23.1812 and 23.1822) 3) Terms and phrases, such as, "owner" and "manager ", have been used to replace "agent ", "property agent" and "residential operator ", and other changes were made for consistency or clarification. (Sections 23.1806, 23.1815, 23.1816, 23.1819, 23.1820) There are several substantive changes 1) The owner and property manager are required to provide contact information to the tenant and the property manager's liability is limited only under the rental agreement for events occurring after termination of management. The limitation previously applied to all of Article XVIII. (Section 23.1806) 2) An applicant for a rental operator's license is required to provide legal name and address, and the licensing period was corrected. (Section 23.1815) 3) Service for notice of violation is clarified. (Section 23.1820) 4) The Village's Administrative Adjudication System is made available for enforcement of this Article and a violation now includes a landlord- tenant violation. (Section 23.1821) 5) The Village may seek an injunction, restraining order, or other legal or equitable remedies. (Section 23.1822) If you have any questions, please contact me. c: Dave Strahl, Assistant Village Manager Lisa Angell, Village Clerk John Dahlberg, Police Chief Bill Cooney, Director of Community Development Bob Roels, Environmental Health Manager Mike Semkiu, Deputy Police Chief Everette M. Hill, Jr., Village Attorney 278627_1 14 - ORMAL MEMORANDUM .* CONTROL NUMBER Currently, in order for a leased premise to become a "chronic public nuisance," a public nuisance (as defined in the • occur at, on, or in the leased premises. Nuisances committed by • ecific tenant within the Village of Mount • ;•- • in, at or on, the property, are not to be counted against the leased premises. During the course of the past three (3) years, there have been several serious criminal acts committed in Mount Prospect by tenants of leased property within the Village. Many of these serious crimes were felony crimes. These serious criminal acts included: Under the current ordinance, if one of these criminal acts occur within the Village of Mount prospect, BUT NOT ON OR IN the leased property, it is not considered associated with that "leased premises" and therefore not to be counted as one of three (or six in the case of a multi -unit) nuisances required to establish the premises as a "chronic nuisance property ". Page 1 of 2 MOUNT PROSPECT POLICE DEPARTMENT I CHF 11 -98 FORMAL MEMORANDUM CONTROL NUMBER It is my belief that the felony criminal activity has a significantly greater impact on the quality of life in the Village and therefore the number of nuisance occurrences needed to define a property as a "chronic public nuisance" should be reduced to two (2) occurrences when one of the nuisances is equivalent to a felony criminal charge as delineated by the Illinois Criminal Code. It is staff's recommendation to amend those sections of Chapter 23 of the Village Code to reflect the following: Section 23.1803.A • A chronic public nuisance property will be defined as any rental unit, whose tenant(s), any member of the tenant's household, Tenant's guest(s), and any person under Tenant's control, commit any two 2 or more public nuisances, one of which constitutes a felony offense, within the Village of Mount Prospect within any one year period, or any three (3) or more public nuisances within the Village of Mount Prospect within any one year period, and any multi - family rental structure whose tenant(s), any member of the tenant's household, tenant's guest(s), and any person under tenant's control, commit any six (6) or more public nuisances within the Village of Mount Prospect within any one year period. Section 23.1803.6 • Felony Offenses as defined by the Illinois Criminal Code of 1961, specifically 720 ILCS 5/1 -1, as public nuisances. Section 23.1813.13. • For purposes of this section, a public nuisance activity may occur anywhere within the Village of Mount Prospect. Nuisance activity will not be specifically confined to, at, on or in the leased property. Section 23.1814.G. • The Crime Free Lease Addendum which is required as part of ALL lease agreements will be amended to reflect aforementioned changes. These proposed amendments in collaboration with those amendments requested by the Community Development Department will ensure that the Crime Free Housing Ordinance continues to be a robust tool to positively impact the quality of life for the residents of Mount Prospect. C: Deputy Chief Semkiu Deputy Chief Janowick Crime Free Housing Officer Lyons Page 2 of 2 Village of Mount Prospect Community Development Department MEMORANDUM 1 ?� TO: VILLAGE MANAGER MICHAEL E. JANONIS FROM: ENVIRONMENTAL HEALTH MANAGER DATE: DECEMBER 6, 2011 SUBJECT: RESIDENTIAL LANDLORD AND TENANT REGULATIONS UPDATES Environmental Health staff reviewed the Residential Landlord and Tenant Regulations concurrently with the Police Department revisions. Staff - recommended changes to the Article are a matter of housekeeping and to address the new challenges of rental dwelling properties in foreclosure and management shirking responsibility for absentee landlords. In addition, Assistant Village Attorney George Wagner modified the language throughout the article to be consistent and current. The following are explanations of the changes in each section of the proposed ordinance. Section 1 • "Purpose and Declaration" updated to include Crime Free Housing. Section 2 • Definitions revised per Police Department request. • Definition of "Responsible Party" clarified to ensure all parties responsible for compliance are accountable. Section 3 • Landlord disclosure requirements were expanded to clearly require owner and property manager to provide address and contact information to the tenant. • Amend language that could relieve property manager of responsibility. Section 4 • 23.1812 "Civil Action by Village to Enforce Compliance" deleted as it duplicates and may conflict with 23.1822 "Penalties ". Sections 5 and 6 • Revised per Police Department request. Section 7 • Require application to have legal name and address. • Correct dates to match current license period. • Remove "agent" for consistent language throughout the article. Sections 8 and 9 • Replace "agent: with "manager" for consistent language throughout the article. Section 10 • Replace "residential operator" and "property agent" with "owner" or "manager" for consistent language throughout the article. Section 11 • Amend language so service provisions of violations are consistent with Adjudication service provisions, and remove potentially conflicting language relieving property agent of responsibility. RESIDENTIAL LANDLORD AND TENANT REGULATIONS UPDATES December 6, 2011 Page 2 The changes recommended by Community Development are to make the language consistent throughout the document for all responsible parties, and remove any language that may exempt a manager or agent as a responsible agent. In addition, the Village Attorney has updated the language of the article so it is consistent and current. I concur, K�' �� William J Cooney, Jr., CP Director of Community evelopment Assistant Village Manager David Strahl Community Development Director William J. Cooney, Jr., AICP Crime Free Housing Coordinator Pat Lyons I:" H:\ENVH \Village Board\LL_Tenant Article Update \LL_Tenant Article Update.doc ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 23 OF THE VILLAGE CODE OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS, REGARDING LANDLORD- TENANT OBLIGATIONS. CHRONIC PUBLIC NUISANCES AND CRIME FREE HOUSING BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, PURSUANT TO ITS HOME RULE POWERS: SECTION 1: The text of Section 23.1801, "Purpose and Declaration of Policy ", of Article XVIII, Residential Landlord and Tenant Regulations, of Chapter 23 of the Village Code, shall be deleted in its entirety and replaced with the following: 23.1801: PURPOSE AND DECLARATION OF POLICY: It is the purpose of this article and the policy of the Village, in order to protect and promote the public health, safety and welfare of its citizens, to establish rights and obligations of the landlord and the tenant in the rental of dwelling units in the village and to encourage the landlord and the tenant to maintain and improve the quality of rental housing within the community. It is also the purpose of this article and the policy of the Village to protect, preserve, and promote the health, safety and welfare of its citizens through the reduction, control, and prevention of criminal and nuisance activities. In that regard, the village board finds that the repeated commission of criminal offenses and violations of the Mount Prospect Village Code within the village by tenants, members of a tenant's household, tenant's guest(s) and any person under tenant's control substantially annoys and injures the health, safety and welfare of its citizens. This article shall be liberally construed and applied to promote its purposes and policies. SECTION 2: Section 23.1803, "Definitions ", of Article XVIII, Residential Landlord and Tenant Regulations, of Chapter 23 of the Village Code, shall be amended as follows: A. The definition of Chronic Public Nuisance Property shall be deleted and replaced with the following: CHRONIC PUBLIC NUISANCE PROPERTY: Any rental unit, whose tenant(s), any member of the tenant's household, tenant's guest(s), and any person under tenant's control, commit any two (2) or more public nuisances, one of which constitutes a felony offense, within the Village of Mount Prospect within any one year period, or any three (3) or more public nuisances within the Village of Mount Prospect within any one year period, and any multi - family rental structure whose tenant(s), any member of the tenant's household, tenant's guest(s), and any person under tenant's control, commit any six (6) or more public nuisances within the Village of Mount Prospect within any one year period. 2786592 1 B. The following definitions shall be inserted alphabetically: FELONY OFFENSE: Any offense that constitutes a felony under the Criminal Code of 1961, 720 ILCS 511 -1 et seq., including, but not limited to, those described as a public nuisance in this Section. PROPERTY MANAGER: Any person, agent, firm or corporation authorized to manage the premises. RESPONSIBLE PARTY: Includes landlords, landlords' designated agents, residential operators licensees, and property managers. C. The definition of Public Nuisance shall be amended by inserting a new subsection O, the remaining subsections to be renumbered alphabetically, to be and read as follows: O. Any offense that constitutes a felony under the Criminal Code of 1961, 720 ILCS 511 -1 et seq., including, but not limited to, those set forth above. SECTION 3: Section 23.1806, "Landlord Obligations ", of Article XVIII, Residential Landlord and Tenant Regulations, of Chapter 23 of the Village Code, shall be amended as follows: A. Subsection C, Disclosure, shall be amended as follows: 1. Sub - subsection 1 shall be deleted in its entirety and replaced with the following: 1. The landlord or any person authorized to enter into a rental agreement on his/her behalf, shall disclose to the tenant in writing on or before the commencement of the tenancy: a. The name and address of the owner; and b. The name, address and telephone number of the property manager, if any. 2. Sub - subsection (3) shall be amended by inserting the word "property" before the word "manager" to be and read as follows: 3. The information required to be furnished by subsection C1 of this section shall be kept current. Subsections C 1 and C2 of this section extend to and are enforceable against any successor landlord or property manager. B. Sub - subsection (2) of Subsection F, "Limitation on Liability ", shall be deleted in its entirety and replaced with the following: 2. Unless otherwise agreed, the property manager is relieved of liability under the rental agreement for events occurring after notice to the tenant of the termination of its management. SECTION 4: The text and title of Section 23.1812, "Civil Action by Village to Enforce Compliance ", of Article XVIII, Residential Landlord and Tenant Regulations, of Chapter 23 of the Village Code, shall be deleted in its entirety and the title shall state "Intentionally Left Blank ". 2786592 2 SECTION 5: Subsections B, C and D of Section 23.1813, "Chronic Public Nuisance ", of Article XVIII, Residential Landlord and Tenant Regulations, of Chapter 23 of the Village Code, shall be deleted in their entirety and the following inserted in their place: B. Preabatement Procedure: Whenever the chief of police, or his/her designee, receives one police report of any law enforcement agency lawfully exercising jurisdiction in the Village, which reports or describes public nuisance activity within the Village within the same one year period by a tenant(s), any member of the tenant's household, tenant's guest(s), and any person under tenant's control, of the same rental unit or the same multi - family residential structure, the chief of police, or his/her designee, may take the following action: 1. Notify the landlord that the property may be in danger of becoming a chronic public nuisance property. The notice shall contain the following information: a. The street address or legal description sufficient for identification of the dwelling unit and/or at a multi - family residential structure. b. A statement that the chief of police has information that the property is in danger of becoming a chronic public nuisance property with a concise description of the public nuisance activities that may exist or that have occurred. Said notice shall further state the following: (1) Demand that corrective action be taken to ensure that a second or subsequent public nuisance activity (in the event of a felony offense related to the same rental unit) or a third or subsequent public nuisance activity does not occur in regard to the same rental unit within that one year period, or, in the case of a multi - family residential structure, to ensure that a sixth or subsequent public nuisance activity does not occur within that one year period; (2) Explain that, in the event of a subsequent occurrence of a public nuisance activity on that property, the chief of police may declare the property a chronic public nuisance, such that the landlord's residential operator's license shall be subject to suspension or revocation; (3) Recommend that landlord enforce the crime free lease provision through eviction or take such other reasonable corrective action as the chief of police deems necessary; and (4) Notify the landlord that it has the right to request a hearing before the Village Manager to contest the determination of an occurrence of public nuisance activity. Said request for a hearing must be received by the Village Manager within eight (8) days following the date such notice was personally delivered or placed in the mail. If such a request for a hearing is not received within that time period, the police chief s determination shall become final. 278659_2 3 c. Said notice shall be served by regular U.S. mail or by personal service. 2. Whenever the chief of police, or his/her designee, receives subsequent police reports of any law enforcement agency lawfully exercising jurisdiction in the Village, which report or describe a second or subsequent public nuisance activity in regard to the same rental unit or a second, third, fourth, or fifth or subsequent public nuisance activity in regard to the same multi - family residential structure within the same one year period, the chief of police, or his/her designee, shall send a notice in the form set forth in subsection BI of this section. For purposes of this section, it is not necessary that notices be sent for each public nuisance activity that may occur, but that two (2) preabatement notices be sent in regard to public nuisance activities at a rental unit, and five (5) preabatement notices be sent in regard to such activities at a multi - family residential structure, prior to commencement of the abatement proceedings set forth below. If the first or second public nuisance activity in regard to the same rental unit is a felony offense, a second preabatement notice is not required. C. Abatement Procedure: If, after complying with the notification procedures described in subsection B of this section, the chief of police receives a police report documenting the occurrence of a second public nuisance activity, one of which public nuisances is a felony offense, or a third or subsequent public nuisance activity in regard to the same rental unit and/or receives a police report documenting the occurrence of a sixth or subsequent public nuisance activity in regard to the same multi - family residential structure within one year of the acts or conduct with respect to which a notification was issued, and determines that the property has become a chronic public nuisance property, the chief of police shall: 1. Notify the landlord of the rental unit and/or multi - family residential structure that the property has been declared a chronic public nuisance property. The notice shall contain the following information: a. The street address or legal description sufficient for identification of the property. b. A statement that the chief of police has determined the property to be a chronic public nuisance property with a concise description of the public nuisance activities leading to that finding. c. A statement that the chief of police has recommended to the Village Manager to revoke or suspend the residential operator's license pursuant to subsection 10.401 of this code. d. Said notice shall be served by regular U.S. mail, or by personal service. D. Burden Of Proof, Notice: 2786S92 4 1. In an action seeking abatement of a chronic public nuisance property by revocation or suspension of the landlord's residential operator's license, the Village shall have the initial burden of showing by a preponderance of the evidence that the property is a chronic public nuisance property. 2. For purposes of showing that the property is a chronic public nuisance property and that a public nuisance has occurred within the Village, the testimony of police officers to recount witness statements shall be admissible, subject to the discretion of the hearing officer. 3. The following are defenses to an action seeking suspension or revocation of a residential operator's license: a. That the landlord, at the time in question, could not, in the exercise of reasonable care or diligence, determine that the property had become a chronic public nuisance property, or could not, in spite of the exercise of reasonable care and diligence, control the conduct leading to the findings that the property is a chronic public nuisance property. b. That the public nuisance activities occurring at a rental unit were not related to the same tenant. Public nuisance activities at a rental unit are subject to abatement under this section, if they occur while the rental unit is leased to the same tenant. 4. The failure of any person to receive the notices in subsections B and C of this section shall not invalidate or otherwise affect the proceedings under this section. SECTION 6: Subsection A of Section 23.1814, "Crime Free Housing ", of Article XVIII, Residential Landlord and Tenant Regulations, of Chapter 23 of the Village Code, shall be amended as follows: A. The last sentence of Subsection (A) shall be deleted, to be and read as follows: A. A residential operator's license shall not be issued until the landlord, or designated agent, has attended and successfully completed the crime free housing seminar, sponsored by the Village of Mount Prospect. B. Subsection G shall be amended as follows: 1. The phrase "February 1, 2007" in the first paragraph shall be deleted and replaced with the phrase " ", to be and read as follows: G. After , 2011, every lease, including lease extensions, shall contain a crime free lease provision, the purpose of which is to make criminal activity, not limited to violent or drug related criminal activity, engaged by, facilitated by or permitted by the lessee, member of the household, guest or other party under the control of the lessee, a lease violation, and to provide the landlord with authority under that clause to initiate eviction proceedings pursuant to state law. The crime free lease provision shall be in substantially the following form: 2786592 5 2. The heading "Crime Free Housing Lease Provision - Prohibition against criminal activity on premises." shall be amended by replacing the phrase "on premises" with "within the Village of Mount Prospect ", to be and read as follows: Crime Free Housing Lease Provision - Prohibition against criminal activity within the Village of Mount Prospect. 3. Crime Free Housing Lease provision 1 shall be amended by deleting the phrase "on the leased premises or on Lessor's property" and replacing it with the phrase "within the Village of Mount Prospect ", to be and read as follows: \ 1. The Tenant, any member of the tenant's household, Tenant's guest(s), and any person under Tenant's control shall not engage in or facilitate criminal activity within the Village of Mount Prospect, which includes the leased premises, at 4. A new Crime Free Housing Lease subsection (xv) shall be inserted in Crime Free Housing Lease provision 7, the remaining subsections to be renumbered numerically, to be and read as follows: (xv) Any offense that constitutes a felony under the Criminal Code of 1961, 720 ILCS 511 -1 et seq., including, but not limited to, those set forth above. 5. Crime Free Housing Lease subsection (newly renumbered) (xvii) shall be amended by inserting the phrase "Mount Prospect" before the phrase "Village Code ", to be and read as follows: (xvii) Any offense defined and prohibited by Articles I through VIII of Chapter 23, "Offenses and Miscellaneous Regulations" of the Mount Prospect Village Code. SECTION 7: Subsection B, "License Application ", of Section 23.1815, License to Operate Rental Structures, of Article XVIII, Residential Landlord and Tenant Regulations, of Chapter 23 of the Village Code, shall be amended as follows: A. Subsection 1 shall be deleted in its entirety and replaced with the following: 1. Each applicant for a license to maintain a rental structure shall file a written application with the code official stating: a. The full legal name, address, and home and work telephone numbers of each and every legal and beneficial owner. b. The address of the rental structure. c. The number of dwelling units within the structure. d. In the case of an owner who has designated a property manager, the name, address and phone number of the property manager. B. Subsection 2 shall be deleted in its entirety and replaced with the following: 2. All licenses shall be due and payable on or before August 31, and the respective licenses shall expire on August 31 next after the date of issue. 278659 2 6 C. Subsection 3 shall be amended by deleting the phrase "June 1" and replacing it with the phrase "September 1 ", to be and read as follows: 3. Each license application shall be accompanied by a fee as set forth in appendix A, division II of this code. If an application for a renewal of an existing license is received after September 1, the fee shall be increased by fifty percent (50 %). If, at the time of application for a license or renewal license, an applicant has been certified as a residential operator for the new licensing period, the fee shall be decreased by ten percent (10 %) as to any inspection group to which that certification applies. D. Subsection 4 shall be amended by deleting the term "agent" and replacing it with the term "manager ", to be and read as follows: 4. Whenever there is a change in the ownership of a rental structure or a change in the owner's property manager, the owners shall, within fifteen (15) days of such change, file a written notice with the code official indicating such change. SECTION 8: Sub - subsections 6, 8 (introductory paragraph only) and 14 of Subsection A, "Inspection Requirements; License Issuance or Denial ", of Section 23.1816, Inspections by Village, of Article XVIII, Residential Landlord and Tenant Regulations, of Chapter 23 of the Village Code, shall be amended by deleting the word "agent" and inserting the word "manager ", to be and read as follows: 6. If any owner, property manager, tenant or other person in control of a rental structure fails or refuses to consent to free access and entry to the property for any inspection pursuant to this article, the code official or designee may, upon approval of the Village Manager, apply to the circuit court for an administrative warrant or other appropriate court order authorizing such inspection. Such an application shall not be a waiver of the village's right to seek other remedies pursuant to this article. 8. If a licensing inspection reveals any violation or warning condition, a compliance time period shall be set by the director. The code official shall serve notice of the violations and/or warning conditions, and the compliance time period on the owner or property manager personally or by regular U.S. mail at the address provided on the most recent license application. The notice shall include the following: (a -e to remain) 14. The Village inspector shall, prior to entering an occupied apartment, give the property manager or owner a reasonable opportunity to be present during the inspection. Unless otherwise specified in a court order or warrant, the inspector will not inspect or search personal property of the owner or tenant. The inspector, while performing the duties of his/her office, will otherwise fully consider the privacy and dignity of the owner and tenant, and will not enter or open closets, medicine cabinets or the other closed cabinets or lockers unless the inspector has reasonable grounds to believe that to do so would establish evidence of code violations. If a tenant desires to be present for an inspection and it would result in an unusual hardship for that resident to be present during regular Village business hours, the inspector shall attempt to conduct the inspection at a time reasonably convenient to the tenant. 2786592 7 SECTION 9: Section 23.1819, "Notification of Violations; Correction, Appeal and Reinspection ", of Article XVIII, Residential Landlord and Tenant Regulations, of Chapter 23 of the Village Code, shall be amended by deleting the word "agent" in the first sentence and inserting the word "manager ", to be and read as follows: Whenever any violation or warning condition is found in any inspection group, the owner or property manager shall be notified of those findings and of the right to appeal such a finding by filing a request for hearing, which must be received by the Village Manager within eight (8) days following the date such notice was personally delivered or placed in the mail. In the event that the property is not in full compliance upon the expiration of a compliance time period, the owner shall be subject to the penalties set forth in section 23.1822 of this article. SECTION 10: Section 23.1820, "Revocation or Denial of License; Operation Without a License ", of Article XVIII, Residential Landlord and Tenant Regulations, of Chapter 23 of the Village Code, shall be amended as follows: A. Subsection A shall be amended by deleting the phrase "residential operator" in the first sentence and inserting in its place the phrase "property manager ", and inserting the following sentence at the end: "Notice under this paragraph shall be by personal service or mail. ", to be and read as follows: A. Whenever the director of community development finds that conditions or practices remain in the rental structure or any unit within the rental structure in violation of any applicable regulations, or there are outstanding fees or judgments, the director shall serve the landlord or property manager with a notice of violation, which shall state the violation(s) and provide a list of outstanding fees or judgments. Said notice shall state that unless all such violations are corrected and outstanding fees or judgments satisfied within a reasonable time, of not less than five (5) days nor more than thirty (30) days from the date of the notice, the operator's license will be revoked or denied, as applicable. In the case of a renewal, the notice shall state that issuance of the license will be denied. Notice under this paragraph shall be by personal service or mail. B. Subsection B shall be amended by deleting the phrases "residential operator" and "operator ", replacing them with the phrase "property manager ", to be and read as follows: B. Upon expiration of the time allowed to correct any violation and/or satisfy any outstanding fees or judgments, the Village shall reinspect the rental structure and determine if any violations, outstanding fees or judgments remain. If the violations have not been corrected or outstanding fees or judgments remain, the director of community development shall provide notice to the landlord or property manager of a determination to revoke or deny issuance or renewal of the operator's license. Said notice shall inform the landlord or property manager of the right to request a hearing regarding the proposed action, as described in subsection C of this section. C. Subsection E(2) shall be amended by deleting the number "23.1812" and replacing it with the number "23.1822 ", to be and read as follows: 2. The village shall have the right to proceed under section 23.1822 of this article. 2786592 8 D. Subsection G shall be amended by deleting the phrase "residential operator or the listed property agent" and replacing it with the phrase "owner or property manager ", and inserting the phrase "property manager" after the word "landlord ", to be and read as follows; G. Whenever a license is revoked or denied, or the rental structure is being operated without a license, the director of community development shall send a notice to the landlord or property manager at the last address provided on the most recent license application, or to the landlord, property manager or taxpayer of record if no application is available. The notice shall be sent by regular U.S. mail or served personally. The code official shall also notify the landlord, property manager and all tenants of the rental structure by posting a notice on all entrances to the rental residential structure, containing the name and address of the owner, address and/or name of the multi - family residential structure, and the following statement: You are hereby notified that the license for this structure has been revoked or denied, or the rental structure is operating without a license. No existing rental agreement or lease shall be renewed and no new rental agreement or lease shall be entered into with respect to any rental unit located within this building. SECTION 11: Section 23.1821, "Violations, Notice Of Court Proceeding, of Article XVIII, Residential Landlord and Tenant Regulations, of Chapter 23 of the Village Code, shall be deleted in its entirety and replaced with the following: Section 23.1821, Violations, Compliance Notice, Citations. A. The following shall constitute violations of this article: 1. Violations of the landlord -tenant provisions in Sections 23.1804 through 23.1811 of this article. 2. Violations of the licensing requirements in subsection 23.1815 of this article. 3. Failure of the owners of the rental property to maintain the structure and premises in compliance with applicable Village regulations. 4. Removal or defacement of any notice which has been posted pursuant to this article. B. Before filing a complaint in court with respect to a violation of this article, the code official may deliver or mail a violation notice to the landlord or property manager requesting compliance, or, in the event that a tenant or lessee has committed a violation, such notice shall be personally delivered or mailed to the tenant or lessee. C. The code official has authority to issue citations to any persons who violate the provisions of this article. In the event that this article is enforced through the administrative adjudication system, the provisions for service and notice contained in chapter 8, article XXI of this code shall govern. SECTION 12: Section 23.1822, "Penalties ", of Article XVIII, Residential Landlord and Tenant Regulations, of Chapter 23 of the Village Code, shall be amended by inserting a new Subsection B, the remaining Subsections to be relettered alphabetically, to be and read as follows; 278659_2 9 B. In addition to any fines, fees, or costs, the Village may seek a permanent or temporary injunction, restraining order, the appointment of a receiver or such other legal or equitable remedies as may be available. SECTION 13: 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 , 2011. Irvana K. Wilks, Village President ATTEST: Lisa Angell, Village Clerk 2786592 10 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 23 OF THE VILLAGE CODE OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS, REGARDING LANDLORD- TENANT OBLIGATIONS, CHRONIC PUBLIC NUISANCES AND CRIME FREE HOUSING BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, PURSUANT TO ITS HOME RULE POWERS: SECTION 1: The text of Section 23.1801, "Purpose and Declaration of Policy ", of Article XVIII, Residential Landlord and Tenant Regulations, of Chapter 23 of the Village Code, shall be deleted in its entirety and replaced with the following: 23.1801: PURPOSE AND DECLARATION OF POLICY: It is the purpose of this article and the policy of the Village, in order to protect and promote the public health, safety and welfare of its citizens, to establish rights and obligations of the landlord and the tenant in the rental of dwelling units in the village and to encourage the landlord and the tenant to maintain and improve the quality of rental housing within the community. It is also the purpose of this article and the policy of the Village to protect, preserve, and promote the health, safety and welfare of its citizens through the reduction, control, and prevention of criminal and nuisance activities. In that regard, the village board finds that the repeated commission of criminal offenses and violations of the Mount Prospect Village Code within the village by tenants, members of a tenant's household, tenant's guest(s) and any person under tenant's control substantially annoys and injures the health, safety and welfare of its citizens. This article shall be liberally construed and applied to promote its purposes and policies. SECTION 2: Section 23.1803, "Definitions ", of Article XVIII, Residential Landlord and Tenant Regulations, of Chapter 23 of the Village Code, shall be amended as follows: A. The definition of Chronic Public Nuisance Property shall be deleted and replaced with the following: CHRONIC PUBLIC NUISANCE PROPERTY: Any rental unit, whose tenant(s), any member of the tenant's household, tenant's guest(s), and any person under tenant's control, commit any two (2) or more public nuisances, one of which constitutes a felony offense, within the Village of Mount Prospect within any one year period, or any three (3) or more public nuisances within the Village of Mount Prospect within any one year period, and any multi - family rental stricture whose tenant(s), any member of the tenant's household, tenant's guest(s), and any person under tenant's control, commit any six (6) or more public nuisances within the Village of Mount Prospect within any one year period. 278659_1 1 B. The following definitions shall be inserted alphabetically: FELONY OFFENSE: Any offense that constitutes a felony under the Criminal Code of 1961, 720 ILCS 5/1 -1 et seq., including, but not limited to, those described as a public nuisance in this Section. PROPERTY MANAGER: Any person, agent, firm or corporation authorized to manage the premises. RESPONSIBLE PARTY: Includes landlords, landlords' designated agents, residential operators licensees, and property managers. C. The definition of Public Nuisance shall be amended by inserting a new subsection O, the remaining subsections to be renumbered alphabetically, to be and read as follows: O. Any offense that constitutes a felony under the Criminal Code of 1961, 720 ILCS 5/1 -1 et seq., including, but not limited to, those set forth above. SECTION 3: Section 23. 1806, "Landlord Obligations ", of Article XVIII, Residential Landlord and Tenant Regulations, of Chapter 23 of the Village Code, shall be amended as follows: A. Subsection C, Disclosure, shall be amended as follows: 1. Sub - subsection 1 shall be deleted in its entirety and replaced with the following: 1. The landlord or any person authorized to enter into a rental agreement on his /her behalf, shall disclose to the tenant in writing on or before the commencement of the tenancy: a. The name and address of the owner; and b. The name, address and telephone number of the property manager, if any. 2. Sub - subsection (3) shall be amended by inserting the word "property" before the word "manager" to be and read as follows: 3. The information required to be furnished by subsection C1 of this section shall be kept current. Subsections C1 and C2 of this section extend to and are enforceable against any successor landlord or property manager. B. Sub - subsection (2) of Subsection F, "Limitation on Liability ", shall be deleted in its entirety and replaced with the following: 2. Unless otherwise agreed, the property manager is relieved of liability under the rental agreement for events occurring after notice to the tenant of the termination of its management. SECTION 4: The text and title of Section 23. 1812, "Civil Action by Village to Enforce Compliance ", of Article XVIII, Residential Landlord and Tenant Regulations, of Chapter 23 of the Village Code, shall be deleted in its entirety and the title shall state "Intentionally Left Blank ". 278659_1 2 SECTION 5: Subsections B, C and D of Section 23.1813, "Chronic Public Nuisance ", of Article XVIII, Residential Landlord and Tenant Regulations, of Chapter 23 of the Village Code, shall be deleted in their entirety and the following inserted in their place: B. Preabatement Procedure: Whenever the chief of police, or his /her designee, receives one police report of any law enforcement agency lawfully exercising jurisdiction in the Village, which reports or describes public nuisance activity within the Village within the same one year period by a tenant(s), any member of the tenant's household, tenant's guest(s), and any person under tenant's control, of the same rental unit or the same multi - family residential stricture, the chief of police, or his /her designee, may take the following action: 1. Notify the landlord that the property may be in danger of becoming a chronic public nuisance property. The notice shall contain the following information: a. The street address or legal description sufficient for identification of the dwelling unit and /or at a multi - family residential stricture. b. A statement that the chief of police has information that the property is in danger of becoming a chronic public nuisance property with a concise description of the public nuisance activities that may exist or that have occurred. Said notice shall further state the following: (1) Demand that corrective action be taken to ensure that a second or subsequent public nuisance activity (in the event of a felony offense related to the same rental unit) or a third or subsequent public nuisance activity does not occur in regard to the same rental unit within that one year period, or, in the case of a multi - family residential stricture, to ensure that a sixth or subsequent public nuisance activity does not occur within that one year period; (2) Explain that, in the event of a subsequent occurrence of a public nuisance activity on that property, the chief of police may declare the property a chronic public nuisance, such that the landlord's residential operator's license shall be subject to suspension or revocation; (3) Recommend that landlord enforce the crime free lease provision through eviction or take such other reasonable corrective action as the chief of police deems necessary; and (4) Notify the landlord that it has the right to request a hearing before the Village Manager to contest the determination of an occurrence of public nuisance activity. Said request for a hearing must be received by the Village Manager within eight (8) days following the date such notice was personally delivered or placed in the mail. If such a request for a hearing is not received within that time period, the police chief s determination shall become final. 278659_1 3 c. Said notice shall be served by regular U.S. mail or by personal service. 2. Whenever the chief of police, or his /her designee, receives subsequent police reports of any law enforcement agency lawfully exercising jurisdiction in the Village, which report or describe a second or subsequent public nuisance activity in regard to the same rental unit or a second, third, fourth, or fifth or subsequent public nuisance activity in regard to the same multi - family residential stricture within the same one year period, the chief of police, or his /her designee, shall send a notice in the form set forth in subsection B1 of this section. For purposes of this section, it is not necessary that notices be sent for each public nuisance activity that may occur, but that two (2) preabatement notices be sent in regard to public nuisance activities at a rental unit, and five (5) preabatement notices be sent in regard to such activities at a multi - family residential stricture, prior to commencement of the abatement proceedings set forth below. If the first or second public nuisance activity in regard to the same rental unit is a felony offense, a second preabatement notice is not required. C. Abatement Procedure: If, after complying with the notification procedures described in subsection B of this section, the chief of police receives a police report documenting the occurrence of a second public nuisance activity, one of which public nuisances is a felony offense, or a third or subsequent public nuisance activity in regard to the same rental unit and /or receives a police report documenting the occurrence of a sixth or subsequent public nuisance activity in regard to the same multi - family residential stricture within one year of the acts or conduct with respect to which a notification was issued, and determines that the property has become a chronic public nuisance property, the chief of police shall: 1. Notify the landlord of the rental unit and /or multi - family residential stricture that the property has been declared a chronic public nuisance property. The notice shall contain the following information: a. The street address or legal description sufficient for identification of the property. b. A statement that the chief of police has determined the property to be a chronic public nuisance property with a concise description of the public nuisance activities leading to that finding. c. A statement that the chief of police has recommended to the Village Manager to revoke or suspend the residential operator's license pursuant to subsection 10A01 of this code. d. Said notice shall be served by regular U.S. mail, or by personal service. D. Burden Of Proof, Notice: 278659_1 4 1. In an action seeking abatement of a chronic public nuisance property by revocation or suspension of the landlord's residential operator's license, the Village shall have the initial burden of showing by a preponderance of the evidence that the property is a chronic public nuisance property. 2. For purposes of showing that the property is a chronic public nuisance property and that a public nuisance has occurred within the Village, the testimony of police officers to recount witness statements shall be admissible, subject to the discretion of the hearing officer. 3. The following are defenses to an action seeking suspension or revocation of a residential operator's license: a. That the landlord, at the time in question, could not, in the exercise of reasonable care or diligence, determine that the property had become a chronic public nuisance property, or could not, in spite of the exercise of reasonable care and diligence, control the conduct leading to the findings that the property is a chronic public nuisance property. b. That the public nuisance activities occurring at a rental unit were not related to the same tenant. Public nuisance activities at a rental unit are subject to abatement under this section, if they occur while the rental unit is leased to the same tenant. 4. The failure of any person to receive the notices in subsections B and C of this section shall not invalidate or otherwise affect the proceedings under this section. SECTION 6: Subsection A of Section 23. 1814, "Crime Free Housing ", of Article XVIII, Residential Landlord and Tenant Regulations, of Chapter 23 of the Village Code, shall be amended as follows: A. The last sentence of Subsection (A) shall be deleted, to be and read as follows: A. A residential operator's license shall not be issued until the landlord, or designated agent, has attended and successfully completed the crime free housing seminar, sponsored by the Village of Mount Prospect. B. Subsection G shall be amended as follows: 1. The phrase "February 1, 2007" in the first paragraph shall be deleted and replaced with the phrase "February 1, 2012," to be and read as follows: G. After February 1, 2012, every lease, including lease extensions, shall contain a crime free lease provision, the purpose of which is to make criminal activity, not limited to violent or drug related criminal activity, engaged by, facilitated by or permitted by the lessee, member of the household, guest or other party under the control of the lessee, a lease violation, and to provide the landlord with authority under that clause to initiate eviction proceedings pursuant to state law. The crime free lease provision shall be in substantially the following form: 278659_1 5 2. The heading "Crime Free Housing Lease Provision - Prohibition against criminal activity on premises." shall be amended by replacing the phrase "on premises" with "within the Village of Mount Prospect ", to be and read as follows: (711me Free Housing Lease Provision - Prohibition against criminal activity irithin the Village q/'MountProspect. 3. Crime Free Housing Lease provision I shall be amended by deleting the phrase "on the leased premises or on Lessor's property" and replacing it with the phrase "within the Village of Mount Prospect ", to be and read as follows: A 1. The Tenant, any member of the tenant's household Tenant's guest(.$), and any person under Tenant's control shall not engage in or facilitate criminal activity within the Village of Mount Prospect, which includes the leased premises, at 4. A new Crime Free Housing Lease subsection (xv) shall be inserted in Crime Free Housing Lease provision 7, the remaining subsections to be renumbered numerically, to be and read as follows: (xv) Any offense that constitutes a felony under the Criminal Code q/'1961, 720 ILC,S' 5 1 -1 et seq., including, but not limited to, those set forth above. 5. Crime Free Housing Lease subsection (newly renumbered) (xvii) shall be amended by inserting the phrase "Mount Prospect" before the phrase "Village Code ", to be and read as follows: (xvii) Any offense defined and prohibited by Articles I through VIII cif Chapter 23, "Offenses and Miscellaneous Regulations" of the Mount Prospect Village Code. SECTION 7: Subsection B, "License Application ", of Section 23.1815, License to Operate Rental Strictures, of Article XVIII, Residential Landlord and Tenant Regulations, of Chapter 23 of the Village Code, shall be amended as follows: A. Subsection I shall be deleted in its entirety and replaced with the following: 1. Each applicant for a license to maintain a rental stricture shall file a written application with the code official stating: a. The full legal name, address, and home and work telephone numbers of each and every legal and beneficial owner. b. The address of the rental stricture. c. The number of dwelling units within the stricture. d. In the case of an owner who has designated a property manager, the name, address and phone number of the property manager. B. Subsection 2 shall be deleted in its entirety and replaced with the following: 2. All licenses shall be due and payable on or before August 31, and the respective licenses shall expire on August 31 next after the date of issue. 278659_1 6 C. Subsection 3 shall be amended by deleting the phrase "June F and replacing it with the phrase "September 1", to be and read as follows: 3. Each license application shall be accompanied by a fee as set forth in appendix A, division II of this code. If an application for a renewal of an existing license is received after September 1, the fee shall be increased by fifty percent (50 %). If, at the time of application for a license or renewal license, an applicant has been certified as a residential operator for the new licensing period, the fee shall be decreased by ten percent (10 %) as to any inspection group to which that certification applies. D. Subsection 4 shall be amended by deleting the term "agent' and replacing it with the term "manager", to be and read as follows: 4. Whenever there is a change in the ownership of a rental stricture or a change in the owner's property manager, the owners shall, within fifteen (15) days of such change, file a written notice with the code official indicating such change. SECTION 8: Sub - subsections 6, 8 (introductory paragraph only) and 14 of Subsection A, "Inspection Requirements; License Issuance or Denial ", of Section 23.1816, Inspections by Village, of Article XVIII, Residential Landlord and Tenant Regulations, of Chapter 23 of the Village Code, shall be amended by deleting the word "agent' and inserting the word "manager ", to be and read as follows: 6. If any owner, property manager, tenant or other person in control of a rental stricture fails or refuses to consent to free access and entry to the property for any inspection pursuant to this article, the code official or designee may, upon approval of the Village Manager, apply to the circuit court for an administrative warrant or other appropriate court order authorizing such inspection. Such an application shall not be a waiver of the village's right to seek other remedies pursuant to this article. 8. If a licensing inspection reveals any violation or warning condition, a compliance time period shall be set by the director. The code official shall serve notice of the violations and /or warning conditions, and the compliance time period on the owner or property manager personally or by regular U.S. mail at the address provided on the most recent license application. The notice shall include the following: (a -e to remain) 14. The Village inspector shall, prior to entering an occupied apartment, give the property manager or owner a reasonable opportunity to be present during the inspection. Unless otherwise specified in a court order or warrant, the inspector will not inspect or search personal property of the owner or tenant. The inspector, while performing the duties of his /her office, will otherwise fully consider the privacy and dignity of the owner and tenant, and will not enter or open closets, medicine cabinets or the other closed cabinets or lockers unless the inspector has reasonable grounds to believe that to do so would establish evidence of code violations. If a tenant desires to be present for an inspection and it would result in an unusual hardship for that resident to be present during regular Village business hours, the inspector shall attempt to conduct the inspection at a time reasonably convenient to the tenant. 278659_1 7 SECTION 9: Section 23.1819, "Notification of Violations; Correction, Appeal and Reinspection ", of Article XVIII, Residential Landlord and Tenant Regulations, of Chapter 23 of the Village Code, shall be amended by deleting the word "agent' in the first sentence and inserting the word "manager ", to be and read as follows: Whenever any violation or warning condition is found in any inspection group, the owner or property manager shall be notified of those findings and of the right to appeal such a finding by filing a request for hearing, which must be received by the Village Manager within eight (8) days following the date such notice was personally delivered or placed in the mail. In the event that the property is not in full compliance upon the expiration of a compliance time period, the owner shall be subject to the penalties set forth in section 23.1822 of this article. SECTION 10: Section 23.1820, "Revocation or Denial of License; Operation Without a License ", of Article XVIII, Residential Landlord and Tenant Regulations, of Chapter 23 of the Village Code, shall be amended as follows: A. Subsection A shall be amended by deleting the phrase "residential operator" in the first sentence and inserting in its place the phrase "property manager ", and inserting the following sentence at the end: "Notice under this paragraph shall be by personal service or mail. ", to be and read as follows: A. Whenever the director of community development finds that conditions or practices remain in the rental stricture or any unit within the rental stricture in violation of any applicable regulations, or there are outstanding fees or judgments, the director shall serve the landlord or property manager with a notice of violation, which shall state the violation(s) and provide a list of outstanding fees or judgments. Said notice shall state that unless all such violations are corrected and outstanding fees or judgments satisfied within a reasonable time, of not less than five (5) days nor more than thirty (30) days from the date of the notice, the operator's license will be revolted or denied, as applicable. In the case of a renewal, the notice shall state that issuance of the license will be denied. Notice under this paragraph shall be by personal service or mail. B. Subsection B shall be amended by deleting the phrases "residential operator" and "operator ", replacing them with the phrase "property manager ", to be and read as follows: B. Upon expiration of the time allowed to correct any violation and /or satisfy any outstanding fees or judgments, the Village shall reinspect the rental stricture and determine if any violations, outstanding fees or judgments remain. If the violations have not been corrected or outstanding fees or judgments remain, the director of community development shall provide notice to the landlord or property manager of a determination to revoke or deny issuance or renewal of the operator's license. Said notice shall inform the landlord or property manager of the right to request a hearing regarding the proposed action, as described in subsection C of this section. C. Subsection E(2) shall be amended by deleting the number "23.1812" and replacing it with the number "23.1822 ", to be and read as follows: 2. The village shall have the right to proceed under section 23.1822 of this article. 278659_1 8 D. Subsection G shall be amended by deleting the phrase "residential operator or the listed property agent' and replacing it with the phrase "owner or property manager", and inserting the phrase "property manager" after the word "landlord ", to be and read as follows; G. Whenever a license is revoked or denied, or the rental stricture is being operated without a license, the director of community development shall send a notice to the landlord or property manager at the last address provided on the most recent license application, or to the landlord, property manager or taxpayer of record if no application is available. The notice shall be sent by regular U.S. mail or served personally. The code official shall also notify the landlord, property manager and all tenants of the rental stricture by posting a notice on all entrances to the rental residential stricture, containing the name and address of the owner, address and /or name of the multi - family residential stricture, and the following statement: You are hereby notified that the license f )i- this structure has been revoked or denied, or the rental structure is operating irithout a license. No existing rental agreement or lease shall be reneired and no neir rental agreement or lease shall be entered into frith respect to any rental unit located irithin this building. SECTION 11: Section 23.1821, "Violations, Notice Of Court Proceeding, of Article XVIII, Residential Landlord and Tenant Regulations, of Chapter 23 of the Village Code, shall be deleted in its entirety and replaced with the following: Section 23.1821, Violations, Compliance Notice, Citations. A. The following shall constitute violations of this article: 1. Violations of the landlord- tenant provisions in Sections 23.1804 through 23.1811 of this article. 2. Violations of the licensing requirements in subsection 23.1815 of this article. 3. Failure of the owners of the rental property to maintain the stricture and premises in compliance with applicable Village regulations. 4. Removal or defacement of any notice which has been posted pursuant to this article. B. Before filing a complaint in court with respect to a violation of this article, the code official may deliver or mail a violation notice to the landlord or property manager requesting compliance, or, in the event that a tenant or lessee has committed a violation, such notice shall be personally delivered or mailed to the tenant or lessee. C. The code official has authority to issue citations to any persons who violate the provisions of this article. In the event that this article is enforced through the administrative adjudication system, the provisions for service and notice contained in chapter 8, article XXI of this code shall govern. SECTION 12: Section 23. 1822, "Penalties ", of Article XVIII, Residential Landlord and Tenant Regulations, of Chapter 23 of the Village Code, shall be amended by inserting a new Subsection B, the remaining Subsections to be relettered alphabetically, to be and read as follows; 278659_1 9 B. In addition to any fines, fees, or costs, the Village may seek a permanent or temporary injunction, restraining order, the appointment of a receiver or such other legal or equitable remedies as may be available. SECTION 13: 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 , 2011. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk 278659_1 10 Village of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM 1 11 TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: FINANCE DIRECTOR DATE: DECEMBER 15, 2011 SUBJECT: 2011 BUDGET AMENDMENT NO. 2 PURPOSE: Present a recommendation that the annual budget be amended for fiscal year beginning January 1, 2011 and ending December 31, 2011. BACKGROUND: Ordinance 5826, adopted December 21, 2010, established the annual budget for the year ending December 31, 2011. Ordinance 5852 adopted on April 19, 2011 provided for amendment #1 of the 2011 budget. DISCUSSION: Each year the Village prepares two separate amendments to the current year's budget. Amendment #1, prepared in Spring, amends the budget for carry -over items from the prior year's budget. These are typically construction or other contractual service type projects that are started in the previous year but not completed. Amendment #2, prepared in November or December, amends the budget to account for material variations in revenues and expenditures. Many times these are the result of fluctuations in the economy affecting revenues (either positively or negatively) or extraordinary or unanticipated charges for expenditures that occurred during the year. This is a necessary housekeeping process to comply with the Budget Officer Act. A proposed ordinance amending the 2011 annual budget is attached for the Board's consideration. In total, this amendment increases revenue projections by $1,346,100 and increases the budget for expenditures by $3,133,102. Adjustments to the budget impacting revenues are made up of various adjustments to tax, fee and other intergovernmental revenue accounts, grant receipts, investment income and other reimbursements. Adjustments to the budget impacting expenditures are made up of adjustments to personal service, employee benefit, contractual, capital equipment, debt service and pension accounts. The number of budget adjustments is higher than typical due to the creation of two new cost centers in police and one cross - departmental (storm event tracking) and the reallocation of public works salaries. The first two new cost centers support Technical Services and Auxiliary Services operations for the Police Department. Monies moved into these new cost centers are to come from other accounts in the Police budget. The third cost center was created to account for expenses related to significant storm events. The new cost center in 2011 relates to the June storm event. 2011 Budget Amendment No. 2 December 15, 2011 Page 2 The reallocation of the salaries of the Public Works maintenance workers was done as part of the implementation of the HR /Payroll module of the ERP system. The changes made to the allocation will provide for an easier and more accurate reporting of payroll related expenses. RECOMMENDATION: It is recommended the Village Board adopt the proposed budget amendment #2 for the 2011 annual budget. David O. Erb Finance Director Copy: Finance Commission Department Directors DOE/ I: \Budget 2011\Amendments \Board Memo Amendment #2 -December 2011.docx ORDINANCE NO. AN ORDINANCE MAKING CERTAIN AMENDMENTS TO THE ANNUAL BUDGET ADOPTED FOR THE FISCAL YEAR COMMENCING JANUARY 1, 2011 AND ENDING DECEMBER 31, 2011 PASSED AND APPROVED BY THE PRESIDENT AND BOARD OF TRUSTEES the day of 1 2011 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois the _ day of , 2011. ORDINANCE NO. AN ORDINANCE MAKING CERTAIN AMENDMENTS TO THE ANNUAL BUDGET ADOPTED FOR THE FISCAL YEAR COMMENCING JANUARY 1, 2011 AND ENDING DECEMBER 31, 2011 WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have passed and approved Ordinance No. 2342 which sets the finances of the Village under the "Budget Officer System "; and WHEREAS, pursuant to the aforesaid Ordinance and the Statutes of the State of Illinois an annual budget for the fiscal year commencing January 1, 2011 and ending December 31, 2011 was adopted through the passage of Ordinance No. 5826 approved by the Corporate Authorities of the Village of Mount Prospect on December 21, 2010; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have passed and approved Ordinance No. 5852 on April 19, 2011, amending the annual budget for the fiscal year commencing January 1, 2011 and ending December 31, 2011; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have further reviewed certain additions and changes to the aforesaid budget for the fiscal year beginning January 1, 2011 and ending December 31, 2011; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect believe the changes, as specified on the attached January 1, 2011 through December 31, 2011 Budget Amendment No. 2 to be in the best interest of the Village of Mount Prospect; and WHEREAS, the Village has now revised the revenue projections or has reserves in each of the Funds in which the budget is being increased adequate in amount to cover the budget changes reflected in Budget Amendment No. 2, attached hereto. NOW THEREFORE 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 POWERS: SECTION ONE That the fiscal year budget for January 1, 2011 through December 31, 2011 for the Village of Mount Prospect is hereby amended, as detailed on Budget Amendment No. 2 attached hereto. VILLAGE OF MOUNT PROSPECT Budget Amendment No. 2 Fiscal Year January 1, 2011 through December 31, 2011 Revenues Original Amended Revenue Increase Revenue Fund /Program /Classification Account# Account Description Estimate (Decrease) Estimate General Fund (001) Property Taxes 400.002 Property Taxes - Prior 10 „000 30,000 40,000 Property Taxes 400.004 Property Taxes - Prior Police 5 „000 45,000 50,000 Property Taxes 400.006 Property Taxes - Prior Fire 5 „000 35,000 40,000 Property Taxes 400.010 Property Taxes - R &B PY 500 14,500 15,000 Property Taxes 400.011 Property Tax Increment CY 0 38,600 38,600 Property Taxes 400.012 Property Tax Increment PY 0 68,900 68,900 Other Taxes 401.001 Electric Tax 1,111,000 39,000 1,150,000 Other Taxes 401.003 Gas Tax 605,000 (115,000) 490,000 Other Taxes 401.004 Telecommunications Tax 2,890,000 (240,000) 2,650,000 Other Taxes 402.003 Food & Beverage Tax 765 „000 35,000 800,000 Other Taxes 402.005 Hotel /Motel Tax 30,000 75,000 105,000 Other Taxes 402.007 Real Estate Transfer Tax 500,000 (150,000) 350,000 Other Taxes 403.003 Home Rule Sales Tax- 3rd 1,111,000 89,000 1,200,000 Other Taxes 404.001 Franchise Fee - Comcast 460,000 10,000 470,000 Other Taxes 404.002 Franchise Fee - WOW 100,000 (5,000) 95,000 Other Taxes 404.003 Franchise Fee - AT &T 15,000 5,000 20,000 License, Permits and Fees 409.002 Business Licenses 160,000 (15,000) 145,000 License, Permits and Fees 410.001 Building Permits 500,000 70,000 570,000 License, Permits and Fees 410.003 Electrical Permits 41,000 (33,000) 8,000 License, Permits and Fees 410.004 Landlord/Tenant Permits 255,000 15,000 270,000 License, Permits and Fees 410.005 Plumbing Permits 42,000 (16,000) 26,000 License, Permits and Fees 410.008 Vehicle Licenses 1,405,000 (30,000) 1,375,000 Intergovernmental Revenue 415.004 Sales Taxes 10,229,000 421,000 10,650,000 Intergovernmental Revenue 415.005 Use Tax 700,000 150,000 850,000 Intergovernmental Revenue 416.001 PP Replacement Tax 275,000 33,000 308,000 Intergovernmental Revenue 418.001 Body Armor Grant 5,000 4,500 9,500 Intergovernmental Revenue 418.003 FEMA Grant 0 143,000 143,000 Intergovernmental Revenue 419.005 IHDA Grant 20,000 (9,000) 11,000 Intergovernmental Revenue 420.003 Other Grants 50,000 60,000 110,000 Charges for Services 449.006 Storm water Detention Fee 0 2,200 2,200 Charges for Services 449.007 Street Opening Fee 2,000 1,000 3,000 Charges for Services 449.009 Vacant Structure Registration 0 3,500 3,500 Charges for Services 449.012 ZBA Hearing Fees 5,000 7,500 12,500 Fines & Forfeits 453.008 Forfeited Escrow Funds 20,000 44,000 64,000 Fines & Forfeits 453.009 Local Ordinance Fines 5,000 8,000 13,000 Fines & Forfeits 453.011 Parking Fines 275,000 (45,000) 230,000 Fines & Forfeits 453.012 Permit Penalties 5,000 (2,000) 3,000 Investment Income 456.001 Interest Income 60,500 (51,500) 9,000 Investment Income 457.001 Interest Income - Escrow 10,000 (8,500) 1,500 Investment Income 458.001 Bank Account Interest 25,000 (12,000) 13,000 Investment Income 459.001 IMET MV Adjustment 2,000 (1,900) 100 Reimbursements 473.005 Library Contributions 24,000 (24,000) 0 Reimbursements 473.006 Other Reimbursements 30,000 (23,000) 7,000 Reimbursements 473.008 Property Damage Reimb. 30,000 (5,000) 25,000 Reimbursements 473.011 Sidewalk - Shared Cost 20,000 (19,000) 1,000 Reimbursements 473.012 Tree Replacement 30,000 (15,000) 15,000 Other Revenue 479.005 Miscellaneous Income 75,000 45,000 120,000 Other Revenue 492.001 Sale of Property 2,000 (1,000) 1,000 Other Revenue 495.001 Celestial Celebrations 30,000 (10,000) 20,000 VILLAGE OF MOUNT PROSPECT Budget Amendment No. 2 Fiscal Year January 1, 2011 through December 31, 2011 Revenues 2 Original Amended Revenue Increase Revenue Fund/Program/Classification Account# Account Description Estimate Decrease Estimate General Fund (cont.) (001.10.12.00.0.000) Other Revenue 476.005 Sister City Events 2,000 1,000 3,000 (001.20.26.00.0.000) Charges for Service 442.002 Programming Fees - MPPD 20,000 (12,000) 8 „000 Charges for Service 442.007 Programming Fees - SD 59 2,500 (2,500) 0 Charges for Service 442.008 Experience MP Television 24,000 (24,000) 0 Charges for Service 443.001 Other Intergovernmental Prog. 1,200 (1,200) 0 (001.40.00.00.0.000) Fines and Forfeits 453.003 Code Enforcement Fines 10,000 21,000 31,000 (001.50.00.00.0.000) Reimbursements 473.003 Home Delivered Meals 42,700 (42,700) 0 Other Revenue 476.003 Human Services Revenue 17,300 (6,300) 11,000 Other Revenue 476.004 Human Services Youth Activ. 3,000 (3,000) 0 (001.50.54.00.0.000) Other Revenue 479.004 Community Connection Center 16,400 (14,900) 1,500 (001.60.00.00.0.000) Intergovernmental Revenue 418.001 Body Armor Grant 9,800 0 9,800 Fines & Forfeits 453.001 Circuit Court Fines 275,000 (60,000) 215,000 Fines & Forfeits 453.006 False Alarm Fees 10,000 (4,000) 6,000 Fines & Forfeits 453.007 Parental Responsibility 1,000 1,500 2,500 Reimbursements 473.002 HS Youth Officer 79,500 2,500 82,000 Reimbursements 473.007 Police Training 20,000 (15,000) 5,000 (001.60.61.00.0.000) Charges for Service 444.001 Special Detail Revenue 1,000 29,000 30,000 (001.70.00.00.0.000) Charges for Service 449.001 Ambulance Transport Fee 750,000 (25,000) 725,000 Reimbursements 473.001 Fire Training 6,000 5,000 11,000 Other Revenue 476.002 Training Revenue 25,000 (19,000) 6,000 (001.80.00.00.0.000) 0 Other Revenue 477.006 Public Works Donations 1,600 1,900 3,500 23,258,000 494,100 23,7!52,100 All other General Fund accounts 17 ,342,430 Total General Fund ,600,430 494,1 0 41 9�4 „530 „530 Debt Service Fund (002.00.00.00.2.605) Other Financing Sources 487.001 Transfer In 0 9,500 9,500 (002.00.00.00.2.606) Other Financing Sources 487.001 Transfer In 0 70,700 70,700 0 80,200 80,200 All other Debt Service Fund accounts 2,,485,758 0 2,485,758 Total Debt Service Fund 2,485,758 80,200 2,565,958 2 i 0 Revenues FundlPro ramlClassifica'tion Capital Improvement Fund (020) Intergovernmental Investment Income Other Revenue G G G VILLAGE OF MOUNT PROSPECT Budget Amendment No. 2 Fiscal Year January 1, 2011 through December 31, 2011 Account # 418.008 456.001 477.001 All other Capital Improvement Fund accounts Total Capital Improvement Fund Downtown Redevelopment Fund (022) Property Taxes Investment Income 400.002 456.001 All other Downtown Redevelopment Fund accounts Total Downtown Redevelopment Fund Street Improvement Construction Fund (023) Intergovernmental 402.006 Other Revenue 479.005 All other Street Improvement Construction Fund accounts Total Street Improvement Construction Fund Flood Control Construction Fund (024) Charges for Service 449.006 All other Flood Control Construction Fund accounts Total Flood Control Construction Fund Motor Fuel Tax Fund (041) Intergovernmental Revenues Reimbursements All other Motor Fuel Tax Fund accounts Total Motor Fuel Tax Fund Asset Seizure Fund (043.60.61.00.0.000) Fines & Forfeits All other Asset Seizure Fund accounts Total Asset Seizure Fund 415.003 State Motor Fuel Tax 1,432,500 Original 1,625,000 Amended (35,000) Revenue Increase Revenue AccountlDescri-tion Estimate (Decrease) Estimate 1,485,700 157,500 1,643,200 EECBG Grant 100,000 200,000 300,000 Interest Income 5,000 (5,000) 0 Developer Donations 5,000 20,000 25,000 110,000 215,000 325,000 1,011,000 0 1,011,000 1,121,000 215,000 1,336,000 Property Taxes - Prior 0 250,000 250,000 Interest Income 2,,500 (2,500) 0 2,500 247,500 250,000 2,665,000 0 2,665,000 „000 2,667,500 247,500 22 Municipal Motor Fuel Tax 260,000 25,000 285,000 Miscellaneous Income 0 5,000 5,000 260,000 30,000 290,000 1,1'12,000 0 1,112, 000 1 „372,000 30,000 1,402,000 Storm water Detention Fee 50,000 (40,000) 10,000 50,000 (40,000) 10,000 486,079 0 486,079 536,079 (40,000y 496,079 All other Downtown Redevelopment Fund accounts Total Downtown Redevelopment Fund Street Improvement Construction Fund (023) Intergovernmental 402.006 Other Revenue 479.005 All other Street Improvement Construction Fund accounts Total Street Improvement Construction Fund Flood Control Construction Fund (024) Charges for Service 449.006 All other Flood Control Construction Fund accounts Total Flood Control Construction Fund Motor Fuel Tax Fund (041) Intergovernmental Revenues Reimbursements All other Motor Fuel Tax Fund accounts Total Motor Fuel Tax Fund Asset Seizure Fund (043.60.61.00.0.000) Fines & Forfeits All other Asset Seizure Fund accounts Total Asset Seizure Fund 415.003 State Motor Fuel Tax 1,432,500 192,500 1,625,000 473.004 MFT Project Reimbursements 40,000 (35,000) 5,000 1,472,500 157,500 1,630,000 13,200 0 13 „200 1,485,700 157,500 1,643,200 453.013 Seized Assets 1,000 4,000 5,000 1,000 4 „000 5,000 0 2,500 3,500 4,000 G] Q VILLAGE OF MOUNT PROSPECT Budget Amendment No. 2 Fiscal Year January 1, 2011 through December 31, 2011 Revenues 4 Original Amended Revenue Increase Revenue Fund /Pro ramfClassification Account # Account Description Estimate Decreased Estimate DUI Fine Fund (045.60.61.00.0.000) Fines & Forfeits 453.005 DUI Fines 1,000 11,500 12,500 1,000 11,500 12,500 All other DUI Fine Fund accounts 500 0 500 Total DUI Fine Fund 1,500 11,500 13,000 Foreign Fire Tax Board Fund (046) Other Taxes 402.004 Foreign Fire Insurance Tax 44,000 21,000 65,000 44,000 21,000 65,000 All other Foreign Fire Tax Board Fund accounts 500 0 500 Total Foreign Fire Tax Board Fund 44,500 21,000 65,500 Business District Fund (048.00.00.00.0.775) Other Taxes 402.008 Movie Theatre Tax 0 75,000 75,000 0 75,000 75,000 All other Business District Fund accounts 0 0 _ 0 Total Business District Tax Fund 0 75,000 75,000 Water and Sewer Fund (050) Other Revenue 479.005 Miscellaneous Income 20,000 15,000 35,000 (050.80.84.87.0.000) Charges for Service 446.005 Water Tap Fees 10,000 5,000 15,000 30,000 20,000 50,000 All other Water and Sewer Fund accounts 10,828,000 0 10,828,000 Total Water and Sewer Fund 10,858,000 20,000 10,878,000 Village Parking System Fund (051) Charges for Service 448.001 Parking Fees - Maple Street 95,000 5,000 100,000 95,000 5,000 100,000 All other Village Parking System Fund accounts 55 800 0 55,800 Total Village Parking System Fund 1 50 8 00 5,000 155 800 Vehicle Replacement Fund (061) Investment Income 456.001 Interest Income 10,000 (6,000) 4,000 Other Financing Sources 493.001 Gain /Loss on Sale of Assets 50,000 28,000 78,000 60,000 22,000 82,000 All other Vehicle Replacement Fund accounts 723,600 0 723,600 Total Vehicle Replacement Fund 783,600 22,000 805,600 4 R Fund/Program/Classification Computer Replacement Fund (062) Investment Income VILLAGE OF MOUNT PROSPECT Budget Amendment No. 2 Fiscal Year January 1, 2011 through December 31, 2011 Revenues Account # Original Amended Revenue Increase Revenue Account Description Estimate (Decrease) Estimate 456.001 Interest Income All other Computer Replacement Fund accounts Total Computer Replacement Fund Risk Management Fund (063) Charges for Service 441.010 Life Department Charges All other Risk Management Fund accounts Total Risk Management Fund Total Estimated Revenues Funds being changed All other Village Budget accounts Total Estimated Revenues After Changes 5,000 (4,500) 500 5,000 (4,500) 500 231,921 0 231,921 236,921 4( 500) 232,421 18,200 7,800 26,000 18,200 7,800 26,000 6,525,524 0 6,525,524 6,543,724 7,800 6,551,524 68,891,012 1,346,100 70,237,112 17,610,453 0 17,610,453 86,501 1,346,100 67,847,565 5 • VILLAGE OF MOUNT PROSPECT Budget Amendment No. 2 Fiscal Year January 1, 2011 through December 31, 2011 Expenditures 11 Current Amended Budget Increase Budget Fund/Program/Classification Account # Account Description Amount (Decrease) Amount General Fund (001.10.11.00.0.001) Community Groups Contractual Services 579.001 Celestial Celebrations 36,000 (4,000) 32,000 Contractual Services 579.002 Do- it- yourself Sousa 1,000 1,000 Contractual Services 579.004 Family Bike Ride 2,500 2,500 Contractual Services 579.004 Special Events Expenses 500 500 (001.10.11.00.8.400) Civic Events Personal Services 500.001 Full -Time Earnings 80,000 80,000 Personal Services 503.001 Overtime 94,169 (52,169) 42,000 Employee Benefits 510.001 Medical Insurance 5,000 5,000 Employee Benefits 511.001 Social Security 598 4,402 5,000 Other Employee Costs 513 „001 Sick Leave Incentive 500 500 Other Employee Costs 513.002 Vac /Personal Leave Incentive 1,100 1,100 Other Employee Costs 513.005 Insurance: Opt Out 100 100 (001.20.21.00.0.000 Village Manager's Office Employee Benefits 513.002 Vac /Personal Leave Incentive 8,500 2,000 10,500 (001.20.21.00.0.050) Legal Services Contractual Services 530.006 Other Professional Services 1,500 1,500 3,000 Contractual Services 531.002 Legal - Special Counsel 30,000 4,000 34,000 (001.20.22.00.0.000) Village Clerk's Office Personal Services 502.001 Seasonal Earnings 5,000 5,000 Employee Benefits 513.002 Vacation /Personal Leave Incentive 3,000 1,750 4,750 Contractual Services Recording Expense 3,185 1,315 4,500 Contractual Services 551.001 Copier Lease Payment 7,700 4,300 12,000 (001.20.23.00.0.000) Human Resources Personal Services 502.001 Seasonal Earnings - 12,000 12,000 Contractual Services 520.001 Medical Examinations 2,500 1,500 4,000 Contractual Services 546.002 Personnel Recruitment 3,200 3,500 6,700 (001.20.24.00.0.000) Information Technology Employee Benefits 513.001 Sick Leave Incentive 3,750 3,750 Employee Benefits 513.002 Vacation /Personal Leave Incentive 2 1,500 4,000 (001.20.26.00.0.000) Television Services Personal Services 503.001 Overtime 3,243 1,257 4,500 Employee Benefits 513.002 Vacation /Personal Leave Incentive 1,500 3,500 5,000 (001.30.01.00.0.000) Finance Administration Employee Benefits 513.002 Vacation /Personal Leave Incentive 17,500 17,500 Contractual Services 530.006 Other Professional Services 14,650 9,350 24,000 Insurance 596.001 Liability Premiums 226,077 (18,500) 207,577 (001.30.01.00.0.100) Insurance Programs Employee Benefits 510.001 Medical Insurance 18,200 6,800 25,000 (001.30.31.00.0,100) Accounting Employee Benefits 510.001 Medical Insurance 46,986 5,014 52,000 (001.30.32.00.0.000) Finance Customer Service Employee Benefits 513.002 Vacation /Personal Leave Incentive 1,000 1,000 (001.40.01.00.0.000) Community Development Administration Employee Benefits 510.001 Medical Insurance 11,175 5,825 17,000 (001.40.01.00.0.150) Community Development Economic Development Employee Benefits 510.001 Medical Insurance 3,725 2,275 6,000 (001.40.42.00.0.000) Community Development Building Contractual Services 560.001 Technical Services 173,442 60,000 233,442 (001.40.43.41.0.000) Community Development Housing Inspections Employee Benefits 510.001 Medical Insurance 70,177 9,823 80,000 Contractual Services 530.006 Other Professional Services 10,706 4,100 14,806 11 Fund /Program /Classification in VILLAGE OF MOUNT PROSPECT Budget Amendment No. 2 Fiscal Year January 1, 2011 through December 31, 2011 Expenditures Current Amended Budget Increase Budget Account # Account D2s Lion Amount (Decrease) Amount General Fund (cont.) (001.50.01.00.0.000) Human Services Administration Personal Services 502.001 Seasonal Earnings 1,500 1,500 Employee Benefits 513.001 Sick Leave Incentive - 10,500 10,500 (001.50.51.00.0.000) Human Services Social Services Employee Benefits 510.001 Medical Insurance 34,679 3,321 38,000 Employee Benefits 513.002 Vacation /Personal Leave Incentive 1,800 1,800 (001.50.52.00.0.000) Human Services Nursing /Health Employee Benefits 510.001 Medical Insurance 17,676 7,324 25,000 Contractual Services 573.001 Home Delivered Meals 40,000 (40,000) - Contractual Services 573.002 Mileage Reimbursement 2,700 (2,700) - (001.50.53.00.0.000) Human Services Senior Activities Contractual Services 573.005 Senior Taxi Program 5,000 (4,900) 100 (001.50.54.00.0.000) Human Services Community Connection Center Building Improvements 651.001 Other Public Buildings - 1,200 1,200 (001.60.01.00.0.000) Police Administration Personal Services 500.001 Full -Time Earnings 979,519 (175,000) 804,519 Personal Services 503.001 Overtime 5,084 1,916 7,000 Employee Benefits 512.002 Pension Contributions 2,472,000 81,000 2,553,000 (001.60.01.62.0.000) Police Technical Services Personal Services 500.001 Full Time Earnings 92,000 92,000 Personal Services 503.001 Overtime 1,000 1,000 Personal Services 504.001 Specialty Pay 1,500 1,500 Personal Services 505.001 Holiday pay - 3,000 3,000 Personal Services 506.001 Longevity Pay 600 600 Employee Benefits 510.001 Medical Insurance 20,000 20,000 Employee Benefits 511.001 Social Security 2,000 2,000 Employee Benefits 511.002 Medicare - 1,500 1,500 Employee Benefits 512.001 IMRF Pension Expense - 4,000 4,000 Employee Benefits 513.002 Vacation /Personal Leave Incentive 5,500 5,500 (001.60.01.63.0.000) Police Auxiliary Services Personal Services 500.001 Full Time Earnings 50,000 50,000 Personal Services 503.001 Overtime 1,000 1,000 Personal Services 504.001 Specialty Pay 3,000 3,000 Personal Services 505.001 Holiday pay 2,000 2,000 Personal Services 506.001 Longevity Pay 700 700 Employee Benefits 510.001 Medical Insurance 11,000 11,000 Employee Benefits 511.001 Social Security 1,000 1,000 Employee Benefits 511.002 Medicare - 1,500 1,500 (001.60.61.64.0.000) Police Crime Prevention Contractual Services 551.001 Copier Lease Payment 7,000 7,000 (001.60.61.65.0.000) Police Crime Patrol & Traffic Personal Services 500.001 Full Time Earnings 5,827,623 (227,623) 5,600,000 Personal Services 503.001 Overtime 365,396 (175,000) 190,396 Personal Services 504.001 Specialty Pay 167,178 22,822 190,000 Employee Benefits 510.001 Medical Insurance 1,041,192 (100,000) 941,192 Employee Benefits 513.001 Sick Leave Incentive 25,000 6,000 31,000 Employee Benefits 513.002 Vacation /Personal Leave Incentive 28,500 28,500 (001.60.61.66.0.000) Police Investigative Personal Services 500.001 Full Time Earnings 927,848 327,152 1,255,000 Personal Services 504.001 Specialty Pay 29,681 16,319 46,000 Personal Services 505.001 Holiday pay 34,066 7,934 42,000 Employee Benefits 510.001 Medical Insurance 159,051 20,949 180,000 Employee Benefits 511.001 Social Security 14,034 5,966 20,000 Employee Benefits 513.001 Sick Leave Incentive - 4,700 4,700 Employee Benefits 513.002 Vacation /Personal Leave Incentive 7,410 3,090 10,500 Contractual Services 530.006 Other Professional Services 3,000 2,000 5,000 Contractual Services 551.001 Copier Lease Payment 2,100 2,400 4,500 7 VILLAGE mr MOUNT PROSPECT Budget Amendment No. o Fiscal Year January 1.uo11 through December o1.on11 Expenditures Current Amended Budget |nomaoo ouuoo F u/P /C|uosmuoxon Account# Amouvnt - (Decrease)_ __@mo£nt_- (oot»0.01.mt0.000) Fire Administration n»1o� e000 70000 Employee Benefits 510.001 Medical insurance . . . emp|myaoBenm#� 512'0$3 Pension Contributions u.1*o.001 a7.400 u.u1u.4o1 Employee Benefits 5,13.001 Sick Leave Incentive 20,000 14.000 a*.000 Employee Benefits 513,002 Vacation/Personal Leave incentive 5,000 10.000 15.000 Contractual Services 551'001 Copier Lease Payment 4.400 6,600 11.000 mn/.nur/.ouuomV Fire Operations o. 7o1 u1 ono »o. o»» Personal Services on4001 Employee Benefits 510o01 epoo|o|�Poy Medical Insurance 788.931 . 46.069 835,000 (no'.ro.r/.nuuomVFimmpmau^«a'po«dm»ou« Personal Services vo��vv/ 000»vna|saminno c*uon . (�» . ««») 11.000 Personal Services 503.001 Overtime ' 8,000 8,000 (0w/.muntmuunn0) Public Works Streets Personal Services 500.001 runTime Eummos onn*o . �n400 . om»»» . Personal Services 502,001 Seasonal Earnings 5.001 4.999 10.000 Personal Services 503.001 Overtime 44.525 (14.525) 30,000 Employee Benefits 513.002 Vacation/Personal Leave Incentive - 1.200 1.200 (nu/.mun,.ouunoV Public Works State Highway Maintenance Personal Services 503.001 Overtime o.VoO �.1oo o.Oon (0mY.euotoo.o.on2) Public Works Traffic Sign Maintenance Personal Services 500,001 FuUTime Eamingv Or.017 (�o.e17) n1.000 Personal Services 503.001 Overtime �1.u �o.ro7 on.000 Employee Benefits 513.001 Sick Leave Incentive - 1.200 1.uoo Employee Benefits 513.002 vaoounn/Po�ono|Leave |noonnvo - 2,300 u.aoo /noteu.u/.wuuuwN Public Works Snow Removal Personal Services 500.001 runTime sominna 1oo.os1 �uo.n4o uoo.000 Personal Services 503.001 Overtime (uso.004) ou.uoo Employee Benefits 510.001 Medical Insurance 9,410 n.410 11.00O �1.000 Employee Benefits 511.001 Social Security r.800 1u.1ou 1o.o0o Employee Benefits o1o�oo1 m �|c��wywmmpamuvo - 7oo 7nu Employee Benefits 513.002 vacation/Personal Leave Incentive - 2,600 2,600 (wo1,uun1.82.o.0m0) Public Works Buildings Pe rson a l oo1 FuoT|mosominov ona.41c (35.412) u»r --'-' Personal Services 503.001 Overtime _ 4no10 ooro1 . r�000 . Employee Benefits 510.001 ���|n��� ��n 7,423 55,000 Employee Benefits Sick ckLmmvemumn�e - 7oO 7oo Employee Benefits 513.002 vaxa�om/Pw�umaY Leave |noenUw: - 1.400 1.*oo Other Employee Costs 513.005 Insurance o�Out - noo 000 (001.e0.82.83.0.000) Public Works Forestry Pomnna/aom'oo, ov u� no1 runTimoso,nmn» u7oo�7 . (»»*17) . uu« Personal Services 503.001 Overtime u000n . o*�oo . ssoon . Employee Benefits 510.001 Meu'omI|mmunmnue uo.7uo n.u7n no.000 Employee Benefits o13�oo1 �m �:��LmaveV"m�n0va - 1.1oo �.1oo Employee Benefits 513.002 vmuammm�e�ana\Leave muenovn ' �.00n 1.Ooo ovntcma|Gomi*:s o7n�Oos � T� Removal S7.nn* 4o.000 1or.00n contmuo|a��i000 n7o�oor � ammpno�uva| 7o.no� uo.000 no.no� (0o/.uo.eu.84.uoo0) Public Works Grounds Personal Services 50 n� oo1 FunTima�ommoo u1oo7e . (11»7») . »»».»«» Personal Services 502.001 Seasonal Earnings o4000 . z0001 . 00000 . Personal Services 503.001 Overtime un. u1.44n �u.000 (no/.oue».o*.uunM Public Works Public Grounds Beautification Personal Services 500.001 punT|mnEaminnv �400u . 4oeo . uouoo . Personal Services 503.001 Overtime �. r.ouo 8.000 • VILLAGE OF MOUNT PROSPECT Budget Amendment No. 2 Fiscal Year January 1, 2011 through December 31, 2011 Expenditures Fund /Program /Classification Account # Account Description (001.80.83.00.0.000) Public Works Engineering Increase Personal Services 502.001 Seasonal Earnings Personal Services 503.001 Overtime Employee Benefits 510.001 Medical Insurance Employee Benefits 513.001 Sick Leave Incentive Employee Benefits 513.002 Vacation /Personal Leave Incentive (001.80.83.86.0.357) Public Works Traffic control & Street Lighting Personal Services 500.001 Full Time Earnings Personal Services 503.001 Overtime Employee Benefits 510.001 Medical Insurance (001.89.69.00.8.800) 2011 June Storm Event Police (1,000) Personal Services 503.001 Overtime Employee Benefits 511.001 Social Security Employee Benefits 511.002 Medicare Commodities & Supplies 608.001 Other Supplies (001.89.79.00.8.800) 2011 June Storm Event Fire Personal Services 503.001 Overtime Employee Benefits 511.002 Medicare Commodities & Supplies 608.001 Other Supplies (001.89.89.00.8.800) 2011 June Storm Event Public Works Personal Services 502.001 Seasonal Earnings Personal Services 503.001 Overtime Employee Benefits 511.001 Social Security Employee Benefits 511.002 Medicare Employee Benefits 512.001 IMRF Pension Expense Contractual Services 547.001 Equipment Rental Contractual Services 574.012 Landscape & Fence Maintenance Contractual Services 574.020 Other Services Contractual Services 576.006 Tree Removal Contractual Services 576.007 Stump Removal Contractual Services 576.011 Tree Trimming Commodities & Supplies 608.001 Other Supplies All other General Fund accounts Total General Fund Debt Service (002.00.00.00.2.509) Interest Expense 690.007 Series 2003 Bond Interest (002.00.00.00.2.514) Bond Principal 685.027 Series 2011 B Bond Principal Interest Expense 690.027 Series 2011B Bond Interest All other Debt Service Fund accounts Total Debt Service Fund Current 1,031,430 Amended Budget Increase Budget Amount (Decrease) Amount 18,796 6,204 25,000 10,001 2,999 13,000 65,823 12,177 78,000 5,500 600 6,100 8,500 4,000 12,500 103,710 1,290 105,000 - 9,000 9,000 13,950 (1,000) 12,950 - 7,200 7,200 20 20 100 100 100 100 7,200 - 40 1,500 7,200 40 1,500 3,900 100,000 6,600 1,600 10,600 20,100 600 260,000 72,000 55,000 30,000 600 3,900 100,000 6,600 1,600 10,600 20,100 600 260,000 72,000 55,000 30,000 600 '18,082,199 1,031,430 19,113,629 22,862,348 - 22,862,348 40,944,547 7031,430 41 „976,977 363,508 (103,508) 260,000 - 65,000 65,000 44,067 44,067 363,508 5,559 369,067 2,053,040 2,053,040 2,416,548 5,559 2,422,107 9 Fund /Program /Classification Capital Improvement Fund (020.20.21.00.1.000) Contractual Services (020.70.90.00.0.709) Contractual Services (020.80.90.00.0.705) Contractual Services All other Capital Improvement Fund accounts Total Capital Improvement Fund VILLAGE OF MOUNT PROSPECT Budget Amendment No. 2 Fiscal Year January 1, 2011 through December 31, 2011 Expenditures 530.018 545.006 676.006 Downtown Redevelopment Construction (022.30.01.00.1.000) Contractual Services 564.001 Other Expenditures 636.011 Other Expenditures 637.001 Account Description EECBG Grant Sustainability EECBG - FS 14 Signage DCEO Grant - LED Streetlights Legal & Financing Costs Property Tax Expense Return of Increment Current 60,000 Amended Budget Increase Budget Amount (Decrease) Amount - 7,000 7,000 499,636 23,000 23,000 2,956,791 22,000 22 - 52,000 52,000 1,863,440 - 1,863,440 1 52 1,915,440 10,000 60,000 70,000 Other Equipment 1,000 15,400 15,400 2,447,155 1,290,843 3,737,998 2,457,155 1,366,243 3,823,398 499,636 - 499,636 2,956,791 1,366,243 4,323,034 200,000 75,000 275,000 200,000 75,000 275,000 946,302 - 946,302 1,146,302 75,000 1,22'1,302 180,000 86,570 266,570 180,000 86,570 266,570 275,219 275,219 455,219 86,570 541 1,000 10,000 11,000 1,000 10,000 11,000 2,500 - 2,500 3,500 10,000 13,500 All other Downtown Redevelopment Fund accounts Total Downtown Redevelopment Fund Motor Fuel Tax Fund (041.80.81.81.0.350) Street Maintenance Commodities & Supplies 624.009 Salt/Calcium Chloride All other Motor Fuel Tax Fund accounts Total Motor Fuel Tax Fund Community Development Block Grant (042.40.41.00.0.154) Other Expenditures 636.012 Single Family Rehab All other Community Development Block Grant Fund accounts Total Community Development Block Grant Fund Asset Seizure (043.60.61.66.0.000) Other Equipment 665.031 Other Equipment All other Asset Seizure Fund accounts Total Asset Seizure Fund DEA Shared Funds (044.60.61.00.0.000) Building Improvements 647.01 (044.60.61.65.0.000) Other Equipment 665.031 All other DEA Shared Funds Fund accounts Total DEA Shared Funds Fund FS 13 Safety Glass - 5,500 5,500 Other Equipment 1,000 5,100 6,100 1,000 10,600 11,600 1,000 1,000 2,000 10,600 12,600 10 VILLAGE OF MOUNT PROSPECT Budget Amendment No. 2 Fiscal Year January 1, 2011 through December 31, 2011 Expenditures Fund /Program /Classification Account # Account Description DUI Fine Fund (045.60.61.65.0.000) Other Equipment 665.031 Other Equipment All other DUI Fine Fund accounts Total DUI Fine Fund Water and Sewer (050.80.84.88.0.377) Water System Improvements Contractual Services 571.001 (050.80.90.00.0.707) Water System Improvements Contractual Services 671.001 All other Water and Sewer Fund accounts Total Water and Sewer Fund Risk Management (063.00.00.00.4.000) Insurance All other Risk Management Fund accounts Total Risk Management Fund Police Pension (070.00.00.00.3.000) Pension Benefits Pension Benefits All other Police Pension Fund accounts Total Police Pension Fund Fire Pension (071.00.00.00.3.000) Pension Benefits Pension Benefits All other Fire Pension Fund accounts Total Fire Pension Fund Total Village Budget Funds being changed All other Village Budget Accounts Total Village Budget after Changes Current 11,200 Amended Budget Increase Budget Amount (Decrease) Amount 1,500 18,000 19,500 1,500 18,000 19,500 1,500 18 19,500 Sewer Repair /Replacement 65,800 11,200 77,000 Tank Reapir /Renovation 1,032,500 81,000 1,113,500 1,098,300 92,200 1,190,500 12,077,872 - 12,077,872 13,176172 _ 92,200 13,268,372 Unemployment Claims 10,000 90,000 100,000 10,000 90,000 100,000 6,788,843 6,788,843 6,798,843 90,000 6,886,843 Disability Pensions 373,872 35,000 408,872 Surviving Spouse Pensions 270,797 41,500 312,297 644,669 76,500 721,169 2,932,441 2,932,441 3,577,110 76.500 3,653,610 Retirement Pensions 2,259,482 210,000 2,469,482 Surviving Spouse Pensions 201,912 9,000 210,912 2,461,394 219,000 2,680,394 807,679 _ 807,679 3,269,073 219,000 3,488,073 76,611,045 3,133,102 79,744,147 10,850,098 - 10,850,098 87,461,143 3,133,102 90,594 245_ 600.004 528.002 528.003 528.001 528.003 El SECTION TWO: That this ordinance shall be in Rill force and effect from and after its passage, approval and publication in parnphlet form as provided by law. AYES: 12mi PASSED and APPROVED this day ref_........ , 2011. Irvana K. Wilks Mayor ATTEST M. Lisa Angell Village Clerk