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Home My WebLink About6. New Business 07/17/2012LAW OFFICES OF GIERUM &MANTAS 9700 WEST HIGGINS ROAD SUITE 1015 ROSEMONT, ILLINOIS 60018 847.318.9130 JOHN E. GIERUM FACSIMILE 847.318.9140 a mail: billfgierummantas.com WILLIAM J. MANTAS WRITER'S EXT. NO.2 June 29, 2012 Mr. Bill Cooney Director of Community Development VILLAGE OF MOUNT PROSPECT 50 South Emerson Street Mount Prospect, IL 60056 RE: PZ -11- 1211738 E. Kensington/ Conditional Use (Children's Daycare Center) Dear Mr. Cooney: Please be advised that this office represents Sam Markos and ENK Brentwood, LLC in connection with the above referenced matter, which is scheduled for a first reading at the Village Board Meeting on July 17, 2012. The purpose of this letter is to request a waiver of the second reading tentatively scheduled for August 7, 2012 and that final action be taken on July 17, 2012. Mr. Markos would like to begin construction of the expansion of the daycare center as soon as possible. Your consideration of this request is greatly appreciated. Should you require any additional information or wish to discuss this matter, please feel free to contact the undersigned. Sincerely, L��'u William J. Mantas WJM/kbc cc: Mr. Sam Markos, ENK Brentwood, LLC Ms. Consuelo Andrade, Senior Planner, Village of Mount Prospect , Village of Mount Prospect Community Development Department MEMORANDUM TO: MICHAEL E. JANONIIS, VILLAGE MANAGER DATE: JULY 2, 2012 SUBJECT: P2 -1 -1 / 1738 E. KENSINGTON ROAD / CONDITIONAL USE (CHILDREN'S DAYCARE) / ENK BRENTWOOD, LLC The Petitioner seeks approval of a Conditional Use to expand a children's daycare center by 4,000 square feet. The existing daycare center consists of two (2) offices, a kitchen, and seven (7) classrooms. The expansion would include six (6) additional classrooms for infants and toddlers. The expansion would take place in the adjacent vacant space formerly occupied by a restaurant. A Conditional Use for the existing daycare center was approved in December 6, 1994 (Ord. No. 4684). The Village Code requires a new Conditional Use permit when there is any modification or intensification of a Conditional Use, which alters the essential character or operation of the use in a way not intended at the time the Conditional Use was granted. Since the Petitioner would like to expand the children's daycare center from 7,900 to 11,900 square feet, a new Conditional Use is required. Based on the existing businesses and the proposed daycare expansion, the shopping center requires two hundred and seven (207) parking spaces. The Plat of Survey indicates the Subject Property provides two hundred eleven (21 parking spaces, which provides a surplus of four (4) parking spaces. The Planning & Zoning Commission conducted a public hearing to review the request on Thursday, June 28, 2012, and by a vote of 7-0, recommended approval of a Conditional Use for a children's daycare center at 1738 E. Kensington Road, Case No. PZ-1 1-1 subject to the conditions of approval listed in the staff report. 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 July 17, 2012 meeting. Staff will be present to answer any questions related to this matter. Wiliiam JlCooney, J t1i AICP h \Ph�WPL 1 204 ho�q .� 11 - 4 7 M , k aay,w0j d— MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ -11 -12 PROPERTY ADDRESS: PETITIONER. PUBLICATION DATE: PIN NUMBER: REQUEST: MEMBERS PRESENT: MEMBERS ABSENT: STAFF MEMBERS PRESENT: INTERESTED PARTIES: Hearing Date: June 28, 2012 1738 E. Kensington Road ENK Brentwood, LLC June 13, 2012 03 -25 -311- 038 -0000 Conditional Use for a Children's Daycare Center Richard Rogers, Chair William: Beattie Joseph Donnelly Tom Fitzgerald Leo Floros Jacqueline Hinaber Keith Youngquist None Consuelo Andrade, Senior Planner Brian Simmons, Deputy Director of Community Development William J. Mantas, Sam Markos Chairman Rogers called the meeting to order at 7:31 p.m. Mr. Youngquist made a motion, seconded by Mr. Donnelly to approve the minutes of the May 24, 2012 Planning & Zoning Commission meeting; the minutes were approved 5-0 with Mr. Donnelly and Mr. Fitzgerald abstaining. Chairman Rogers introduced Case PZ- I1 -12, 1738 E. Kensington Road at 7:32 p.m. Ms. Andrade stated the Petitioner for PZ -11 -12 was seeking Conditional Use approval to expand a children's daycare center at 1738 E. Kensington Road. Ms. Andrade said the Subject Property is located at the northeast corner of Kensington and Wolf Road and consists of a shopping center with related improvements. The shopping center currently includes a 7,900 square foot children's daycare center, Safari Childcare. Ms. Andrade stated per the Petitioner's floor plan, the existing daycare center consists of two (2) offices, a kitchen, and seven (7) classrooms. The daycare center would like to expand the facility by 4,000 square feet to include six (6) additional classrooms for infants and toddlers. The expansion would take place in the adjacent vacant space formerly occupied by a restaurant. Ms. Andrade referenced the following table: Name of Business Area # of # of 'Seats I Parking Requirement Required (sq.ft.) Employees Clients Parking Photos 4,000 14 I00 1 space for each 3 seats + 1 per employee 47 Bruce Jones Taekwondo L 1,200 1 12 2 spaces per 3 employees + 1 per 13 Richard Rogers, Chair PZ -I 1 -12 PIanning & Zoning Commission Meeting June 28, 2012 Page I of 4 Ms. Andrade said the table summarized the parking requirements for the shopping center based on the land uses. Including the proposed daycare expansion, the shopping center requires 207 parking spaces. The Subject Property met the required parking by providing 211 parking spaces. Ms. Andrade stated the standards for Conditional Uses are listed in the Zoning Ordinance and include specific findings that must be made in order to approve a Conditional Use. The summary of 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 adequate provision for utilities, drainage, and design of access and egress to minimize congestion on Village streets are provided. Ms. Andrade said Staff reviewed the Petitioner's application and found the proposed children's daycare expansion would not have a detrimental impact or be injurious to other properties. The children's daycare is well established within the shopping center, which includes a mix of commercial land uses. The children's daycare center provides a service to the residential land uses located to the north and east of the Subject Property and elsewhere in the Village. The existing shopping center provides utilities, parking and access. The children's daycare facility is consistent with the Comprehensive's Plan designation as Neighborhood Commercial for the Subject Property. Ms. Andrade stated Staff found that the request for a Conditional Use to allow an 11,900 square foot children's daycare center met the standards for a Conditional Use as described in the Petitioner's responses to the Conditional Use standards and that granting such Conditional Use would be in the best interests of the Village. Based on this analysis, Staff recommended that the Planning and Zoning Commission approve the motion listed in the Staff Report. Mr. Youngquist asked if all the children arrive at the daycare center via the front entrance. Ms. Andrade stated that it was Staff s understanding that only the primary front entrance was used. He then asked if there was a specific drop off area; Ms. Andrade responded there was not. Richard Rogers, Chair PZ -11 -12 Planning & Zoning Commission Meeting June 28, 2012 Page 2 of 4 maximum number of students P & H Liquors 1,200 4 per 1,000 square feet 5 SaIemos 2,800 10 40 1 space for each 3 seats + I per employee 23 Image Cleaners 1,440 4 per 1,000 square feet 6 Hair Bang 1,200 4 er 1,000 square feet 5 Subway 1,200 5 32 1 space for each 3 seats + 1 per employee 16 Red Tulip Spa 1,200 4 per 1,000 square feet 5 Any Nail Shop 1,200 - 4 per 1,000 square feet 5 Ropolfo Vega Vacuum Re air 1,200 4 per 1,000 square feet p q 5 Driving School 1,200 1 10 2 spaces per 3 emmployees + i per maximum number of students i 1 Safari Daycare 12,000 30 151 1 space per employee + 1 for each 10 licensed capacity slots 45 Mi Restaurant 1,200 11 30 I s ace for each 3 seats + 1 per employee 21 Total Parking Required 207 Parking Provided 211 Ms. Andrade said the table summarized the parking requirements for the shopping center based on the land uses. Including the proposed daycare expansion, the shopping center requires 207 parking spaces. The Subject Property met the required parking by providing 211 parking spaces. Ms. Andrade stated the standards for Conditional Uses are listed in the Zoning Ordinance and include specific findings that must be made in order to approve a Conditional Use. The summary of 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 adequate provision for utilities, drainage, and design of access and egress to minimize congestion on Village streets are provided. Ms. Andrade said Staff reviewed the Petitioner's application and found the proposed children's daycare expansion would not have a detrimental impact or be injurious to other properties. The children's daycare is well established within the shopping center, which includes a mix of commercial land uses. The children's daycare center provides a service to the residential land uses located to the north and east of the Subject Property and elsewhere in the Village. The existing shopping center provides utilities, parking and access. The children's daycare facility is consistent with the Comprehensive's Plan designation as Neighborhood Commercial for the Subject Property. Ms. Andrade stated Staff found that the request for a Conditional Use to allow an 11,900 square foot children's daycare center met the standards for a Conditional Use as described in the Petitioner's responses to the Conditional Use standards and that granting such Conditional Use would be in the best interests of the Village. Based on this analysis, Staff recommended that the Planning and Zoning Commission approve the motion listed in the Staff Report. Mr. Youngquist asked if all the children arrive at the daycare center via the front entrance. Ms. Andrade stated that it was Staff s understanding that only the primary front entrance was used. He then asked if there was a specific drop off area; Ms. Andrade responded there was not. Richard Rogers, Chair PZ -11 -12 Planning & Zoning Commission Meeting June 28, 2012 Page 2 of 4 Chairman Rogers swore in the Attorney for the Petitioner, William J. Mantas, 9700 W. Higgins, Rosemont, Illinois. Mr. Mantas introduced the Petitioner, the architect for the project, and representatives from Safari Childcare. Mr. Mantas believed that they met all the standards and felt that the childcare expansion was good for the shopping center. He also felt that the childcare center meets the demands of local_ residents. Mr. Mantas did not believe parking was an issue as the childcare center requires less parking than the previous restaurant that was located where the expansion would be taking place. There was additional discussion regarding dropping off and picking up children. Mr. Mantas confirmed that drop off and pick -up would be at the front door only. He said that the shopping center owner would be installing barricades in front of the classrooms that face the parking lot to prevent any potential situations. Mr. Beattie asked how many additional children would be at the daycare facility with the expansion. Mr. Mantas stated that the expansion would bring in an additional eight (8) employees, but did not know the exact number of students. Mr. Donnelly said that the Staff Report indicated the daycare's state Iicense allows for 151 children. Mr. Floros asked where the employees park. Mr. Mantas stated per Safari's lease, the employees are required to park in the east parking lot which is commonly referred as the rear parking lot. There was additional discussion/clarification regarding dropping off children. Ms. Hinaber asked if a car was pulling up, stopping along the curb, and taking the child in or pulling into a parking space. Mr. Mantas stated that the parents doing the drop off have to park the car and take their child inside the center. Chairman. Rogers asked if there was an exterior play area for the children. Mr. Mantas said there was one in the back Northeast corner of the Subject Property, Chairman Rogers confirmed with Mr. Mantas and the Petitioner that all state codes have been met. Ms. Hinaber asked if the playground square footage would need to change per DCFS regulations because of the increased enrollment. Chairman Rogers swore in the Petitioner, Sam Markos, 2604 Dempster, Park Ridge, Illinois. Mr. Markos stated the outdoor play area is one -third of the total space occupied by Safari Childcare (approximately 4,000 square feet). The play area is fenced in. Ms. Hinaber confirmed that there would be adequate outdoor space to handle additional children that would be attending the daycare. Mr. Markos said the current outdoor play area exceeds what the state requires. Mr. Beattie confirmed with the Petitioner that the state requirement is based on the total square footage of the space, not the total enrollment. 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. Floros made a motion, seconded by Mr. Donnelly to adopt Staff findings in the Staff Report as the findings of the Planning and Zoning Commission and recommend approval of a Conditional Use for a children's daycare center for the property located at 1738 E. Kensington Road, Case No. PZ- 11 -12, subject to the following conditions: 1) General conformance with the floor plan prepared by SAANG Inc., dated May 17, 2012; 2) Submittal of all required Iicenses with the State of Illinois, Cook County and Village of Mount Prospect; to the Community Development Director; 3) Compliance with all applicable building, safety, and fire codes." UPON ROLL CALL: AYES: Beattie, Donnelly, Fitzgerald, Floros, Hinaber, Youngquist, Rogers NAYS: None The motion was approved 7 -0. The Village Board's decision is final for this case. Richard Rogers, Chair PZ -11 -12 Planning & Zoning Commission Meeting June 28, 2012 Page 3 of 4 After bearing two (2) additional cases, Mr. Donnelly made a motion, seconded by Mr. Beattie to adjourn at 8:58 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 -11 -12 Planning & Zoning Commission Meeting June 28, 2012 Page 4 of 4 Village of Mount Prospect �°n`Pms� Community Development Department CASE SUMMARY -- PZ -11 -12 LOCATION: 1738 E. Kensington Road PETITIONER: ENK Brentwood, LLC OWNER: ENK Brentwood, LLC PARCEL #: 03 -25 -311- 038 -0000 LOT SIZE: 4.25 Acres (185,062 sq.ft.) ZONING: B3 Community Shopping PIanned Unit Development LAND USE: Shopping Center REQUEST: Conditional Use for a Children's Daycare Center LOCATION MAP Village of Mount Prospect Community Development Department MEMORANDUM 0114T FROM: DATE: HEARING DATE: SUBJECT: BACKGROUND MOUNT PROSPECT PLANNING & ZONING COMMISSION RICHARD ROGERS, CHAIRPERSON CONSUELO ANDRADE, SENIOR PLANNER JUNE 18, 2012 JUNE 28, 2012 T imomtnit PZ -11 -121 CONDITIONAL USE — CHILDREN'S DAYCARE CENTER/ 1738 E. KENSINGTON ROAD 1 ENK BRENTWOOD, LLC A public hearing has been scheduled for the June 28, 2012 Planning & Zoning Commission meeting to review the application by ENK Brentwood, LLC (the "Petitioner "), regarding the property located at 1738 E. Kensington Road (the "Subject Property "). The Petitioner is seeking a Conditional Use for a children's daycare center. The P &Z Commission hearing was properly noticed in the June 13, 2012 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 at the northeast corner of the Kensington and Wolf Roads intersection, and consists of a shopping center with related improvements. The Subject Property is zoned B3 Community Shopping Planned Unit Development (PUD) and is bordered by the RI Single Family Residential PUD to the north and east, RX Single Family District to the west, and the B3 Community Shopping and R4 Multi - Family Residential to the south. The shopping center currently includes a 7,900 square foot children's daycare center, Safari Childcare. The existing daycare center consists of two (2) offices, a kitchen, and seven (7) classrooms. The daycare center would like to expand the facility by 4,000 square feet. Per the Petitioner's floor plan, the expansion would consist of six (6) classrooms for infants and toddlers. The expansion would take place in the adjacent vacant space formerly occupied by a restaurant. The Village Board approved a Planned Unit Development in November 18, 1986 (Ord. No. 3716) for the shopping center on the Subject Property and the adjacent single - family homes. A Conditional Use for the existing daycare center was approved in December 6, 1994 (Ord. No. 1994). The Village Code requires a new Conditional Use permit when there is any modification or intensification of a Conditional Use, which alters the essential character or operation of the use in a way not intended at the time the Conditional Use was granted. Since the Petitioner would like to expand the children's daycare center from 7,900 to 11,900 square feet, a new Conditional Use is required. PZ -I 1 -12 Planning & Zoning Commission Meeting June 28, 2012 PARKING REQUIREMENTS Page 3 See. 14.2224 of the Zoning Code lists the minimum number of parking spaces required based on land use. Based on the existing businesses and the proposed daycare expansion, the shopping center requires two hundred and seven (207) parking spaces. The Plat of Survey indicates the Subject Property provides two hundred eleven (211) parking spaces, which provides a surplus of four (4) parking spaces. The table below summarizes the parking requirements for the shopping center and the number of off - street spaces provided at the Subject Property. Name of Business Area (sq.ft.) # of Employees # of Seats / Parking Requirement Required Parking a king Photos 4,000 14 100 1 space for each 3 seats + 1 per employee 47 Bruce Jones Taekwondo 1,200 1 12 2 spaces per 3 employees + 1 per maximum number of students 13 P & H Liquors 1,200 4 er 1,000 square feet 5 Salemos 2,800 IO 40 1 s ace for each 3 seats + 1 per employee 23 Image Cleaners 1,440 4 er 1,000 square feet 6 Hair Bang 1,200 4 per 1,000 square feet 5 Subway 1,200 5 32 1 space for each 3 seats + I per employee 16 Red Tulip Spa 1,200 4 per 1,000 square feet 5 Any Nail Shop 1,200 4 per 1,000 square feet 5 Ropolfo Vega Vacuum Repair 1,200 4 per 1,000 square feet 5 Driving School 1,200 1 10 2 spaces per 3 employees + I per maximum number of students I I Safari Daycare 12,000 30 151 1 space per employee + I for each 10 licensed ca aci slots 45 Mi Restaurant 1,200 11 30 1 space for each 3 seats + 1 per employee 21 Total Parking Required 207 Parking Provided 211 CONDITIONAL USE STANDARDS 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_ Staff reviewed the Petitioner's application and finds the proposed children's daycare expansion will not have a detrimental impact or be injurious to other properties. The children's daycare is well established within the shopping center, which includes a mix of commercial land uses. The children's daycare center provides a service to the residential Iand uses located to the north and east of the Subject Property and elsewhere in the Village. The existing shopping center provides utilities, parking and access. The children's daycare facility is consistent with the Comprehensive's Plan designation as Neighborhood Commercial for the Subject Property. PZ -11 -12 Planning & Zoning Commission Meeting June 28, 2012 RECOMMENDATION Page 4 Staff finds that the request for a Conditional Use to allow an 11,900 square foot children's daycare center meets the standards for a Conditional Use as described in the Petitioner's responses to the Conditional Use standards and that granting such Conditional Use would be in the best interests of the Village. Based on this analysis, Staff recommends that the Planning and Zoning Commission approve the following motion: "To adopt staff findings in the staff report as the findings of the Planning and Zoning Commission and recommend approval of a Conditional Use for a children's daycare center for the property located at 1738 E. Kensington Road, Case No. PZ- 11 -12, subject to the following conditions: 1) General conformance with the floor plan prepared by SAANG Inc., dated May 17,2012; 2) Submittal of all required licenses with the State of Illinois, Cook County and Village of Mount Prospect; to the Community Development Director; 3) Compliance with all applicable building, safety, and fire codes." The Village Board's decision is final for this case. I concur: -kk-� 4f 6mi William J. boney, AICP, irector of Community Development H:AW[a -ing &Zoning COMMIP&22f ASWYRe I.PZ-11-12 IPL173 9 E. Keaingon Rd(A=MPW)A". VILLAGE OF MOUNT PROSPECT MProspect COMMUNITY DEVELOPMENT DEPARTMENT — Planning Division 50 S. Emerson Street Mount Prospect, Illinois 60056 Phone 847.818.5328 FAX 847.818.5329 Zoning Request Application Z - Case ..Number. <: - Name N a z,. Development Name/Address a O i z Date of Submission , Corporation A Hearing Date [] Text Amendment: Section(s) z ZONING REQUEST (s): Name Telephone (day) �{ Conditional Use for Children's D ay El Zoning Map Amendment: From to Managing Member are Center d Corporation ❑ Variation from Sec. Telephone (evening) [] Text Amendment: Section(s) (Office LLC [❑ Other: z R Street Address W � • Villager$oardFfnal;,l� 2604 Dempster, a 847 - 297 - 3813 a SUMMARTY OF REQUESTED ACTION: The expansion of the existing Day Car C7 Zip Code Email x z Center (Safari) from 7 900 sf to 11,900 sf. z sam @crystal.landings.com 0 N Owner /Operator z Name Telephone (day) c/o Sam Markos, Managing Member 847 -297 -3800 d Corporation Telephone (evening) ENK Brentwood, LLC 847 -297 -3800 z R Street Address Fax A'a 2604 Dempster, Suite 100 847 - 297 - 3813 6 City State Zip Code Email x Park Ridge IL 60068 sam @crystal.landings.com Interest in Property Owner /Operator Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois www.mountprospect.org 1 Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 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 gl Pro erty owner same as a licant i Name ' Telephone (day) w Z s Lot Area (Sq.Ft) F, G Corporation Telephone (evening) Street B3 33,294 Address Fax ap Z Front City State Zip Code 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 Address(es) (Street Number, Street) Children' Day Care Center 1738 East Kensington Road Describe in Detail the Buildings and Activities Proposed and How the Proposed Use Meets the Standards for the Zoning Lot Area (Sq.Ft) Zoning District Total Building Sq. Ft. Sq. Ft. Devoted to Proposed 136,034 B3 33,294 Us 4,000 O W Setbacks: Z Front Rear Side Side O tz �o U Building Height Lot Coverage ( %) Standard Parking Spaces Accessible Parking Spaces 211 7 G O , Adjacent Land Uses: 'r North South East West W H Property Index Number(s): 3__ -- _2 -- 3 1 -- Q _3_ _ - 0 0 Q (attach additional sheets if necessary) Legal Description (attach additional sheets if necessary) SEE ATTACHED 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 Proposed Use (as listed in the zoning district) Children' Day Care Center Describe in Detail the Buildings and Activities Proposed and How the Proposed Use Meets the Standards for the Zoning Request Approval (attach additional sheets if necessary) Ci rrentl y tbere is a rhi 1 dren * c day carry center in the Ul azaaza A Said day care center is seeking to expand into an additional tk vA O W 4000 sq. ft space h P laza- x � tz �o U Q Hours of Operation 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 Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect.org 3 TDD 847.392.6064 Addresses) (Street Number, Street) 1738 East Kensington Road F" p Lot Area (Sq.ft) Zoning District Total Building Sq. Ft. Sq. Ft. Devoted to Proposed A i 136,034 B3 33,293 Use 4 000 If Setbacks: 0 Front Rear Side Side C4 Building Height Lot Coverage ( %) Standard Parking Spaces Accessible Parking Spaces 211 7 Developer Name )Vf Telephone (day) Address Fax 7. Email O i t 2 Attorney o Name William Mantas, Gierum & Manta Telephone(day) 847 - 318 -9130 a; Address 9700 West Higgins Road Fax 847 -31 -9140 E Suite 1015 Email bill @gierummantas.com z o Rosemont, IL 60018 C7 � V A Surveyor Name Telephone (day) x1 Address Fax Email Engineer Name Telephone (day) Address Fax Email Architect Name Saang, Inc. Telephone(day) 312 - 704 - -8800 Address 1901 Raymond Dr., #15 Fax 312- 704 -8880 Northbrook IL 60062 �kk @saanginc.com Email Landscape Architect Name NSA 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 3 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 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 pr"ed herein and in all materials submitted in association with this application are true and accurate to the best of MY'knowlcd Applicant ;'y Date *igFiature) Print Name Sam Markos, Managing Member If applicant is not property owner: I hereby designate the applicant to act as my agent for the purpose of seeking the zoning requcst(s) described in this application and the associated supporting material. Property Owne Date (signature) Print Name 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 0 I Affidavit of Ownership COUNTY OF COOK ) STATE OF ILLINOIS ) I, Sam Markos the sole an X an authorized officer of the commonly described as 1738 East Kensington Road Mount Pros et Illin and that such property is owned by ENK Brentwood. LLC as of this date. "4/ _ z ., �, M,441t0J" Signature Subscribed and sworn to before me this day of �q Y 20 Notary Public under oath, state that i am } owner of the property M WARY pUgUC. STATE OF UNQS 04W14 Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois WWW.MoUntprOspect.org 11 Phone 847.818.5328 Fax 847.818.5329 TDD 847.392.6064 COMPLIANCE WITH STANDARDS FOR CONDITIONAL USE I, Sam Markos, managing member (owner) of the Shopping Center at 1738 Kensington Road hereby express to the Village of Mount Prospect, Department of Community Development the following. In connection with the Application I have made for the proposed Conditional Use to allow for the 4000 square foot expansion of the Safari Children's DayCare center: 1. The expansion will not be detrimental to or endanger the public health, safety, morals, comfort or general welfare of the neighbors or the community in any way. 2. The conditional use will not be injurious to the uses of other properties in the vicinity nor will the expansion of the DayCare center in any way diminish or impair property values. 3. The expansion will not in any way impeded the normal and orderly development and improvement of the surrounding properties in the district. 4. There are adequate public utilities already in place. S. Ingress and egress through the Shopping Center is more than adequate and there will be no impact on traffic congestion in the public streets. 6. The plan to expand the DayCare center into additional space is not contrary in any way to the objectives of the current Comprehensive Plan for the Village. 7. The conditional use shall in all other respects conform to the applicable regulations of the district in which it is located. Thank you for your consideration. Sincerely am Markos Mayl 7, 2012 Village of Mount Prospect (tammunity of Development Department Attn to: Consuelo Andrade, Senior Planner 50 South Emerson Street Mount Prospect, Illinois 60056 t: 847 - 392 -6000 f: 847 -392 -5022 Re: Building Permit #2012 -490/ 1738 E. Kensington Rd. SAFARI DAYCARE THE LIST OF TENANTS TOTAL BUILDING AREA: 32,240 SQ.FT. UNIT# NAME OF TENANT AREA 1706 TASTE GOOD CORP.(D.B.A. PHOTO HOT DOG) 4,000 SO. FT. 1712 BRUCE JONES TAEKWONDO 1,200 SQ.Fr. 1714 P & H LIQUOR PACKAGE 1,200 SCIXT. 1716 SALERNO'S PIZZEMA 2,800 SQ.FT. 1720 IMAGE CLEANERS 1,440 SQ.FT. 1772 HAIR BANG 1,200 SOFT. 1724 SUBWAY 1,200 SQ.FT. 1726 SALERNO PIZZA 1,200 SQ.FF 1728 RED TULIP SPA 1,200 SQ.FT. 1730 ANY NAIL SHOP 1,200 SOFT. 1732 ROPOLFO VEGA VACUUM REPAIR 1,200 SO.FT. 1734 DRIVING SCHOOL 1,200 SQ.FT. 1736 SAFARI DAYCARE JENS7WGj B SQFI. 1738 TNESLIBJ ECTSPACEtZWPANS IONOFSAFARIDAYCARE 4,000saFT. CURRENTLY VAG9NT SPA CF- USED TO BE RESTAURANT) 1742 MI RESTAURANT 1,200 SO.Ff. Sam Markos gave me the following information regarding the Food Establishments in the center as a supplement to the document showing the list of tenants and square footage of each: Photos - Seating 100 Employees per shift 8 -14 Salerno's- Seating 40 Employees per shift 5 -10 Subway- Seating 32 Employees per shift 2 -5 Mexican Restaurant Seating 30 Employees per shift 4 -11 Hlf TFl FIE M ]L FINE] TUTL S UJ R V EY 6 ...eme.r w'.,e A n nu rx„< xa rxr.. .� .xr .`.,• m v ter 1 !:M BAAfrN700 S7UAAF L'pASp.rlurraL BEfA6 A C1r!'LAMMF1W OF Lars 1 AW 2 rM SWAOM SWAW' BEIAO A 5Lwzv om or PABr 4F r1E *"Sr 1/2 w ME S.W. 114 Pr swrnw 2S reh aq; Ap MMIX WW 11, FAST OF n6 VHM M ZWZPAL IEMSOIAM A=WIW re 7w PLAr W 5,610 L'ommATIW AEC MV APPM ff 2001 AS 0=00W MXWR OJWS14 M MW W Wrr, lLLZWIS- wrrs msarr nir vawrncvs axeseoerarnw urtr uauvre'cna..e rtu esm a+ve'mmwamrvr Mrs xlr. w. ran wneaL ertnrr eiarra ra ' nrr: cermw rs awr.n,u. :m wr.rArs mreur wre gain ra rMS. r �cri r. rwn+w e,u: xoww nu Join m.re J. r m I aroev rawre ua xrt re�rawnr�,rtf u • r,erae mM a mnanr wee Auwr a roev u x.rnea a n[ +stunt rx�r , •`.>„�+ a.w.� xe awr � � xsrer rvrwrvm vnnexrr vm nrxrx t a: ®rtlrx m srna awr xuw Arr. t •,••'. ° O . oc '.;: , r, rwx.c uwm rtwxv rears wrw rtnoxr r w.m rm eworwm rurx n�. a vm rev ,. .. rxr r rear xrsx xoea rr.rr amr rre xmm ua rsr rrrrs ar rw e n exn,rrsr m rf suunera svwr r rer rorr m rve aurx ,n rur. �� ,,,n,ru wn-axa or,.are x a ms r...dr ryai r. �n. gp[rl,Nrr. _ .mot .ii�a�.. n .' 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(EXCEPT rNAT PART THEREOF DESCRIBED AS FOLLOMS: 8EGINNING AT THE NORTHMEST CORNER OF SAID LOT 2. THENCE S 0'48'39' M ALONG TAB NEST LIRE OF SAID LOT Z. 'A DISTANCE OF 77.56 FEET; TtCN= S 89'11'21' E A CZSFAACE OF 31.16 FEET. THENCE H 00'46'39' E, A OISTANCE OF 78.00 FEET W A PAINT mM T1¢ NoPm LINE OF SAID LOT 2' IMPAX N 90'00'00' M ALONG 5:170 NOUN LIKE A DfSTAWE OF 31, 16 FEET rD THE FLACE OF 8E6INNP61. IN COOK LO'AVTY. ILLIAWS. it 70 C 65 r 68 i 67 I a�»n0m• nrmuu .k•aa lsar .v axvc•r ro. aT- .rv,ss! .. .A 90.00'00' '�• „�" ,r• I " Nrr xaxm¢ln rNOe+s rrr. aspv.0 I J I ! ! n l 1 I { is i ! I DRY OEYEN770N POND S 69 #1 21' C I 1 I I lz i / IKDK i l ti W Lq I II o., ..... ._..._. .- ' • a e 1 e y a » .a... N 82 M 1 .57' . ..... ............... _ KENSINGTON (FOUNDAAY) POAD AL TA/ACeil LAN) TIRE SLVY RATS 'A' 8Y YE N[fANl9 r OC - Lf 1. A nun A te—l - ra lxluAAwCF p•rF .... 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C.ICam rl TtE TO 7W :ACY STAMDIAAS AS AL'OrTFD 8 AA AM TNO EFFECT ON OF YNIfffGTlOR OF I A farAYY plrx 4' eTfeCrtrF car[ ff arm+ir l4 $w1 YAa IA rKe SCABIIIBAA' .srpYEr. Nawea uel d Arta Aar. $1MED AT CAACC S7WAX RLIWA DHS 29 TH. WY OF WTURR A.O. 2001. Al GTA TrAY.n lump rxrs n m, epr v {C p. a, dVl TT� ZU"IS PRi]43SU— LAS' SLRYEYd1 W. 212, LICEIAiE ElPIAES 1l -30 -2602 YKIO EMIT wITM EIBASSED SEAL h.I.Ari lnua '-NC aw.xrnr ro. ersa SAFARI DAYCARE CENTER ki;SAANG @ 1738 KENSFNGTON ROAD �nft— inc. D, ry 9 EXHIBIT B MT. P ROSPECT,IL MAY 1 7, 2012 PTnm W4 f7l? fv ffiqlWAn t)W 7 , --- 0WIT""r U " V- = , t.)R ENG \ SAFARI RAY ARE 1'Y 7'.. wi- PLAYGROUN Lmllll\ - 4 5 . Q) 0 %A tu N A LL. C5 fl 4 C= ......... . if ITI 77 mm- i Ody-Wrl-k— H fr; It", A 4- H I - T d2 KENSINGTON (FOUNDRY ROADS ROAD 1 GrM'WtE PA VE^'f ZONING DISTRICT; B3 TOTAL LOT AREA: 136,034 SF EXISTING SITE PLAN STANDARD PARKING SPACES: 211 TOTAL BUILDING AREA: 33,293 SF SCALENTS ACCESSIBLE PARKING SPACES: 7 SAFARI DAYCARE CENTER mmosmNG @ 1738 KENSINGTON ROAD inc, EXHIBITC MT. PROSPECT,IL MAY 17,2012 ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 1738 EAST KENSINGTON ROAD, MOUNT PROSPECT, ILLINOIS WHEREAS, ENK Brentwood, LLC. ( "Petitioner "), has filed a petition fora Conditional Use permit with respect to property located at 1738 East Kensington Road ( "Property ") and legally described as follows: Lot 1 in Brentwood Square Consolidation, being a Consolidation of Lots 1 and 2 in Brentwood Square, being a Subdivision of part of the West' /2 of the S.W. '/4 of Section 25, Township 42 North, Range 11, East of the Third Principal Meridian, according to the Plat of said Consolidation recorded April 16, 2001 as document number 01005149, in Cook County, Illinois. Property Index Number: 03 -25- 311 - 038 -0000 WHEREAS, the Petitionerwas previously granted a Conditional Use permit to operate a children's day care center at 1738 East Kensington Road on December 6, 1994, pursuant to Ordinance No. 4684; and WHEREAS, the Petitioner seeks a conditional use permit to expand the existing children's day care center; and WHEREAS, a Public Hearing was held on the request fora Conditional Use permit being the subject of PZ -11 -12 before the Planning and Zoning Commission of the Village of Mount Prospect on the 28 day of June, 2012, pursuant to proper legal notice having been published in the Mount Prospect Journal & Topics on the 13 day of June, 2012; and WHEREAS, the Planning and Zoning Commission has submitted its findings and recommendations to the President and Board of Trustees in support of the requests being the subject of PZ- 11 -12; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the request herein and have determined that the request meets the standards of the Village and that the granting of the proposed Conditional Use permit would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENTAND 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 The President and Board of Trustees of the Village of Mount Prospect do hereby grant a Conditional Use permit, to allow the expansion of a children's daycare center at 1738 East Kensington Road, as shown on the Floor Plan dated May 17, 2012 a copy of which is attached and made a part hereof as Exhibit "A." Page 2/2 PZ- 11 -12, 1738 East Kensington Road SECTION THREE Approval of the Conditional Use permit is subject to complying with the following conditions: 1. General conformance with the floor plan prepared by SAANG Inc., dated May 17, 2012; 2. Submittal of all required licenses with the State of Illinois, Cook County and Village of Mount Prospect; to the Community Development Director; 3. Compliance with all applicable building, safety, and fire codes. SECTION FOUR The Village Clerk is authorized and directed to record a certified copy of this Ordinance with the Recorder of Deeds of Cook County. SECTION FIVE This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES NAYS: ABSENT: PASSED and APPROVED this _ day of July, 2012. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H: \CLKO \WIN \ORDINANCE2 \C USE 1738 E. Kensington Rd. PZ 11 12 Children's Daycare july 09.doc 7/2/2012 William J. Cooney, AICP Director of Community Development Village of Mount Prospect 50 S. Emerson Street Mount Prospect, IL 60056 or Via fax: 847/818 -5329 or Via email: bcooney(c,mountprospect.org Dear Mr. Cooney, Re: PZ -14 -12 / 412 BUSINESS CENTER DR. / CONDITIONAL USE (SPORTS TRAINING FACILITY) The Planning & Zoning Commission recommended approval of our request for a conditional use to operate a sports training and teaching establishment at 412 Business Center Drive, subject by a 7 -0 vote. Our request is scheduled to go before Village Board for the ordinance's first reading (7/17/12). We are requesting that the Village Board waive the second reading, tentatively scheduled for (8/7/12), and take final action at the (7/17/12) meeting. We are anxious to start the necessary build out so as to avoid delays in opening before our busiest time of year. I appreciate your assistance in facilitating this request. Should you have any questions, feel free to contact us at 847/555 -1212. Sincerely, Les O'Hara Harbor Athletic Training 975 Rohlwing Road Rolling Meadows, IL 60008 Village of Mount Prospect Community Development Department MEMORANDUM I TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: JULY 2, 2012 SUBJECT: PZ- 14- 121412 BUSINESS CENTER DRIVE 1 CONDITIONAL USE (SPORTS TRAINING AND TEACHING ESTABLISHMENT) / HARBOR ATHLETIC TRAINING, INC. The Petitioner proposes to remodel the east 23,053 square feet of the existing building to operate a sports training and teaching establishment. Per the Petitioner's floor plan, the facility would consist of batting cages, open turf, a weight room, basketball court, offices, and a shop. The sports training and teaching establishment would offer baseball and softball training primarily to young athletes between nine (9) to fifteen (15) years of age. The facility would operate Monday through Friday from 2 pm to 10 pm and Saturday and Sunday from 10 am to 6 pm. Per the Petitioner, there would be no more than thirty (30) clients and seven (7) employees at a time. The 46,106 sq. ft. building includes one other tenant space, occupied by Research Products International. The existing business and the proposed sports training and teaching establishment will require a total of fifty -seven (57) parking spaces. The site currently provides fifty -six (56) parking spaces. However, there is room for striping additional parking spaces along the rear of the building. Per the Petitioner, an additional parking space would be striped in the rear of the building to bring the property up to compliance with the required parking, The Planning & Zoning Commission conducted a public hearing to review the request on Thursday, June 28, 2012, and by a vote of 7 -0, recommended approval of a Conditional Use for a sports training and teaching establishment at 412 Business Center Drive, Case No. PZ -1412 subject to the conditions of approval listed in the staff report. 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 July 17, 2012 meeting. Staff will be present to answer any questions related to this matter. ,�,, 4- U iz , Wil ' J. Cooney, Jr., A1CP Sl MA I hcdSNLAMPIanning &Zoning CGMMT&Z2012N4EJMcnioTZ- 14.12412 Business Caner Dr. (CUSpompaining Faciliry).doce MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ -14 -12 PROPERTY ADDRESS: PETITIONER: PUBLICATION DATE: PIN NUMBER: REQUEST: MEMBERS PRESENT: MEMBER ABSENT: STAFF MEMBERS PRESENT: INTERESTED PARTY: Hearing Date: June 28, 2012 412 Business Center Drive Harbor Athletic Training, Inc. — Nelson C. Gord June 13, 2012 03 -35- 103 - 001 -0000 Conditional Use approval for a Sports Training and Teaching Establishment Richard Rogers, Chair William Beattie Joseph Donnelly Tom Fitzgerald Leo Floros Jacqueline Hinaber Keith Youngquist None Consuelo Andrade, Senior PIanner Brian Simmons, Deputy Director of Community Development Les O'Hara Chairman Rogers called the meeting to order at 7:31 p.m. Mr. Youngquist made a motion, seconded by Mr. Donnelly to approve the minutes of the May 24, 2012 Planning & Zoning Commission meeting; the minutes were approved 5 -0 with Mr. Donnelly and Mr. Fitzgerald abstaining. After hearing one (1) previous case, Chairman Rogers introduced Case PZ- 14 -12, 412 Business Center Drive at 7:45 p.m. Ms. Andrade said the Petitioner for PZ -14 -12 was seeking Conditional Use approval to operate a sports training and teaching establishment at 412 Business Center Dr, Ms. Andrade stated the Subject Property is located on the west side of Business Center Drive, and includes an office and warehouse building with related improvements. The Petitioner proposed to remodel the east 23,053 square feet of the existing building to operate a sports training and teaching establishment Ms. Andrade said per the Petitioner's floor plan, the facility would consist of batting cages, open turf, a weight room, basketball court, offices, and a shop. Ms. Andrade stated the sports training and teaching establishment would offer baseball and softball training primarily to young athletes between nine (9) and fifteen (15) years of age. The facility would operate Monday through Friday from 2 p.m. to 10 p.m. and Saturday and Sunday from 10 a.m. to 6 p.m. Per the Petitioner, there would be no more than thirty (30) clients and seven (7) employees at a time. Ms. Andrade said the 46,106 square foot building includes one (1) other tenant space, occupied by Research Products International. The existing business and the proposed sports training and teaching establishment would require a total of fifty -seven (57) parking spaces. The site currently provides fifty -six (56) parking spaces. Richard Rogers, Chair PZ -14 -12 Planning & Zoning Commission Meeting June 28, 2012 Page 1 of 3 However, there is room for striping additional parking spaces along the rear of the building to bring the property up to compliance with the required parking. Per the Petitioner, an additional parking space would be striped in the rear of the building. Staff would work with the Petitioner and the property owner to ensure the required number of parking spaces is provided. Ms. Andrade stated the standards for Conditional Uses are listed in the Zoning Ordinance and include specific findings that must be made in order to approve a Conditional Use. A summary of 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 adequate provision for utilities, drainage, and design of access and egress to minimize congestion on Village streets are provided. Ms. Andrade said the proposed sports training and teaching establishment would have minimal impact on adjacent properties and would be similar to existing uses in the area. The proposed facility would be adjacent to the International Gymnastics facility and two (2) lots away from the River Trails Park District's Art Center at 550 Business Center Drive. Ms. Andrade stated other departments reviewed the Petitioner's proposal and did not object to the use or found that it would have an adverse impact on the adjacent tenant or properties. However, it is important that the enrollment level and/or staff do not increase to an amount that would exceed the Village's parking requirement. Ms. Andrade said Staff found that the request for a Conditional Use to allow a Sports training and teaching establishment at 412 Business Center Drive met the standards for a Conditional Use as described in the Petitioner's responses to the Conditional Use standards and that granting such Conditional Use would be in the best interests of the Village. Based on this analysis, Staff recommended that the Planning and Zoning Commission approve the motion listed in the Staff Report. Mr. Youngquist asked Staff if the Village was moving away from the limited industrial uses in the Kensington Business Center (KBC). Mr. Simmons stated the Village has recently had discussions to look at the nature of the businesses located within the park. He said the park has seen a shift in what type of uses are going in. There are a number of office, non - profit, and sports training uses that have located within the KBC recently. Mr. Simmons stated that the dynamic of the park is based on the demand; however the Village still encourages industrial uses. Chairman Rogers swore in Les O'Hara, 927 S. Roosevelt Avenue, Arlington Heights, Illinois. Mr. O'Hara stated that his current location for Play Ball U.S.A. has been in Des Plaines for over ten (10) years. They recently acquired Drive Performance which was in Wheeling. Both companies would be consolidated along with a football training element and remain at the Subject Property. Chairman Rogers confirmed that the Des Plaines location would be moving to Mount Prospect. Mr. O'Hara said that they lost their lease in Des Plaines and currently hold a temporary lease in Niles. The Wheeling property was being vacated as well. Mr. Beattie discussed the limits placed on the maximum amount of students and staff. He asked if the number proposed have been discussed with Village Staff. Mr. O'Hara stated that enrollment numbers were discussed. He said the business model is mainly for private instruction based on membership. The business would not have open batting cages for those who wanted to drop -in. The instruction is primarily one -on -one training with larger camps being held off site. Richard Rogers, Chair PZ -14 -12 Planning &. Zoning Commission Meeting June 28, 2012 Page 2 of 3 Mr. Beattie asked if the business was successful, would it be able to grow due to the condition being placed on the student to staff member ratio. Mr. O'Hara said the numbers include the facility adding ten (10) students to a session, so there is room to grow. He stated the owner of the property operates a business in the other half of the building. The employees of the other business vacate the premises around 5 p.m. and are not there on weekends. Mr. O'Hara stated the busiest times for his business would be after 5 p.m. and weekends. He did not foresee parking being an issue at the Subject Property. The parking at the Subject Property is more than what they currently have in Des Plaines and Wheeling. Mr. O'Hara stated that there are approximately ten (10) to fifteen. (15) spaces that could potentially be striped in the back of the building. Chairman Rogers confirmed that the Petitioner is in agreement to the conditions placed by Staff, Mr. Youngquist asked if the warehouse had air conditioning. Mr. O'Hara said there was no A/C, however he stated that the sports facility's side of the building is approximately half underground and was somewhat cool on a hot day. He stated that they plan on enhancing the fans inside and beef up the heat in the back of the facility. Mr. Youngquist discussed potentially looking at power and gas requirements when the uses change and are converted within the business park. Mr. O'Hara said that he had electrical and A/C and Heating Contractors out to the Subject Property who thought the existing load panels were adequate for the proposed use. Mr. Floros asked the Petitioner to provide a background on the business. Mr. O'Hara said that Nelson Gord, Head Baseball Coach at Notre Dame High School, is his partner and part- owner. Mr. Gord has owned and managed Play Ball U.S.A. for the past eight (8) years. He stated that Mr. Gord has been in the sports training business for over fifteen (15) years. Mr. O'Hara said that he is a youth football coach and has also coached at Prospect High School. He stated that his primary job is running a roofing business, but he brings his business background into running the proposed sports facility. 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 7:59 p.m. and brought the discussion back to the board. Ms. Hinaber made a motion, seconded by Mr. Donnelly to adopt staff findings in the Staff Report as the findings of the PIanning and Zoning Commission and recommend approval of a Conditional Use for a sports training and teaching establishment at 412 Business Center Drive, subject to the conditions listed in the Staff Report. UPON ROLL CALL: AYES: Beattie, Donnelly, Fitzgerald, Floros, Hinaber, Youngquist, Rogers NAYS: None The motion was approved 7 -0. The Village Board's decision is final for this case. After hearing one (1) additional case, Mr. Donnelly made a motion, seconded by Mr. Beattie to adjourn at 8:58 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 -14 -12 PIanning & Zoning Commission Meeting June 28, 2012 Page 3 of 3 Village of Mount Prospect Community Development Department CASE SUMMARY — PZ -14 -12 LOCATION: 412 Business Center Drive PETITIONER: Harbor Athletic Training, Inc. — Nelson C. Gord OWNER: Research Products International, Corp. NURmnc Prospect PARCEL #: 03 -35 -103- 001 -0000 LOT SIZE: 3.00 acres (131,550 sq. ft) ZONING: It Limited Industrial LAND USE: Office and Warehouse Building REQUEST: Conditional Use approval for a Sports Training and Teaching Establishment LOCATION MAP Village of Mount Prospect Community Development Department MEMORANDUM FROM: DATE: HEARING DATE: SUBJECT: BACKGROUND MOUNT PROSPECT PLANNING & ZONING COMMISSION RICHARD ROGERS, CHAIRPERSON CONSUELO ANDRADE, SENIOR PLANNER JUNE 17, 2012 JUNE 28, 2012 Mount Pmspect PZ -14 -12 / CONDITIONAL USE (SPORTS TRAINING AND TEACHING ESTABLISHMENT) 1 412 BUSINESS CENTER DRIVE / HARBOR ATHLETIC TRAINING, INC. (APPLICANT) A public hearing has been scheduled for the June 28, 2012 PIanning & Zoning Commission meeting to review the application by Harbor Athletic Training, Inc. (the "Petitioner ") regarding the tenant space located at 412 Business Center Drive (the "Subject Property"). The Petitioner is seeking Conditional Use approval to operate a sports training and teaching establishment. The P &Z hearing was properly noticed in the June 13, 2012 edition of the Journal Topics Newspaper. In addition, Staff has completed the required written notice to property owners within 250 -feet and posted a Public Hearing sign on the Subject Property, PROPERTY DESCRIPTION The Subject Property is Iocated on the west side of Business Center Drive, and includes an office and warehouse building with related improvements. The Subject Property is zoned I1 Limited Industrial and is bordered to the west by the CR Conservation Recreation and B3 Community Shopping District, and to the north, east, and south by the I1 District. SUMMARY OF PROPOSAL The Petitioner proposes to remodel the east 23,053 square feet of the existing building to operate a sports training and teaching establishment. Per the Petitioner's floor plan, the facility would consist of batting cages, open turf, a weight room, basketball court, offices, and a shop. The sports training and teaching establishment would offer baseball and softball training primarily to young athletes between nine (9) to fifteen (15) years of age. The facility would operate Monday through Friday from 2 pm to 10 pm and Saturday and Sunday from 10 am to 6 pm. Per the Petitioner, there would be no more than thirty (30) clients and seven (7) employees at a time. GENERAL ZONING COMPLIANCE The 46,106 sq. ft. building includes one other tenant space, occupied by Research Products International. The existing business and the proposed sports training and teaching establishment will require a total of fifty -seven (57) parking spaces. The site currently provides fifty -six (56) parking spaces. However, there is room for striping PZ -14 -12 Planning & Zoning Commission Meeting June 28, 2012 Page 3 additional parking spaces along the rear of the building to bring the property up to compliance with the required parking. Per the Petitioner, an additional parking space would be striped in the rear of the building. The proposed sports training and teaching establishment would not use the loading dock. Staff will work with the Petitioner and the property owner to ensure the required number of parking spaces is provided. The - Following table summarizes the parking requirements for the existing tenant and the proposed sport's training and teaching establishment: Tenant Classification Size Parking Requirement Spaces Required Research Products International Warehouse 21,053 s . ft 111,500 s . ft 14 Office 2,000 s . ft. 4 spaces per 1,000 s . ft 8 Sport's Training and Teaching Establishment 23,053 s ft. q' 2 spaces per 3 employees plus 1 space per maximum number of students (30) 35 Total Spaces Required 57 Total S aces Provided 56 Parkin `Deficit' 1 The Petitioner will be required to submit an egress plan, fire sprinkler shop drawings, hydraulic calculations, fire alarm shop drawings, and equipment cut sheets at the building permit stage. In addition, the Petitioner will be required to obtain a business license. While these are building permit issues to be addressed as part of the permit process, these requirements are included as part of the Staff Report in an effort to ensure the Petitioner is aware of the requirements and submits a complete building permit application. CONDITIONAL USE STANDARDS 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; • There is adequate provision for utilities, drainage, and design of access and egress to minimize congestion on Village streets; and • The request is in compliance of the Conditional Use with the provisions of the Comprehensive Plan, Zoning Code, and other Village Ordinances. The proposed sports training and teaching establishment would have minimal impact on adjacent properties and would be similar to existing uses in the area. The proposed facility would be adjacent to the International Gymnastics facility and two lots away from the River Trails Park District's Art Center at 550 Business Center Drive. Other departments reviewed the Petitioner's proposal and did not object to the use or find that it would have an adverse impact on the adjacent tenant or properties. However, it is important that the enrollment level and /or staff do not increase to an amount that would exceed the Village's parking requirement. PZ -14 -12 Planning & Zoning Commission Meeting June 28, 2012 RECOMMENDATION Page 4 The proposed sports training and teaching establishment meets the Conditional Use standards contained in Section 14.2031.8 of the Zoning Ordinance. Based on these findings, Staff recommends that the Planning & Zoning Commission approve the following motion: "To approve a Conditional Use permit for a sports training and teaching establishment at 412 Business Center Drive, Case No. PZ- 14 -12, subject to the following conditions: 1) No more than thirty (30) students and seven (7) staff members attend the facility at one time unless other parking arrangements have been agreed upon with the property owner and approved by the Village; 2) The Petitioner modifies the tenant space in accordance to all applicable building and fire codes for a new assembly occupancy. 3) One (1) additional parking space is provided for a total of fifty -seven (57) spaces on site." The Village Board's decision is final for this case. I concur: William J. Cooney, AICP, D ector of Community Development 11 HAILANTIawing &Zoning CONMT&Z2iH21P7-14- 12412Bmin Clr Or(CU- SporCs Tm!Wng Pacililyl).dw VILLAGE OF MOUNT PROSPECT Mount Prospect, Illinois 60056 Phone 847.818.5328 FAX 847.818.5329 Zoning Request Application Z Case`Nurn er , Telephone (day) - 7- 8 - 7 °7 II1 a Development NamdAddress O w v to bate of Submission Z . . ❑ Text Amendment: Section(s) ! 8 b• `W Hearing Date z ZONING REQUEST (s): Telephone (day) - 7- 8 - 7 °7 II1 Conditional Use for Corporation 60 w ' �,, ❑ Zoning Map Amendment: From to Street 'Address f ❑ Variation from Sec. A a. ❑ Text Amendment: Section(s) ! 8 b• a Q e� � `�r... �� :: '� � • Other: Zip Code 6 Email � l/ , 6 - 7 a Interest in Property n a SUMMARTY OF REQUESTED ACTION: 0 0Z a /� 71 966/L z - - AA,c.J Co - R 1� P r 7S A - - S S ,," JI-N A1 ca,v �'z � W , bvA- ko v t z Name Telephone (day) - 7- 8 - 7 °7 II1 Q Corporation 60 w ' �,, Telephone (evening) • 3 - 7s - 61M) Street 'Address f Fax r �J �y / t -i 2 A a. ! 8 b• a Q City /n State Zip Code 6 Email � l/ , 6 - 7 N� a� , C Interest in Property n P4 Mount Prospect Department of Community Development Phone 847.818.5328 50 South Emerson Street, Mount Prospect Illinois Fax 847.818.5329 www.mountprospect.org 1 TDD 847.392.6064 Name owner same as atmlicant le- 4Sx Vh Street Address a i E citty� l�Yt 6 J�nJ� �it cT3 - 14 OAVC Vl ('? csj 6 �IL.V�iL J State Zip Code c r I L- 'C oes J (day) 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 L� Address(es) (Street Number, Street) H 0c, 0 S i aJ<C -Z.S C — <V- t 'Ib 2 - Describe in Detail the Buildings and Activities Proposed and How the Proposed Use Meets the Standards for the Zoning Request Approval (attach additional sheets if necessary) Lot Area (Sq.Ft) Zoning District Total Building Sq. Ft. q �. p. Sq. Ft. Devoted to Proposed Use as , �z �o Setbacks: Z Front p c: e wc Rear P� Q� lM- Side f - Pc Side CL AT d Building Height Lot Coverage ( %) Standard Parking Spaces Accessible Parking Spaces 2 - 1 Z w Adjacent Land Uses: z North South East West Property Index Number(s): (attach additional sheets if necessary) W Legal Description (attach additional sheets if necessary) p 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 L� Proposed Use (as listed in the zoning district) OIL il/. ev i a Describe in Detail the Buildings and Activities Proposed and How the Proposed Use Meets the Standards for the Zoning Request Approval (attach additional sheets if necessary) A H O� as �z �o c� d Hours of Operation 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 L� Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois www.mountprospect.org Phone 847.818.5328 Fax 847.818.5329 TDD 847.392,6064 Addresses) (Street Number, Street) O Setbacks: O� az Front Rear Side Side Building Height Lot Coverage ( %) Standard Parking Spaces Accessible Parking Spaces z O 1 Developer Name Telephone (day) Fax Email Address ° o w Name fse O o+ Z o, a Attorney p Telephone (day) Fax Email ,Okye A% N.N� Address / S 0 �� I q Q 1 Gp Surveyor Name Telephone (day) Fax Email Address Engineer Name Telephone (day) Fax Email Address Architect Name 4 Telephone (day) Fax Email p J`�l Address i r Z� �l� IV -6 -y C ✓r�"' `700 sysz�,�c 8 l04 - 6 1 f L I G v J 7 Landscape Architect Name Telephone (day) Fax Email Address Mount Prospect Department of Community Development 50 South Emerson Street, Mount Prospect Illinois www.mountprospect.org Phone 847.818.5328 Fax 847.818.5329 TDD 847.392,6064 win nvt or acccpLeu. it is su suggestiea inaz ine petitioner scneauie an aI materials can be reviewed for accuracy and completeness at the time of submittal. 6141 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 infor 'on provi d herein and in all materials submitted in association with this application are true and accurate to the best of in ledge ApplieanE Date K� t (sign 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 zoning request(s) described in this application and the associated supp to m J X Property Owner Date / y Z- (signature) Print Name R=1 f J C t Jam`( C Fo 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 Conditional Use Application Harbor Athletic Training, Inc. (dba "Play Ball USA ") requesting conditional use at address: 412 Business Center Drive Mr. Nelson C. Gord Play Ball USA 5683 Howard St Niles, IL 60714 Village of Mount Prospect Community Development Dept. — Planning Division 50 S. Emerson Street Mount Prospect, IL 60056 RE: 412 Business Center Drive - Conditional Use Application Summary of Actions Requested Play Ball USA is a baseball and softball training academy targeting young athletes, who look to excel not only in their sport as well as develop characteristics which can assist them later in life. Our strongest emphasis will be in individual skill development and continue into personal training and clinics throughout the year. Play Ball USA will be an active hub for athletes from all around the area, with its professional staff and high - quality training methods. This will be a business which proudly showcases the Village of Mount Prospect as it attracts not only local players, but others throughout the US and abroad. The company has reviewed the standards listed in Zoning Code Section 14.203.F.8 and adheres to all seven standards listed. Respectfully, Nelson C. Gord Owner -- Play Ball USA (847) 877 -1117 www.playballdirect.com Mr. Nelson C. Gard Play Ball USA 5683 Howard St Niles, IL 60714 Village of Mount Prospect Community Development Dept. — Planning Division 50 S. Emerson Street Mount Prospect, IL 60056 RE: 412 Business Center Drive - Conditional Use Application Standards for Conditional Use Approval 1. Our establishment, maintenance, and operation of the sports training conditional use will not be detrimental to, or endanger the public health, safety, morals, comfort, or general welfare 2. Our sports training conditional use will not be injurious to the uses and enjoyment of other property in the immediate vicinity for the purposes already permitted, nor substantially diminish or impair property values within the neighborhood in which it is to be located. 3. The establishment of the conditional use will not impede the normal and orderly development and improvement of the surrounding property for the uses permitted in the district. 4. Adequate public utilities, access roads, drainage and necessary facilities have and will continue to be provided. 5. Adequate measures have been taken to provide ingress and egress so designed as to minimize traffic congestion in the public streets. 6. Our proposed conditional use is not contrary to the objectives of the current Comprehensive Plan for the Village. 7. The conditional use will, in all other respects, conform to the applicable regulations of the district in which it is located, except as such regulations may, in each instance, be modified pursuant to the recommendations of the Planning and Zoning Commission. Respectfully, Nelson C. Gord Owner — Play Ball USA (847) 877 -1117 www.playballdirect.com Mr. Nelson C. Gord Play Ball USA 5683 Howard St Niles, IL 60714 Village of Mount Prospect Community Development Dept. — Planning Division 50 S. Emerson Street Mount Prospect, IL 60056 RE: 412 Business Center Drive - Conditional Use Application Dear Planning and Zoning Division: Here is our plan of operation as an exhibit for the conditional use application: Days of Operation_ Sunday Monday - Friday Saturday Hours of Business 10:00AM — 6:OOPM 2:OOPM — 6:OOPM 6:OOPM — 10:OOPM I O:OOAM — 6:OOPM Employees per Shift 4 -7 2 -3 3 -5 4 -7 Respectfully, C>< Nelson C. Gord Owner — Play Ball USA (847) 877 -1117 www.playbaildirect.com Client Parking 15 -20 Cars 4 -6 Cars 12 -15 Cars 15 -20 Cars 412 Business Center Drive Mt, Prospect, IL (A OPEN TURF 209'X 40' WEIGHT ROOM 50'X 33' A RATTING CAGES 112 COURT 50'X 33' LOCKERS REHAB & TRAINING ROOM � S Oil ...-•, pie-- - I I OOA RESTROOMS JL MS R SK [58 F�� For Lease 412 N. Business Center Drive Mt. Prospect, IL ., A (Submitted subject to error, change in status or withdrawal without notice) CHICAGO pAt27NER5 TN.phor.e 825 -7952 r Albat Schmitt. P es. Pobert A Schmin. Sect': Tress. Se?V ce <Surt/er�lrt j Wneeii eOD2panry 950 BU HIGHWAY PA N If10GE. 11UNOOS PLAT of SURVEY ' N [or / rN Xfe— aroN C ANrev , ooAmre ONE r CerrvG A 5u60r Vr.710H V� ,N TNe e4sr NAze of Se[TrnN .34, ANo 7we W,-sr NAtF or 5ecrioH 35, /X TOWNSwip 42 IV" '"I" QANOe /, eAST OF rNC TN,zo P4r NGIPA4 y I I M*1110 AN IN COOK CO111Y AdiY S. — CON 1'AfNrNG.j.DT42 A�RC3 ' _ ` cute ✓ --_ I COx<RETG _ � I G✓R6 1 d vl I v 6u `c• i .7 r ra c ,:c r a P P a ✓E ME N r p' A a F. nI a / } O p % /TTY. F!'CA!T k 14 l h f Ca,+c_ c ocx { 4 i5 s L ear_ O 9 v a r 4 y V V o ) p V II u Ui - ��i y D � e l� O �n e / rc , Jj i r c r i 1 � 1 f � 1 y 0 r y 1, 'b i o-2 4 �4 a �t L � I i 9 80.2 E i �oT 9 I bo.o� lO --L�xo 7,rcc So'gvcy- sec cerrea s TYRe wR C[arrFrcw rraN OAT&O 1uay S(/9d( A,O RA,.Of A I RT 9/ r.rr,T Suave -. Rc J[ARC/+ F2 oarlCTS I n tE s �+i• , -n -„ • '` - � k l pr�D G/ ft40Llfr [� ? Jo n ii//L� 8 5s r n 9 IZ. G• m N : g`p °P= Mr V . • s JAr✓ 10 :dC a. �.:... ;d , noor. rr nc• r'•n,.l C�,G�yrY�'Gi.� +M �a�. rte• !.' {{ - { .,,'.,. .. .., - j-2Y T T° lC.ta e) a[Vr]!O Feo rw, f4A0, NW'4 51c. 4t it - Jar 3I, l4 erv(ee Saeve " & Cngineeirim ompam LAND SURVEYING • CIVIL ENGINEERING - APPRAISING 950 BUSSE HIGHWAY • PARK RIDGE, ILLINOIS 60068 PHONE 823.7952 July 31 1980. Order #8169 -1 LAND TITLE SURVEY 2 0 08 To: Research Produets International Corporation, Ghioago Title Inauranee Company and Mount Prospect State Bank and also Bankers Life Company* State of Illinois) County of Cook ) s Service Survaying & Engineering Company, a corporation of the State of Illi i�dis, hereby eertifies that a survey has been n ade at and under its direction by 'an Illinois Registered Land Surveyor of the property deddrib6d herewith and that the plat 'herewith is drawn in. accordanee with the cuff' ielal records and in stri.et oompli sate with the requirements appli.eable to such survey and to said plat of both the Zama of the `State ' of Illinois and of the Illinois Land Survey Standards jointly erstabli dhed. 'and by the Chioago Bar Assoc. lation„ ' Illir- joi.ss State Assoois.tion,' Illinois Registered Land Surveyors Association, and Society of Professional Land Surveyors in 1968, and that the plat herewith correctly represents said survey. DESCRIPTION OF PROPERTY SURVEYED Lot R in Kensington' Center, Phase one, being a subdivision In the East half of Section 34, and th West half of Section 35, in T own - (Z hip 42 No rth # Ranges 11, East of the Third Principal Meridian, oording to the Plat thereof recorded 0etober 2 1979: as dZument #251733620 a1j� in. Cook Ccsu ty, Illinois. See Plat of Survey #8169 1"dated Janiiary 14, 1980, revised February 34, 1980 and July 31, 1980, herewith. a at� I cp_,��r� Albert G Schuai.tt, President Illinois Registered. Lend Sur- veyor #1353, ORDINANCE NO. AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 412 BUSINESS CENTER DRIVE MOUNT PROSPECT, ILLINOIS WHEREAS, Harbor Athletic Training, Inc. ( "Petitioner "), has filed a petition fora Conditional Use permit with respect to property located at 412 Business Center Drive ( "Property ") and legally described as follows: Lot 1 in Kensington Center, Phase one, being a Subdivision in the East half of Section 34, and the West half of Section 35, in Township 42 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois. — Containing 3.0242 Acres Property Index Number: 03 -35- 103 - 001 -0000 WHEREAS, the "Petitioner" seeks a Conditional Use permit to operate a sports training and teaching establishment; and WHEREAS, a Public Hearing was held on the request for a Conditional Use permit being the subject of PZ -14 -12 before the Planning and Zoning Commission of the Village of Mount Prospect on the 28th day of June, 2012, pursuant to proper legal notice having been published in the Mount Prospect Journal & Topics on the 13 day of June, 2012; and WHEREAS, the Planning and 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- 14 -12; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have given consideration to the request herein and have determined that the request meets the standards of the Village and that the granting of the proposed Conditional Use permit would be in the best interest of the Village. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENTAND 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 The President and Board of Trustees of the Village of Mount Prospect do hereby grant a Conditional Use permit, to allow the operation of a sports training and teaching establishment at 412 Business Center Drive. SECTION THREE: Approval of the Conditional Use permit is subject to complying with the following conditions: 1) No more than thirty (30) students and seven (7) staff members attend the facility at one time unless other parking arrangements have been agreed upon with the property owner and approved by the Village; 2) The Petitioner modifies the tenant space in accordance to all applicable building and fire codes for a new assembly occupancy. 3) One (1) additional parking space is provided for a total of fifty -seven (57) spaces on site. Page 2/2 PZ- 14 -12, 412 Business Center Drive SECTION FOUR The Village Clerk is hereby authorized and directed to record a certified copy of this Ordinance with the Recorder of Deeds of Cook County. SECTION FIVE This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this _ day of July, 2012. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk H: \CLKO \WIN \ORDINANCE2 \C USE 412 Business Center Drive PZ 14 12 Harbor Athletic Training.doc Village of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: VILLAGE TRUSTEES, VILLAGE MANAGER, AND INTERESTED PARTIES • 1 ,�� Pte` FROM: MAYOR IRVANA K. WILKS n ^ DATE: MARCH 21, 2012 � = , SUBJECT: ANNIVERSARY OF 100 "YEAR OF INCORPORATION The Village of Mount Prospect will celebrate its 100 year of incorporation in 2017 — in years. I would like to establish a commission to help us celebrate that historic occasion. Last year, Lil (who has sadly passed away) and Leo Floros, and Gerald L. "Skip" and Janice Farley met with Mike Janonis and me to remind us of the approaching anniversary. To celebrate the 75 anniversary in 1992, former Mayor Farley had named the Floros's and Janice to co -chair that celebration. That anniversary dinner became the template for our Celestial Celebration which is still held on the 1 Saturday each February. They have saved scrapbooks and boxes full of pictures, news clippings and event brochures to provide a historical context. I envision a commission that would have members and staff liaisons (as do all of our commissions) and also have a line item in the future budgets. Because it is constituted by the Village the Mayor, Village Trustees and Administration would have oversight of the Commission. The Commission's responsibilities would include but not be limited to the following: 1. members drawn from other commissions, Historical Society, residents, businesses, and any others who can help; 2. would hold regular meeting meetings advertised by the Village Clerk; 3. adhere to the Open Meetings Act; 4. would have Village funding , but also raise funds outside of the budget; 5. expend funds as needed with oversight from the Village Board; 6. would establish its own working timetable; 7. would dissolve within 2 years following the Anniversary date. I would like for our 100 Anniversary to be honored in the best possible way. Doing it as a commission rather than a working subcommittee or any other structure, makes sense to me. These are merely thoughts and I welcome input from others. ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 5 ENTITLED "BOARDS AND COMMISSIONS" 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: Anew Article XIII entitled "Mount Prospect Centennial Commission" to Chapter 5 entitled "Boards and Commissions" of the Mount Prospect Village Code shall be added to be and read as follows: ARTICLE XIII MOUNT PROSPECT CENTENNIAL COMMISSION 5.1301: CREATION AND PURPOSE: There is hereby established a Centennial Commission of the Village of Mount Prospect to plan and promote a coordinated effort to celebrate the Village of Mount Prospect's centennial year. 5.1302: MEMBERSHIP: A. The Centennial Commission shall consist of seven (7) to fourteen (14) members as may be determined by the Village President. All members shall reside or work in the Village. B. The membership of this Commission, including the Chairperson, shall be appointed by the Village President with the advice and consent of the Board of Trustees and shall consist of persons from community organizations that have previously shown an interest in the cultural life of the Village. C. The term of office for the members shall be for a period of six (6) years. Members of this Commission shall serve without compensation. 285022_1 5.1303: ORGANIZATION: A. Immediately upon the naming of the member, the Centennial Commission shall select from its members a vice chair and a secretary. The persons so selected shall serve in those positions. Those positions may be rotated among the membership at the discretion of the chairperson. B. The Commission shall keep written minutes of all meetings. "Roberts Rules of Order, Newly Revised," current edition, shall govern the conduct of its meetings. C. All meetings of the commission shall be public meetings and minutes of meetings shall be available for examination in the office of the Village Clerk during regular business hours. 5.1304: DUTIES AND RESPONSIBILITIES: The Commission will perform and exercise the following functions: A. Cooperate with the Village President, Board of Trustees, Village staff and various community organizations to develop a program that will appropriately and officially commemorate the Village's Centennial year. B. Recommend such actions to the Board of Trustees as it may deem appropriate to carry out its responsibilities. C. All activities organized by the Commission shall be conducted within the financial constraints placed upon the Commission as established by the President and Board of Trustees through passage of the annual budget for the Village. Any proposed expenditures or financial commitments of the Commission are subject to the written approval of the Village Manager. D. The Commission shall have the power and authority to solicit and /or accept contributions of cash and in -kind services or products in furtherance of the promotion and /or staging of any special events. E. The Commission shall have the authority to enter into agreements with participants, organizations and /or groups solicited by the Commission to participate in the specific events organized by the Commission, so long as such agreements are within the restrictions set forth in (C) above. 5.1305: MEETINGS: The Centennial Commission shall meet on a regular basis, but not less often than bi- monthly. Special meetings of the Commission may be called by the Chairperson. The meeting schedule will be determined by the Commission. Any 285022_1 person shall be reasonably entitled to appear and be heard on any matter before the Commission. 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. AYES: NAYS: ABSENT: PASSED and APPROVED this day of , 2012 Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk 285022_1 Village of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM 1 li TO: VILLAGE MANAGER MICHAEL E. JANONIS FROM: ASSISTANT VILLAGE MANAGER DATE: JUNE 14, 2012 SUBJECT: IDENTITY PROTECTION POLICY .lft� �. .mot The Village Board originally adopted the policy on April 19 2011. At updated Identity Protection Policy that was recently clarified by the 7 Circuit Court of Appeals. This policy is mandated to be adopted through resolution in order to confirm compliance. The necessary forms required by staff to administer the policy are all in place and being utilized already. The recommended adoption of this resolution could be classified as "housekeeping" by staff. Staff will be present in case there are any questions. DAVID STRAHL HAVILM\BRDSCOMM \Identity Protection Policy VB Memo.docx 20 N. Wacker Drive, Ste 1660 Chirago, Illinois 60606 -2903 T 312 98 4 6400 F 311 984 6444 DD 312 984 6468 gawagner @ktjlaw.com May 31, 2012 VIA EMAIL (Mianonis @mountnros>pect.org) Mr. Michael Janonis Village Manager Village of Mount Prospect 50 S. Emerson Street Mount Prospect, Illinois 60656 Re : Update — Identity Protection Policy Dear Mike: 15010 S. Ravinia Avenue Ste 10 Orland Park, Illinois 60462 -5353 T 708 349 3888 F 708 349 1506 www.ktjlaw.com As you know, we prepared the Village of Mount Prospect's Identity Protection Policy with Regard To Collection, Use, Disclosure and Protection of Individuals' Social Security Numbers, as a result of the Illinois Identity Protection Act, and provided training to all Village employees, who were affected by the policy. As an update, the Seventh Circuit in Gonzalez v. Village of West Milwaukee, 671 F.3d 649 (7` Cir. 2012), recently decided that certain provisions of the federal Privacy Act, 5 U.S.C. 552(a), apply to local governments in regard to their use of social security numbers ( "SSNs "). Section 7 of that Act states as follows: Sc. 7(a)(1) It shall be unlawful for any Federal, State or local government agency to deny to any individual any right, benefit, or privilege provided by law because of such individual's refusal to disclose his social security account number. (2) the provision of paragraph (1) of this subsection shall not apply with respect to — (A) any disclosure which is required by Federal statute, or (B) any disclosure of a social security number to any Federal, State, or local agency maintaining a system of records in existence and operating before January 1, 1975, if such disclosure was required under statute or regulation adopted prior to such date to verily the identity of an individual. (b) Any Federal, State or local government agency which requires an individual to disclose his social security account number shall inform that individual whether that disclosure is mandatory or voluntary, by what statutory or other authority such number is solicited, and what uses will be made of it. The plaintiff in Gonzalez was an arrestee, who brought Section 1983 actions against the Village and arresting officers, alleging false arrest, unconstitutional seizure of property and violations of the Privacy Act. The Privacy Act claim was based upon the officers' requesting his social security (and other identifying information) and telling him that he would be incarcerated over the weekend if he did not disclose it. The Seventh Circuit found that there was no violation as the evidence did not support a denial of any right, benefit or privilege or threat to deny because of his refusal to disclose his SSN. However, the court did find that Section 7 applies to local governments. Whether or not a violation would be enforceable through Section 1983, was left unanswered with reviewing courts not in agreement. That Court did not address 42 U.S.C. 408(a)(8), which provides that it is a felony to disclose, use or compel disclosure of an SSN in violation of the laws of the United States. 287933_1 Mike Janonis Page 2 of 3 May 31, 2012 As a result, the Village's request of SSNs should comply with Section 7 of the federal Privacy Act. The Village's present policy requires that a statement of the purpose(s) for collecting and using the SSN be given to the individual, while Section 7 also requires that the individual be informed whether the request for disclosure is mandatory or voluntary, and by what statutory or other authority the SSN is being solicited. Based upon Gonzalez, we believe that the Village's policy and its Request For/Use of Social Security Number form (the "Request For/Use of SSN Form ") should be amended to include those Section 7 requirements. Since the Policy was adopted by the Village Board, its amendment will require the Board's approval, and all officers and employees must be advised of the amendment with copies of the amended Policy made available to them.. The draft Request For/Use of SSN Form now references certain statutes that require local governments to collect SSNs for tax - related purposes, e.g., 8 CFR 274a.2 (1 -9), 20 CFR 422.114 (IRS instructs employers to file annual wage reports with SSN), 86 Ill. Adm. Code 86 § 100.7200 (employers are required to provide employees with W -2, W -2g or 1099 -R). In addition, the Form cites the authority of police officers under state law (65 ILCS 5/3.1- 15 -25) to enforce state laws, which includes Identity Theft, 720 ILCS 5/16 -30 et seq. However, I found no specific statutory authority for the collection and use of SSNs for credit reports for background employment purposes, which appears to be permitted under the federal Fair Credit Reporting Act, 15 USC 1681 et seq., though the use of credit reports for employment requires that a bona fide occupational requirement exist, as defined in the Illinois Employee Credit Privacy Act, 820 ILCS 70/1 et seq. In addition, I found no specific statutory authority for health insurance companies to require SSNs. Therefore, the collection and use of SSNs for credit reports and insurance are of concern and the Form merely cites to Village policy and the Employee Credit Privacy Act, and third party requirements, respectively. The Form also includes a reference to whether the request is voluntary or mandatory, as required by the Federal Privacy Act. The "Voluntary" reference is qualified by explaining that the failure to provide the SSN may result in the inability of the Village to process a request or finalize employment processing (to the extent not prohibited by law), which should give the Village some flexibility in the event that it cannot, for example, obtain a full credit check without an SSN. Of further concern is the fact that we previously recommended that the Police Department could, in lieu of issuing the written Request For/Use of SSN Form to an arrestee, include a box on police reports to document that such notice had been given verbally. Having consulted with the Illinois State Police and again verified that the Illinois Bureau of Identification does not require an SSN to report the arrest of an individual, we question the need for the Police Department to request SSNs for arrests. In fact, it would appear that the only time that an SSN would actually be necessary is to investigate fraud or identity theft. As a result, I spoke to Deputy Chief Semkiu, who agreed to discontinue requesting SSNs from individuals who are arrested. Similarly, I suggest that all departments consider whether or not there is a need for their collection of SSNs and, if there is no actual need, that collection cease. Finally, effective January 1, 2012, Illinois Supreme Court Rule 138, recently renumbered Rule 15, prohibits parties from including SSNs in documents filed with the court, including exhibits, unless required by law or order by court, and then subject to certain filing requirements. This is another example of the strict limitations being imposed on the use of SSNs and Village staff, which have occasion to file documents with the court that may contain SSNs, need to be apprised of this new restriction. Attached please find an amended Policy and Form for your review. Let me know if you have any questions. 2879331 Mike Janonis Page 3 of 3 May 31, 2012 Sincerely, KLEIN, THORPE & JENKINS, LTD. George A. Wagner Partner cc: Dave Strahl, Assistant Village Manager Police Chief John Dahlberg Deputy Police Chief Michael Semkiu Everette M. Hill, Jr., Village Attorney 2879331 Village of Mount Prospect Identity Protection Policy With Regard to the Collection, Use, Disclosure and Protection of Individuals' Social Security Numbers Amended , 2012 This Village of Mount Prospect Policy with Regard to the Collection, Use, Disclosure and Protection of Individuals' Social Security Numbers is intended to comply with the Illinois Identity Protection Act, 5 ICLS 179/1 et seq. 1. Definitions: A. "Policy" means this Village of Mount Prospect Policy with Regard to the Collection, Use, Disclosure and Protection of Individuals' Social Security Numbers. B. "Act" means the Identity Protection Act, 5 ICLS 179/1 et seq., created by Public Act 96 -0874. C. "Village" means the Village of Mount Prospect, Cook County, Illinois. 2. Prohibited Activities: A. No officer or employee of the Village shall do any of the following: (1) Intentionally communicate or otherwise intentionally make available to the general public, in any manner, an individual's social security number. (2) Print an individual's social security number on any card required for the individual to access products or services provided by the Village. (3) Require an individual to transmit his or her social security number over the Internet, unless the connection is secure or the social security number is encrypted. (4) Print an individual's social security number on any materials that are mailed to the individual, through the U.S. Postal Service, any private mail service, electronic mail or any similar method of delivery, unless State or federal law requires the social security number to be on the document to be mailed. Notwithstanding any provision in this subsection to the contrary, social security numbers may be included in applications and forms sent by mail, including, but not limited to, any material mailed in connection with the administration of the Unemployment Insurance Act, any material mailed in connection with any tax administered by the Illinois Department of Revenue, and documents sent as part of an application or enrollment process or to establish, amend or terminate an account, contract or policy or to confirm the accuracy 2892281 1 of the social security number. A social security number that may permissibly be mailed under this subsection may not be printed, in whole or in part, on a postcard or other mailer that does not require an envelope, or be visible on an envelope without the envelope having been opened. B. Except as otherwise provided in this Policy, no officer or employee of the Village shall do any of the following: (1) Collect, use or disclose a social security number from an individual, unless: (i) required to do so under State or federal law, rules or regulations, or the collection, use or disclosure of the social security number is otherwise necessary for the performance of that officer's or employee's official duties and responsibilities; (ii) the need and purpose for the social security number is documented before collection of the social security number; and (iii) the social security number collected is relevant to the documented need and purpose. (2) Require an individual to use his or her social security number to access an Internet website. (3) Use the social security number of an individual for any purpose other than the purpose for which it was collected. C. The prohibitions in subsection B. above do not apply in the following circumstances: (1) The disclosure of social security numbers to agents, employees, contractors or subcontractors of the Village, or disclosure to another governmental entity or its agents, employees, contractors or subcontractors, if disclosure is necessary in order for the Village to perform its duties and responsibilities; and, if disclosing to a contractor or subcontractor, prior to such disclosure, the officer or employee of the Village must first receive from the contractor or subcontractor a copy of the contractor's or subcontractor's policy that sets forth how the requirements imposed under this Policy on the Village, to protect an individual's social security number, will be achieved. (2) The disclosure of social security numbers pursuant to a court order, warrant or subpoena. 289228_1 (3) The collection, use or disclosure of social security numbers in order to ensure the safety of: (i) Village employees; (ii) persons committed to correctional facilities, local jails and other law- enforcement facilities or retention centers; (iii) wards of the State; and (iv) all persons working in or visiting a Village facility. (4) The collection, use or disclosure of social security numbers for internal verification or administrative purposes. (5) The collection or use of social security numbers to investigate or prevent fraud, to conduct background checks, to collect a debt, to obtain a credit report from a consumer reporting agency under the federal Fair Credit Reporting Act, to undertake any permissible purpose that is enumerated under the federal Gramm Leach Bliley Act, or to locate a missing person, a lost relative or a person who is due a benefit, such as a pension benefit or an unclaimed property benefit. D. Any previously adopted standards of the Village, for the collection, use or disclosure of social security numbers, that are stricter than the standards under this Policy with respect to the protection of those social security numbers, shall, in the event of any conflict with the provisions of this Policy, control. 3. Public Inspection and Copying of Documents: Notwithstanding any other provision of this Policy to the contrary, all officers and employees of the Village must comply with the provisions of any other State law with respect to allowing the public inspection and copying of information or documents containing all or any portion of an individual's social security number. All officers and employees of the Village must redact social security numbers from the information or documents before allowing the public inspection or copying of the information or documents, as such information is exempt from disclosure under the Freedom of Information Act, pursuant to 5 ILCS 140/7(1)(b) as "private information, " as defined by 5 ILCS 140/2(c -5). 4. Applicability: A. This Policy does not apply to the collection, use or disclosure of a social security number as required by State or federal law, rule or regulation. B. This Policy does not apply to documents that are required to be open to the public under any State or federal law, rule or regulation, applicable case law, Supreme Court Rule or the Constitution of the State of Illinois. 289228_1 5. Compliance with Federal Law: If a federal law takes effect requiring any federal agency to establish a national unique patient health identifier program, the Village's compliance with said program shall not be deemed a violation of this Policy or the Act. 6. Embedded Social Security Numbers: No officer or employee of the Village may encode or embed a social security number in or on a card or document, including, but not limited to, using a bar code, chip, magnetic strip, RFID technology or other technology, in place of removing the social security number as required by this Policy. 7. Identity- Protection Requirements: A. All officers and employees of the Village, identified as having access to social security numbers in the course of performing their duties, shall receive training in regard to protecting the confidentiality of social security numbers. Said training shall include instructions on the proper handling of information that contains social security numbers from the time of collection through the destruction of the information. B. Only officers and employees of the Village who are required to use or handle information or documents that contain social security numbers shall have access to such information or documents. C. Social security numbers requested from an individual shall be provided in a manner that makes the social security number easily redacted if required to be released as part of a public records request. D. Statement of Purpose 1. When collecting a social security number, or upon request by the individual providing the social security number, a statement of the purpose or purposes for which the Village is collecting and using the social security number shall be provided. 2. The statement of purpose shall also inform the individual whether disclosure is mandatory or voluntary, and by what statutory or other authority the social security number is solicited, as required by the federal Privacy Act of 1974, 5 USC 552(a). 3. The format for such statement of purpose is attached as Attachment 1 to this Policy. E. The federal Privacy Act also prohibits the Village from denying an individual any right, benefit, or privilege provided by law because the individual refuses to disclose his /her social security account number, unless required by federal statute or the disclosure is to a local agency 289228_1 maintaining a system of records in existence before January 1, 1975, where required by statute or regulation to verify the identify of an individual. Therefore, an individual will not be denied any right, benefit or privilege provided by law because he or she refuses to disclose his /her social security number unless disclosure is required by federal law. F. A written copy of this Policy and any amendments thereto shall be filed with the Village Board within thirty (30) days after approval of this Policy or any amendments thereto. G. The Village Manager shall make sure that all officers and employees of the Village are aware of the existence of this Policy, and shall make a copy of this Policy available to each officer and employee. If the Village amends this Policy, then the Village Manager shall advise all officers and employees of the Village of the existence of the amended Policy, and shall make a copy of the amended Policy available to each officer and employee of the Village. H. The Village shall make this Policy available to any member of the public, upon request. 8. Violation: Any person who intentionally violates the prohibitions in Section 10 of the Act (which are set forth in Sections 2.A. and 2.13. of this Policy) shall, pursuant to the Act, be guilty of a Class B misdemeanor. 9. This Policy does not supersede any more restrictive law, rule or regulation regarding the collection, use or disclosure of social security numbers. 289228_1 STATEMENT OF PURPOSE(S) ATTACHMENT 1 FOR WHICH THE VILLAGE OF MOUNT PROSPECT IS COLLECTING AND USING A SOCIAL SECURITY NUMBER What does the Village of Mount Prospect do with your Social Security Number? The Illinois Identity Protection Act, 5 ILCS 179/1 et seq., requires local governments to implement an Identity Protection Policy that includes a statement of the purpose for requesting and using an individual's Social Security number (SSN). Why do we collect your Social Security number? You are being asked for your SSN for one or more of the following reasons: [For staff use: Identify the specific purpose(s) and supporting information] M means mandatory; V means voluntary* Employment (May be used for internal verification and administrative purposes unless prohibited by law) Tax- related: V pursuant to state and federal laws /regulations, e.g., 8 CFR 274a.2 (I -9); 20 CFR 422.114 (W -2); 86 Ill.Adm.Code 100.7200 (W -2); See IRS Publication 15, Employer's Tax Guide; Background: V pursuant to Village policy & Illinois Employee Credit Privacy Act, 820 ILCS 70/1 et seq.; rd Employment benefits, e.g., health insurance: V pursuant to 3 party requirements. _ Law enforcement investigation - Case No: : V, pursuant to 720 ILCS 5/16 -30 or such other state /federal laws related to identity theft. Grant /loans using state /federal funds: V pursuant to state and federal laws /regulations, e.g., Other: (Cite Applicable Statute Or Regulation) , pursuant to V/M (circle as applicable) * If voluntary, the failure to provide a Social Security Number may result in the inability to process a request or finalize employment processing (to the extent not prohibited by law). What do we do with your Social Security number? We will only use your SSN for the purpose for which it was collected or as otherwise required by law. We will not: • Sell, lease, loan, trade, or rent your SSN to a third party for any purpose; • Publicly post or publicly display your SSN; • Print your SSN on any card required for you to access our services; • Require you to transmit your SSN over the Internet, unless the connection is secure or your SSN is encrypted; or • Print your SSN on any materials that are mailed to you, unless State or Federal law requires that number to be on documents mailed to you, or unless we are confirming the accuracy of your SSN. Questions or Complaints about this Statement of Purpose: Village Manager, Village of Mount Prospect, 50 South Emerson Street, Mount Prospect, Illinois 60056, 847 - 818 -5300. 289228_1 RESOLUTION NO. 12-11 A RESOLUTION APPROVING A POLICY FOR THE COLLECTION, USE, DISCLOSURE AND PROTECTION OF INDIVIDUALS' SOCIAL SECURITY NUMBERS WHEREAS, the Identity Protection Act, 5 ILCS 179/1 et seq. (the "Act'), requires units of local government to adopt rules regarding the use individuals' social security numbers; and WHEREAS, the Act requires units of local government to adopt an identity protection Jun 1, 2011 • and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have considered an identity protection policy, addressing the use and protection of social security numbers, a copy of which is attached hereto and made a part hereof as EXHIBIT "A" (the "Policy "), and have determined that said Policy is in the best interests of the Village and complies with the aforementioned Act. NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE MOUNT PROSPECT, COOK COUNTY, ILLINOIS, PURSUANT TO ITS HOME RULE POWERS: SECTION 1: The recitals set forth above are incorporated herein as if fully set forth. SECTION 2: The Policy is hereby adopted and approved. The Village of Mount Prospect and all its officers and employees are subject to the provisions of the attached Policy, and shall follow and abide by the provisions thereof. SECTION 3: The Village Clerk shall cause a copy of this Resolution and the attached Policy to be delivered to each officer and employee of the Village who is subject to the provisions of the Policy. SECTION 4: This Resolution shall be in full force and effect from and after its adoption and approval as provided by law. AYES: Hoefert, Juracek, Korn, Matuszak, Polit, and Zadel NAYS: None ABSENT: None PASSED and APPROVED this 19th day of April, 2011. ana K. Wilks Mayor ATTEST: M. is Angel Village Clerk 266887_1 V11I ,bf Mount Prospect Identity Protection Polk With -- Regard to the Use, Disclosure and Individuals' Social Security Numbars. ..� ...., .. This Village of Mount Prospect Policy with Regard to the Collection, Use, Disclosure and Protection of Individuals' Social Security Numbers is intended to comply with the Illinois identity Protection Act, 5 ICLS 17911 at seq. 1. Definitions: A. "Policy" means this Numbers. of Mount Prospect Policy with Regar to the B. "Act" means the Identity Protection Act, 5 ICLS 179/1 et seq., created by Public Act 96 -0874. C. 'Village" means the Village of Mount Prospect, Cook County, Illinois. 2. Prohibited Activities: A. No officer or employee of the Village shall do any of the following: (1) Intentionally communicate or otherwise intentionally make available to the general public, in any manner, an individual's social security number. (2) Print an individual's social security number on any card required for the Individual to access products or services provided by the Village. (3) Require an Individual to transmit his or her social security number over the Internet, unless the connection Is secure or the social security number is encrypted. (4) Print an individual's social security number on any materials that are mailed to the Individual, through the U.S. Postal Service, any private mail service, electronic mail or any similar method of delivery, unless State or federal law requires the social security number to be on the document to be mailed. Notwithstanding any provision in this subsection to the contrary, social security numbers may be included in applications and forms sent by mail, including, but not limited to, any material mailed in connection with the administration of the Unemployment Insurance Act, any material mailed in connection with any tax administered by the Illinois Department of Revenue, and documents sent as part of an . application,. or enrollment process or to establish, amend or , - terminate -an account, contract or policy or to confirm the accuracy c.-Wocuments and setts IdstraMllocal settings WnPrery Internetfll eslcontent.outlooklytgzbj security number confidentle ity poky 4 -15-11 q wagner.doc A of the social security number. A social security �ber that may permissibly be mailed under this subsection.., y,. nod, be printed, In ,.. whole or in part, on a postcard or other mailer that d -not require an envelope, or be visible on •an- envelope without the- envelope having been opened. B. Except as otherwise provided in this Policy, no officer or employee of the Village shall do any of the following: (1) Collect, use or disclose a social security number from an individual, unless: regulations, or the collection, use or disclosure of the social security number is otherwise necessary for the performance of that officer's or employee's official duties and responsibilities; (ii) the need and purpose for the social security number is documented before collection of the social security number; and (iii) the social security number collected is relevant to the documented need and purpose. (2) Require an individual to use his or her social security number to access an Internet website. (3) Use the social security number of an individual for any purpose other than the purpose for which it was collected. C. The prohibitions in subsection B. above do not apply in the following circumstances: (1) The disclosure of social security numbers to agents, employees, contractors or subcontractors of the Village, or disclosure to another governmental entity or its agents, employees, contractors or subcontractors, if disclosure is necessary in order for the Village to perform its duties and responsibilities; and, if disclosing to a contractor or subcontractor, prior to such disclosure, the officer or employee of the Village must first, receive from the contractor or subcontractor a copy of the contractor's or subcontractor's policy that sets forth how the requirements imposed under this Policy on the Village, to protect an individual's social security number, will be achieved. (2) The disclosure of social security numbers pursuant to a court order, warrant or subpoena. 2 cAdocuments and settingsldstrahNocal settingMtemporary internet files lcontent.cutlooklytgzbj5tlsocial security number confidentiality policy 415- 11_ktj_wagner.doc (3) - 'TMO or- disclosure social secu(ity numbers in order ..� ...... . ,., to ensure the safety of: (i) Village employees; persons committed to correctional facilities, local jails and other law - enforcement facilities or retention centers; (Ili) wards of the State; and (iv) all persons working in or visiting a Village facility. (4) The collection, use or disclosure of social security numbers for internal verification or administrative purposes. (5) The collection or use of social security numbers to investigate or prevent fraud, to conduct background checks, to collect a debt, to obtain a credit report from a consumer reporting agency under the federal Fair Credit Reporting Act, to undertake any permissible purpose that is enumerated under the federal Gramm Leach Bliley Act, or to locate a missing person, a lost relative or a person who is due a benefit, such as a pension benefit or an unclaimed property benefit. D. Any previously adopted standards of the Village, for the collection, use or disclosure of social security numbers, that are stricter than the standards under this Policy with respect to the protection of those social security numbers, shall, in the event of any conflict with the provisions of this Policy, control. 3. Public Inspection and Copying of Documents: Notwithstanding any other provision of this Policy to the contrary, all officers and employees of the Village must comply with the provisions of any other State law with respect to allowing the public inspection and copying of information or documents containing all or any portion of an individual's social security number. All officers and employees of the Village must redact social security numbers from the information or documents before allowing the public inspection or copying of the information or documents, as such information is exempt from disclosure under the Freedom of Information Act, pursuant to 5 ILCS 140/7(1)(b) as "private information, " as defined by 5 ILCS 140/2(c -5). 4. Applicability: A. This Policy does not apply to the collection, use or disclosure of a social security number as required by State or federal law, rule or regulation. 3 cmccuments and settingsldstrahNocal settingsltemporary internet fil es lcontent.oudooklytgzbj5tlsocial security number confidentiality policy 415 -11_k_ wagner.doc B. :S Policy does not apply to documents that are requ, o be open to the public under .any_ State or _ federal ; law,, rule. or -,rq, u on.,, applicable case law, Supreme Court Rule or the Constitution of the State of Illinois. 5. Compliance with Federal Law: If a federal law takes effect requiring any federal agency to establish a national unique patient health identifier program, the Village's compliance with said program shall not be deemed a violation of this Policy or the Act. 6. Embedded Social Security Numbers: NotcHice _ _ slat se IN. number in or on a card or document, including, but not limited to, using a bar code, chip, magnetic strip, RFID technology or other technology, in place of removing the social security number as required by this Policy. 7. Identity - Protection Requirements: A. All officers and employees of the Village, identified as having access to social security numbers in the course of performing their duties, shall receive training in regard to protecting the confidentiality of social security numbers. Said training shall include instructions on the proper handling of information that contains social security numbers from the time of collection through the destruction of the information. B. Only officers and employees of the Village who are required to use or handle information or documents that contain social security numbers shall have access to such information or documents. C. Social security numbers requested from an individual shall be provided in a manner that makes the social security number easily redacted if required to be released as part of a public records request. D. When collecting a social security number, or upon request by the individual providing the social security number, a statement of the purpose or purposes for which the Village is collecting and using the social security number shall be provided. The format for such statement of purpose is attached as Attachment 1 to this Policy. E. A written copy of this Policy and any amendments thereto, shall be filed with the Village Board.within thirty (30) days after approval of this Policy or any amendments thereto. F. The Village Manager shall make sure that all officers and employees of the Village are aware of the existence of this Policy, and shall make a copy of this Policy available to each officer and employee. If the Village amends this Policy, then the Village Manager shall advise all officers and 4 c:\documents and settingeWstrahlMocal settings\temporary internet files\ content.outlook\ytgzbj5tlsocial security number confldentiality policy_415 -11 kQ_wagner.doc , el �ees of the Village of the existence of the amended F ,! and shall make a -oopy a -A— mended - Policy available to each officer - and - employee of the Village �. G. The Village shall make this Policy available to any member of the public, upon request. 8. Violation: Any person who intentionally violates the prohibitions in Section 10 of the Act (which are set forth in Sections 2.A. and 2.8. of this Policy) shall, pursuant to the Act, be guilty of a Class B misdemeanor. 9. This Policy does not supersede any more restrictive law, rule or regulation regarding the collection, use or disclosure of social security numbers. 5 c ldocuments and setgngsldstrahMocal settings%temporary internet fileslcontent outlooklytgzbj5tlsocial security number confidentiality policy_4-15-11 k4_wagner doc ATTACHMENT 1 STATEMENT OF PURPOSES) - FORWHICH THE•VILL-AGE OF MOUNT PROSPECT IS COLLECTING AND USING A SOCIAL SECURITY NUMBER What does the Village of Mount Prospect do with your Social Security Number? The Illinois Identity Protection Act, 5 ILCS 179/1 et seq., requires each local and State government agency to draft, approve, and implement an Identity Protection Policy. In accordance with that Policy, the Village is providing you with this statement of purpose for which it is collecting and using your Social Security number (SSN), because you statement. Why do we collect your Social Security number? You are being asked for your SSN for one or more of the following reasons: [ IDENTIFY THE SPECIFIC PURPOSES] ❑ Complaint mediation or investigation; ❑ Vendor services, such as executing contracts and/or billing; ❑ Law enforcement investigation; ❑ Child support collection; ❑ Internal verification; ❑ Administrative services; and /or ❑ Other. What do we do with your Social Security number? We will only use your SSN for the purpose for which it was collected. We will not: • Sell, lease, loan, trade, or rent your SSN to a third party for any purpose; • Publicly post or publicly display your SSN; • Print your SSN on any card required for you to access our services; • Require you to transmit your SSN over the Internet, unless the connection is secure or your SSN is encrypted; or -o Print your SSN on any materials that are mailed to you, unless State or Federal law requires that number to be on documents mailed to you, or unless we are confirming the accuracy of your SSN. Questions or Complaints about this Statement of Purpose Write to: Village Manager Village of Mount Prospect 50 South Emerson Street Mount Prospect, Illinois 60056 1 cAdocuments and settingsldstraMocal settings%temporary Intemet filestcorrtent .outlooklytgzbj5tlsocial securlty number confidentiality poiicy_4- 15- 1 1_ktLwagner.doc 2 I � . . . L ...., .. .. e . . i . .— READ CAREFULLY BEFORE SIGNING ACKNOWLEDGMENT OF RECEIPT OF VILLAGE OF MOUNT PROSPECT IDENTITY PROTECTION POLICY 1. This is to certify that I have received a copy of the Village of Mount Prospect Identity Protection Policy With Regard To The Collection, Use, Disclosure and Protection of Individuals' Social Security Numbers (the "Policy '}, as adopted by the Village of Mount Prospect President and Board of Trustees. 2. I acknowledge that it is my responsibility to read it and become familiar with its rules, policies and procedures governing the disclosure and protection of individuals' social security numbers. 3. I agree that I will comply with the rules, policies, and procedures therein described, and any revisions thereto, and I understand that my failure to do so may lead to disciplinary action being taken against me, including termination of my employment with the Village. 4. I acknowledge that I have been given ample opportunity to review the contents of this Policy. I understand that I should discuss the contents of the Policy with my supervisor or the head of my department regarding any questions not answered in the Policy SIGNATURE OF EMPLOYEES DATE Witness: NAME AND JOB TITLE DATE cAdocuments and settings\dstrahl\local settings \temporary internet files \contentoutlocLAytgzbi5t\social security number policy acknowledgement form ktj 4- 15- 11.doc RESOLUTION NO. A RESOLUTION APPROVING THE VILLAGE OF MOUNT PROSPECT IDENTITY PROTECTION POLICY WITH REGARD TO THE COLLECTION, USE, DISCLOSURE AND PROTECTION OF INDIVIDUALS' SOCIAL SECURITY NUMBERS AMENDED 2012 WHEREAS, the Identity Protection Act, 5 ILCS 179/1 et seq. (the "Act "), requires units of local government to adopt rules regarding the use individuals' social security numbers; and WHEREAS, pursuant to the "Act," the President and Board of Trustees of the Village of Mount Prospect adopted an identity protection policy, addressing the use and protection of social security numbers on April 19, 2011; Resolution No. 12 -11. WHEREAS, the Identity Protection Policy adopted by RES 12 -11 has been amended in accordance with recent rulings by the 7 th Circuit of Appeals and the January 1, 2012 renumbering of the "Act" by the Illinois Supreme Court; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have considered the amended identity protection policy, addressing the use and protection of social security numbers, a copy of which is attached hereto and made a part hereof as EXHIBIT "A" (the "Amended Policy "), and have determined that said amended Policy is in the best interests of the Village and complies with the aforementioned Act. NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE MOUNT PROSPECT, COOK COUNTY, ILLINOIS, PURSUANT TO ITS HOME RULE POWERS: SECTION 1 : The recitals set forth above are incorporated herein as if fully set forth. SECTION 2 : The Amended Policy is hereby adopted and approved. The Village of Mount Prospect and all its officers and employees are subject to the provisions of the attached Policy, and shall follow and abide by the provisions thereof. SECTION 3 : The Village Clerk shall cause a copy of this Resolution and the attached Amended Policy to be delivered to each officer and employee of the Village who is subject to the provisions of the Amended Policy. SECTION 4 : This Resolution shall be in full force and effect from and after its adoption and approval as provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of July, 2012. Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk 266887_1 EXHIBIT "A" VILLAGE OF MOUNT PROSPECT IDENTITY PROTECTION POLICY WITH REGARD TO THE COLLECTION, USE, DISCLOSURE AND PROTECTION OF INDIVIDUALS' SOCIAL SECURITY NUMBERS AMENDED JULY 17, 2012 266887_1 Village of Mount Prospect Community Development Department MEMORANDUM TO: VILLAGE MANAGER FROM: DEPUTY COMMUNITY DEVELOPMENT DIRECTOR DATE: JULY 9, 2012 1 1?A� SUBJECT: AMENDMENT TO INTERGOVERNMENTAL AGREEMENT - NORTHWEST SUBURBAN HOUSING COLLABORATIVE In 2011 the Village of Mount Prospect entered into an intergovernmental agreement with the municipalities of Arlington Heights, Buffalo Grove, Palatine, and Rolling Meadows for the purposes of creating the Northwest Suburban Housing Collaborative. The agreement was drafted to cover the first year of the Collaborative's existence and will expire on August 30, 2012. The Collaborative's Steering Committee, which includes Community Development Department staff, is recommending the member communities amend the agreement to provide for an additional three year time period terminating on August 30, 2015. To date member communities have been meeting on a monthly basis to discuss housing related issues. The Collarborative has been successful at obtaining three grants in order to fund its operations and studies. These include a grant from the Chicago Metropolitan Agency for Planning (CMAP) to perform a "Homes for a Changing Region Study" intended to identify future housing needs of the area. The Homes Study is currently underway and to date has included a presentation to the Committee of the Whole on May 8 and a public workshop on June 12 The final plan for the study is anticipated to be completed this Fall. Two grants have also been obtained to hire a consultant to coordinate the activities of the Collaborative through 2013. The Collaborative continues to look for additional grant opportunities to support its continued work in the region. If unsuccessful the coordinator position would be eliminated and the staff of the local municipalities be tasked with these duties. The Village would not incur additional expenses if this were to occur. The Collaborative has submitted a grant application to the Department of Commerce and Economic Opportunity's (DECO) Ike Planning Program for additional funding and is awaiting word of a potential funding award. In addition to the Homes Study, examples of initiatives sponsored by the Collaborative to date include hosting seminars with local property owners and landlords regarding housing rights and property preservation. A seminar to meet with multi - family homeowners and managers is scheduled for this October to advance rental property preservation in the communities. The Intergovernmental Agreement July 17, 2012 Village Board Meeting Page 2 Collaborative is also working in conjunction with the Metropolitan PIanning Council to host a briefing at the Federal Reserve Building in Chicago to encourage banks to partner with suburban collaboratives to assist in financing redevelopment and preservation initiatives. Recommendation Staff recommends approval and signing of the Amendment to the Intergovernmental Agreement to further the collaborative housing efforts of the Northwest Suburban Housing Collaborative. Please forward this memorandum and attachments to the Village Board for their review at the July 17 meeting. I concur: �4:1- 60c', William . Cooney, J ., AICP Attachments: Amendment to Intergovernmental Agreement Resolution No. 29 -11 and Original Intergovernmental Agreement 2012 Chicago Community Trust Award Letter and Grant Record H:\PLAN\Northwest Housing Co Ila bo rativeUntergovernmental Agreement Extension VB Memo 071712.doex AMENDMENT TO INTERGOVERNMENTAL AGREEMENT NORTHWEST SUBURBAN HOUSING COLLABORATIVE THIS AMENDMENT TO AN INTERGOVERNMENTAL AGREEMENT (the "Agreement") is entered into by and between the Village of Arlington Heights ( "Arlington Heights "), the Village of Buffalo Grove ( "Buffalo Grove "), the Village of Mount Prospect ( "Mount Prospect "), the Village of Palatine ( "Palatine "), and the City of Rolling Meadows ( "Rolling Meadows ")(individually "Municipality" or "Party"; collectively, the "Municipalities" or "Parties "), all being Illinois home rule municipal corporations, with the support and assistance of the Metropolitan Mayors Caucus ( "MMC ") and the Metropolitan Planning Council ( "MPC "), both being Illinois not - for -profit corporations, for the purpose of collaborating to address housing issues in Northwest Cook County, Illinois. Although the MMC and MPC are not Municipalities or signatories to this Agreement, they agree to full their obligations set forth herein. RECITALS WHEREAS, the Municipalities entered into an Intergovernmental Agreement in August 2011 for the purpose of collaborating to address housing issues in Northwest Cook County; and WHEREAS, it is necessary to amend the Intergovernmental Agreement, NOW THEREFORE, in consideration of the foregoing premises, the mutual covenants and promises herein contained, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Municipalities hereby agree to adopt an Amended Agreement as follows: SECTION ONE: That Section 4G of the Intergovernmental Agreement, be amended as follows: G. The Committee shall act in conformance with the requirements of the Grant Award attached in Group Exhibit A, as well as the requirements of any other grants secured by the Collaborative; provided, however, that at the conclusion of the Project funded by the Grant Award, the Committee will continue to exist and will operate according to the rules of any other funding agreement which may be entered into. SECTION TWO: That Section 5A of the Intergovernmental Agreement, be amended as follows: A. The selected Consultant will enter into a contract with the Lead Municipality (the "Consultant Agreement "), which Agreement shall be based upon a Statement of Services and Deliverables as determined by the Steering Committee and consistent with requirements of the Grant Award and any other grants secured by the Collaborative and also include the responsibilities described in this Section 5 and the payment limitations described in Section 6(A). SECTION THREE: That Section 6D of the Intergovernmental Agreement, be amended as follows: D. The Lead Municipality will submit the Consultant's approved invoices to MMC for payment. MMC, as fiscal agent for the Grant Award and other grants secured by the Collaborative, will be responsible .for paying the Consultant. Under no circumstances will any payment of Grant Award funds or other funds or payments of any kind, including reimbursements, be made by or come from any Municipality. All payments owed to Consultant under this Agreement shall be made by, and are the sole responsibility of, MMC, as recipient of the Grant Award funds and other grant funds and as fiscal agent for the grants. 2715102 SECTION FOUR: That Section 7A of the Intergovernmental Agreement, be amended as follows: A. MMC and MPC have agreed to provide staff support and technical assistance, free of charge, to assist the Consultant in the performance of its work under the Consultant Agreement. As recipient of the Grant Award and other grant funds and the entity responsible for making payments to the Consultant, MMC will participate in the review of the Consultant's invoices and progress reports. SECTION FIVE: That Section 18 of the Intergovernmental Agreement, be amended by changing the Effective Date of the Amended Agreement to September 1, 2012. SECTION SIX: That Section 19 of the Intergovernmental Agreement be amended by changing the term from one year to three years, so that the Amended Agreement expires on August 31, 2015. SECTION SEVEN: Except as modified herein, all other provisions of the Intergovernmental Agreement remain in full force and effect. 271510_2 IN WITNESS WHEREOF, the Municipalities hereto have executed this Agreement on the date as set forth below and herein described. BY: Date: President Village of Arlington Heights ATTEST: BY: BY: Mayor Village of Mount Prospect Mayor Village of Buffalo Grove I Ya Mayor Village of Palatine Village Clerk Date: ATTEST: Village Clerk Date: ATTEST: Date: ATTEST: Village Clerk BY: Date: _ Mayor City of Rolling Meadows ATTEST: City Clerk Village Clerk 271510_2 RESOLUTION NO. 29 -11 A RESOLUTION AUTHORIZING THE EXECUTION OF AN INTERGOVERNMENTALAGREEMENT BETWEEN THE VILLAGES OF MOUNT PROSPECT, ARLINGTON HEIGHTS, BUFFALO GROVE, PALATINE AND THE CITY OF ROLLING MEADOWS FOR NORTHWEST HOUSING COLLABORATIVE WHEREAS, the President and Board of Trustees of the Village of Mount Prospect has deemed that the best interests of the Village may be served by entering into intergovernmental agreements; and WHEREAS, Article VII, Section 10 of the Illinois Constitution of 1970 and the Intergovernmental Cooperative Act, 5 ILCS 22011 et seq., authorize public agencies to contract or otherwise associate among themselves to obtain or share services, and to exercise, combine or transfer any power or function, in any manner not prohibited by law; and WHEREAS, the Intergovernmental Cooperation Act, 5 ILCS 22011 et sec .. (the "Act "), authorizes units of local government to exercise jointly with any public agency of the State, including other units of local government, any power, privilege or authority which may be exercised by a unit of local government individually, and to enter into agreements for the performance of governmental services, activities or undertakings; and WHEREAS, the corporate authorities of the Villages of Arlington Heights, Buffalo Grove, Mount Prospect, Palatine and the City of Rolling Meadows agree that a collaborative approach by the Municipalities to address housing issues using available state, federal and county funds, will most effectively address the housing issues in the region; and WHEREAS, the Metropolitan Mayor's Caucus (MMC), on behalf of the participating municipalities, applied for a grant from the Chicago Community Trust (`The Trust "), which grant was awarded to the MMC to support on -going inter jurisdictional housing work in northwest Illinois suburbs, as described in the Grant Application and Grant Record with Grant Conditions (the "Grant Award ") attached as Group Exhibit A and made a part hereof (the "Project "); and WHEREAS, an independent consultant (the "Consultant ") will be retained to implement the inter - jurisdictional housing work described in the Grant Application and Award, as provided in a contract to be executed by the Consultant, and a Steering Committee is created by this Agreement to direct and oversee the work of the Consultant; and WHEREAS, MMC has agreed to fund the Project, including the costs of the Consultant, in a total amount of $35,000 (the "Grant ") using the Grant funds awarded by The Trust; and WHEREAS, the corporate authorities of each Municipality agree that it is in their best interests to enter into this Intergovernmental Agreement; and WHEREAS, the various undertakings by the Municipalities set forth in this Agreement relate to the respective government and affairs of the Municipalities. 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 Board of Trustees of the Village of Mount Prospect do hereby authorize and direct the Village President to execute and the Village Clerk to attest the signature on the Agreement between the Villages of Arlington Heights, Buffalo Grove, Mount Prospect, Palatine and the City of Rolling Meadows for the Northwest Housing Collaborative Intergovernmental Agreement a copy of which is attached to and made a part of this Resolution as Exhibit "B." SECTION TWO That this Resolution shall be in full force and effective from and after its passage and approval in the manner provided by law. AYES: Hoe €ert, Juracek, Korn, Matuszak, Polit, Zadel NAYS: None ABSENT: None PASSED and APPROVED this 6 day of September, 2011 W 11na �Wilks Mayor ATTEST: "Lisa gell Village Clerk H ;%CV01tPies%W I N1RE511 ntergovt Agrmnwhousingoollaborativesept20t 1 INTERGOVERNMENTAL AGREEMENT NORTHWEST SUBURBAN HOUSING COLLABORATIVE August 3, 2011 THIS INTERGOVERNMENTAL AGREEMENT (the "Agreement ") is entered into by and between the Village of Arlington Heights ( "Arlington Heights "), the Village of Buffalo Grove ( "Buffalo Grove "), the Village of Mount Prospect ( "Mount Prospect"), the Village of Palatine ( "Palatine "), and the City of Rolling Meadows ("Rolling Meadows ")(individually "Municipality" or "Party "; collectively, the "Municipalities" or "Parties "), all being Illinois home rule municipal corporations, with the support and assistance of the Metropolitan Mayors Caucus ( "MMC ") and the Metropolitan Planning Council ( "MPC "), both being Illinois not -for- profit corporations, for the purpose of collaborating to address housing issues in Northwest Cook County, Illinois. Although the MMC and MPC are not Municipalities or signatories to this Agreement, they agree to full their obligations set forth herein. RECITALS WHEREAS, the Municipalities are home rule municipalities pursuant to Article VII, Section 6 of the 1970 Illinois Constitution, and as such, may exercise any power and perform any function related to their government and affairs; and WHEREAS, Article VII, Section 10 of the Illinois Constitution of 1970 authorizes units of local government to enter into agreements to exercise, combine or transfer any power or function not prohibited to them by law or ordinance; and WHEREAS, the Intergovernmental Cooperation Act, 5 ILCS 220/1 et sea. (the Act "), authorizes units of local government to exercise jointly with any public agency of the State, including other units of local government, any power, privilege or authority which may be exercised by a unit of local government individually, and to enter into agreements for the performance of governmental services, activities or undertakings; and WHEREAS, the corporate authorities of the Municipalities agree that a collaborative approach by the Municipalities to address housing issues using available state, federal and county funds, will most effectively address the housing issues in the region; and WHEREAS, the Metropolitan Mayor's Caucus (MMC), on behalf of the participating municipalities, applied for a grant from the Chicago Community Trust ( "The Trust "), which grant was awarded to the MMC to support on -going inter - jurisdictional housing work in northwest Illinois suburbs, as described in the Grant Application and Grant Record with Grant Conditions (the "Grant Award ") attached as Group Exhibit A and made a part hereof (the "Project "); and WHEREAS, an independent consultant (the "Consultant ") will be retained to implement the inter - jurisdictional housing work described in the Grant Application and Award, as provided in a contract to be executed by the Consultant, and a Steering Committee is created by this Agreement to direct and oversee the work of the Consultant; and WHEREAS, MMC has agreed to fund the Project, including the costs of the Consultant, in a total amount of $35,000 (the "Grant ") using the Grant funds awarded by The Trust; and WHEREAS, the corporate authorities of each Municipality agree that it is in their best interests to enter into this Intergovernmental Agreement; and WHEREAS, the various undertakings by the Municipalities set forth in this Agreement relate to the respective government and affairs of the Municipalities. NOW THEREFORE, in consideration of the foregoing premises, the mutual covenants and promises herein contained, and for other good and valuable consideration, the sufficiency of which is hereby acknowledged, the Municipalities hereby agree as follows: Section 1. Incorporation of Recitals The Recitals of this Agreement are hereby incorporated by reference into this Agreement as if fully set forth herein. Section 2. Lead Municipality The Village of Arlington Heights shall be the Lead Municipality for purposes of this Agreement. Another Municipality may replace the Village of Arlington Heights as Lead Municipality upon the Village of Arlington Height's request and the majority approval of the Steering Committee. Section 3. Establishment of Steering Committee A. A Steering Committee (the "Committee ") is created to direct, oversee and cooperate with the Consultant. In particular, the Committee will focus on: multifamily housing stabilization and preservation; condominium foreclosure strategies; engaging financial institutions in designing solutions; advancing the region's strategic plan and other local and regional housing efforts; supporting future fundraising for the Municipality's inter - jurisdictional efforts; and addressing the challenges faced by the regional increase in housing foreclosures. B. The Steering Committee shall consist of two (2) representatives from each Municipality (the "Committee Members "), appointed by the Mayor or Village President of each Municipality. One (1) of the Lead Agency's Committee Members shall be selected by that Agency's Committee Members, unless designated by that Municipality's Mayor or Village President (the "Designated Lead Municipality Representative "), to act as chair of the Steering Committee and principal liaison between the Consultant and the Committee. C. No Committee Member shall receive compensation for service on the Committee, or additional compensation if the Member is an employee or elected official of the appointing Municipality. Each Member shall continue to serve on the Committee until such time as the Member is replaced by the Mayor/Village President of the appointing Municipality. D. The Steering Committee shall be subject to and governed by the terms of this Agreement and any By -Laws adopted by the Committee as amended from time to time. In the event of a conflict between this Agreement and the Bylaws, the terms of this Agreement shall control the creation and operation of the Committee. E. The Steering Committee is not intended to be a legal entity, separate and apart from the individual Municipalities. It has no power to contract or take any other legally binding action. Section 4. Duties of Steering Committee A. The Consultant shall be selected by the Steering Committee. B. The Committee will monitor Consultant's performance of its contract obligations under the Consultant Agreement, as hereinafter defined. C. The Steering Committee will provide general direction to the Consultant, and will identify priorities for the Project. D. The Designated Lead Municipality Representative shall act as Chair of the Committee and day to day liaison between the Committee and the Consultant. E. MMC will work with the Consultant and the Steering Committee to determine the initiatives that the Consultant will undertake. The Committee, or its designee, will meet with the Consultant and MMC periodically (but no less than once per quarter) to review the status of the initiatives, to coordinate their efforts in furthering the goals of the initiatives, and to evaluate Consultant's performance based on certain benchmarks, which the Committee and MMC will determine. F. The Committee or its designee will communicate with Consultant and The Trust periodically (but no less than once per quarter) to evaluate the Project's status and Consultant's performance with respect to the terms of the Consultant Agreement, as hereinafter defined. G. The Committee shall act in conformance with the requirements of the Grant Award attached in Group Exhibit A; provided, however, that at the conclusion of the Project funded by the Grant Award, the Committee will continue to exist and will operate according to the rules of any other funding agreement which may be entered into. H. Under no circumstances shall the Steering Committee or its Members incur any liability or be bound by the terms of any contract. Section S. Consultant's Responsibilities A. The selected Consultant will enter into a contract with the Lead Municipality (the "Consultant Agreement "), which Agreement shall be based upon the Northwest Suburban Housing Collaborative Request for Proposals for Consulting Services Contract: Interjurisdictional Housing Coordinator, which is attached hereto and incorporated herein as Exhibit B and also include the responsibilities described in this Section 5 and the payment limitations described in Section 6(A). B. In general, Consultant shall assist, facilitate and coordinate the efforts of the Municipalities to create regional housing solutions to address the short and long term housing needs and to provide a range of housing types. C. The Consultant will report to the Steering Committee on a monthly basis. D. The Consultant shall perform its duties and obligations in accordance with all applicable federal, state and local rules and regulations. E. The Consultant may apply for grants, on behalf of MMC, to support on -going inter - jurisdictional housing work in the Municipalities, subject to prior written approval of the Steering Committee and final acceptance by MMC. R The Consultant's responsibilities and duties may be expanded or continued if additional grant funds are obtained. Section 6. . Responsibility for Consultant Payments A. The Lead Municipality will contract with the Consultant on behalf of the Municipalities and MMC. The Consultant shall be paid directly by MMC, in accordance with the terms of the Consultant Agreement, dependent upon MMC's receipt of The Trust and other grant funds, as well as the Consultant's satisfactory performance of its responsibilities and duties. In the event all Grant or other grant funds are not disbursed, this Agreement shall become null and void. B. The Steering Committee has no responsibility for the payment of any invoices; provided, however, that the Lead Municipality will direct MMC to pay only those invoices for which no objection is received from the majority of the Municipalities. C. The Lead Municipality will distribute the Consultant's invoices to each Municipality and will approve all reasonable charges for payment by MMC, provided that no invoice or portion thereof will be paid if a majority of the Municipalities object to that invoice or portion thereof in writing to the Lead Municipality within 7 days of receipt. In the event that timely written objections are received from a majority of the Municipalities, or the Lead Municipality determines that services have not been fully and satisfactorily performed, no payment shall be made unless and until payment Is expressly directed and authorized by a majority of the Committee Members. D. The Lead Municipality will submit the Consultant's .approved invoices to MMC for payment. MMC, as fiscal agent for the Grant, will be responsible for paying the Contractor. Under no circumstances will any payment of Grant funds or other funds or payments of any kind, including reimbursements, be made by or come from any Municipality. All payments owed to Contractor under this Agreement shall be made by, and are the sole responsibility of, MMC, as recipient of the Grant funds and fiscal agent for the Grant. Section 7. Project Contributions /Liability for Payments A. MMC and MPC have agreed to provide staff support and technical assistance, free of charge, to assist the Consultant in the performance of its work under the Consultant Agreement. As recipient of the Grant and the entity responsible for making payments to the Consultant, MMC will participate in the review of the Consultant's invoices and progress reports. a. Each Municipality has agreed to absorb any already incurred and future internal administrative costs for their own employees' time and energy, as well as miscellaneous costs and expenses associated with creating and implementing this Project. No other funds shall be provided by the Municipalities unless specifically agreed to in writing by the corporate authorities of the Municipality. C. Under no circumstances shall any Municipality incur any liability or be bound by the terms of any contract unless that liability or contract is expressly authorized and approved by the governing bodies of the Municipalities. The Consultant Agreement is so authorized and approved. Section & Mutual Release, Hold Harmless and Waiver of Claims Each Municipality, for itself and its elected or appointed officers and officials, president and trustees, mayor and commissioners, agents, volunteers, attorneys, engineers, representatives and /or employees agrees to waive, release, relinquish and hold harmless all of the other Municipalities, and their elected or appointed officers and officials, presidents and trustees, mayor and commissioners, agents, volunteers, attorneys, engineers, representatives and /or employees, from any and all claims, actions, suits, injuries, damages, costs, expenses and liabilities each other Municipality has, or may have, individually, jointly or severally, and which arise directly or indirectly out of or in connection in any way with the performance or termination of this Agreement and any contract entered into pursuant to this Agreement. Section 9. Cooperation The Municipalities agree to work in good faith to achieve the objectives of this Agreement and to mutually resolve any disputes occurring or arising out of or during the term of this Agreement. The Municipalities agree to do all things reasonably necessary or appropriate to carry out the terms, provisions and objectives of this Agreement. Section 10. Waiver The waiver by any Municipality of any breach or violation of any provision of this Agreement shall not be deemed to be a waiver or a continuing waiver of any subsequent breach or violation of the same or any other provision of this Agreement. Sectlon 11. Default /Breach and Remedy A. The failure or refusal by any Party to comply with any of its obligations shall constitute a default under this Agreement. B. If any Party defaults or breaches in the performance of any of its obligations under this Agreement, a non- breaching Parry shall give the breaching Party written notice of such default /breach, and if the breaching Party does not cure the default /breach within fifteen (15) days after the giving of such notice, (or if such default is of such nature that it cannot be completely cured within such period, if the breaching Party does not commence such curing within fifteen (15) days and thereafter proceed with reasonable diligence and in good faith to cure such default /breach), then the majority of all non - breaching Parties may agree to terminate the Breaching Party's participation in this Agreement. Upon termination of this Agreement, the Parties may pursue all available legal rights and remedies in court to assert or protect their rights. C. Should any dispute arising out of this Agreement lead to litigation, the prevailing Municipality shall not be entitled to recover its costs of suit or attorneys' fees. Section 12. Notices AEI notices, demands, requests or other writings which any Municipality is required to, or may wish to, serve upon any other Municipality in connection to this Agreement shall be in writing and shall be deemed given (a) upon delivery, if Personally delivered or if sent bv e -mail or facsimile transmission to the Municipalities to be given such notice or other communication; (b) on the third business day following the date of deposit in the United States mail, if such notice or other communication is sent by certified or registered mail with return receipt requested and postage thereon fully prepaid; or, (c) on the business day following the day such notice or other communication is sent by reputable overnight courier, to the following: If to the Village of Arlington Heights: Village Manager Village of Arlington Heights 33 S. Arlington Heights Road Arlington Heights, IL 60005 If to Village of Mount Prospect: Village Manager Village of Mount Prospect 50 S. Emerson Street Mount Prospect, IL 60056 If to the Village of Buffalo Grove: Village Manager Village of Buffalo Grove 50 Raupp Blvd. Buffalo Grove, IL 60089 If to the Village of Palatine: Village Manager Village of Palatine 200 East Wood Street Palatine, Illinois 60067 If to City of Rolling Meadows: Village Manager City of Roiling Meadows 3600 Kirchoff Road Rolling Meadows, IL 60008 Section 13. General A. After approval by the respective corporate authorities, this Agreement shall be binding on each Municipality and its respective successors, including successors in office. B. This Agreement shall be construed together with the Consultant Agreement, the Grant Application, and the terms of the Grant Award and any other grants received. In the event of a conflict, the terms of the Agreement shall prevail. C. This Agreement shall be deemed and construed to be the joint and collective work product of the Municipalities and, as such, this Agreement shall not be construed against a Municipality, as the otherwise purported drafter of same, by any court of competent jurisdiction in resolving any inconsistency, any ambiguity, vagueness or conflict in the terms or provisions, if any, contained herein. D. This Agreement creates no rights, title or interest in any person or entity whatsoever (whether a third party beneficiary thereof or otherwise) other than the Municipalities. Nothing in this Agreement shall be construed as an express and /or implied waiver of any common law and /or statutory immunities and /or privileges of the Municipalities, and /or any of their respective officials, officers and /or employees. E. Nothing in this Agreement is intended or shall be construed as establishing a separate legal entity, or the relationship of principal and agent, partnership, or joint venture between or among the Municipalities, the Steering Committee or the Consultant. Each Municipality hereto shall retain the sole right to control its own employees, and the affairs and conduct of its employees and representatives, including the payment of compensation and benefits, shall be sole responsibility of the respective Municipality. Section 14. Amendments /Entire Agreement No amendments, changes, modifications, alterations, ar waivers of any term, provision or condition of this Agreement shall be binding or effective for any purpose unless expressed in writing and adopted by each ofthe Municipalities hereto as required by law. The provisions set forth herein constitute the entire agreement of the Parties regarding the matters addressed in the Agreement, and supersede any prior agreements or representations, as it is the intent of the Parties to provide for complete integration within the terms of this Agreement. Section 15. Assignment This Agreement shall not be assigned by any Municipality without the express written consent of the other Municipalities, in the sole discretion of those Municipalities. Section 16. Severability The terms, conditions, and provisions of this Agreement shall be severable, and if any term, condition, or provision is found to be invalid or unenforceable for any reason whatsoever, the remaining sections, subsections, terms, conditions, and provisions shall remain in full force and effect, and shall not be affected by such determination, unless the Agreement can no longer be performed by any Municipality. Section 17. Counterparts This Agreement may be executed in two or more counterparts, each of which shall be deemed an original but all of which together shall constitute one and the same instrument. Facsimile signatures shall be sufficient unless an original signature is required by a Municipality. Reproduction of this Agreement and its signatures hereon shall be the equivalent of an original copy of this Agreement. Section 18. Effective Date The Effective Date of this Agreement shall be 12:01 a.m. on September 1, 2011. Section 19. Term of Agreement This Agreement shall be in full force and effect for a term of one (1) year commencing on the Effective Date, subject to early termination pursuant to Section 20, and such extensions as a majority of the Steering Committee deem necessary to continue to operate in accordance with the terms of any other grant agreement authorized under this Agreement. Section 20 Termination This Agreement shall terminate upon the expiration of the term set forth in Section 19 above, or upon mutual agreement, of all of the Municipalities. Any Municipality may withdraw from this Agreement, at any time, upon at least thirty (30) days prior written notice to the other Municipalities and MMC of its intent to withdraw from this Agreement. Such notice will terminate the rights, duties and obligations of the withdrawing Municipality, effective on the withdrawal date specified in the notice or on the thirtieth day after receipt of the notice by the MMC or the lead Municipality, whichever is later. If the withdrawing Municipality is in default under the Agreement at the time it issues the notice, then its right to participate and receive the benefits contained in the Agreement shall immediately terminate and the withdrawing Municipality shall still be obligated to cure the default. Withdrawal by a Municipality shall terminate only that Municipality's participation under the Agreement and shall not affect the other Municipalities or require an amendment to this Agreement. Section 22 Choice of Low. This Agreement shall be governed by the laws of the State of Illinois. The Circuit Court of Cook County, Illinois, shall have jurisdiction over any disputes arising under this Agreement, and each of the Parties hereby consents to such Court's exercise of jurisdiction. Section 22 Authority to Execute. The Parties represent and warrant to each other that this Agreement has been adopted and approved by ordinance or resolution, and they have the authority to enter into this Agreement and perform their obligations hereunder. Section 23 Titles. The headings, and titles of this Agreement are for convenience only and shall not influence the construction or interpretation of this Agreement. IN WITNESS WHEREOF, the Municipalities hereto have executed this Agreement on the date ac co! F rrh beloim BY: Date Village of Arlington Heights ATTEST: Village Clerk BY: Date Mayor Village of Mount Prospect ATTEST: Village Clerk i Date: q13 21-4 Jl ATTEST: iliage Clerk BY: Date Mayor Village of Palatine ATTEST• Village Clerk BY: Date Mayo City of Rolling Meado s ATTEST: City C rk W� THE CHICAGO COM MUNITY TRUS T Grant Record TRUS .1k6 6FFII�T�S ' Entity: The Chicago Community Trust Meeting Date: 06/22/2012 Prog Type: Competitive Grants Grant I[]: C2012 -00530 Grant Amount: $120,000 Comm. Goal: Securing Conditions for Healthy, Safe, Just and Caring Communities Str. Priority: Sustain and Improve Housing, Human Services Safety Net Prog. Goal: Housing and Foreclosure Applicant: Metropolitan Mayors Caucus 233 South Wacker Drive, Suite 800 Chicago, IL 50606 Phone: (312) 201 -4505 Contact: Mr. David E. Bennett Evaluator: Juanita Irizarry Title: Executive Director Monitor: Juanita Irizarry RESOLUTION RESOLVED, To matte a grant of $120,000 to the METROPOLITAN MAYORS CAUCUS for the Inter - Jurisdictional Housing Collaboratives project. PAYMENT SCHEDULE Fund (s): Preston and Sterling Morton Fund Amount Scheduled Signed Grant Record Form 06/1012012 Payment Due 30,000.00 06/20/2012 Payment Due 30,000.00 09/20/2012 Payment Due 30,000.00 12120/2012 Payment Due 30,000.00 03/20/2013 Final Program Report 08/01/2013 Final Financial Report 08/01/2013 Received Ap proved _ _ Chec k # Payment of your grant award will commence upon receipt of the executed grant record form as outlined in the above schedule, Deviations frorr the prescribed payment schedule will be made only if your organization can exhibit a substantial need for an accelerated payment schedule. 225 N. Michigan Avenue • Suite 2200 • Chicago. Illinois 60-601 • (312) 616 -8040 • Fax (312) 616 -7355 Grant Conditions Below are conditions which must be adhered to in the use of any grant by The Chicago Community Trust Use of Funds. The funds provided pursuant to this grant may be spent only in accordance with the provisions of your funding request and budget as submitted to the Trust. The program is subject to modification only with the Trust's prior approval. No funds provided by the Trust may be used for any political campaign or to support attempts to influence legislation of any governmental body "other than through making available the results of non - partisan analysis, study and research." Fiscal Responsibility.Aetropoidan Mayors Caucus is responsible for the expenditure of funds and maintaining adequate supporting records consistent with generally accepted accounting practices. Reporting Requirements. Metropolitan Mayors Caucus will fumish the Trust with a written report, including a fair and complete financial statement and a brief narrative that describes program progress upon the completion of the program for which the grant has been made. The Trust may also request interim reports, and, in any case, will be supplied with a report at least once during the term of the grant Such reports shall supply sufficient information as necessary for the Trust to determine that the grant is being used for the purposes intended and for the Trust to fulfill its own public reporting responsibilities. Liability. Metropolitan Mayors Caucus hereby agrees to indemnify and hold The Chicago Community Trust harmless from any and all damages, liability, suits, claims, leins, taxes or demands whatsoever arising out of Metropolitan Mayors Caucus's use or distribution of the charitable trust funds received from the Trust including but not limited to any and all damages from personal injury, death or property damage and Metropolitan Mayors Caucus further agrees to defend the Trust from any loss or expense resulting therefrom including the Trust's costs and expenses of litigation or arbitration including attorneys fees. Diversity. Metropolitan Mayors Caucus agrees to either adopt the Trust's Diversity Statement found at www.cct.org /diversity or have a similar policy adopted by our board. Public4As metropolitan Chicago's community foundation, The Chicago Community Trust is accountable to our many generous donors and the general public as to the use of Trust resources. Collaborative publicity efforts can generate positive attention and increase our collective visibility to more potential supporters. Should you choose to prepare press releases, programs, announcements, feature stories, and print materials, we encourage you to mention the Trust. We hope that in all of your public information you will highlight your connection with and support from The Chicago Community Trust. For more specific instructions, please refer to the attached document: Publicity Guidelines for Grant Recipients, Metropolitan Mayors Caucus will supply the Trust with electronic examples of all materials that acknowledged the Trust from a publicity standpoint We strongly encourage you to send us information on the media coverage that you have received. Please send those electronically to Janice Pacheco at publicity@cctorg. All publicity and media references to this grant should be cleared at least 5 business days in advance of your deadline. Questions regarding logo placement should be directed to Janice Pacheco at 312.616.8000 or publicity@cct.org. In regards to press releases, newsletters and Web site copy etc., please direct all questions to Eva Penar at evap @cct.org. ACCEPTANCE Payment of this grant will be made according to the schedule outlined on the attached sheet commencing after receipt by the Trust of the executed green copy of this form acknowledging both the terms of this grant and the grant conditions as set forth above. Grant C2012 -00530 For Metropolitan Mayors Caucus: zr_-, a (Printed name of Head of Organization) (Signature) (Title) Z -- C/ - 70 ,( z- (Date) THE CHICAGO COMMUNITY TRUST AND AFFILIATES EXEC UT IV I= COMMITTEE Frank M. Clark Chaw Maria C. Bechily John A. Canning, Jr. Martin R. Castro John H. Catlin Shawn M. Donnelley Judy Erwin Michael W. Ferro, Jr, Denise S. Gardner Jack M. Greenberg King W. Harris David G. Herro Christopher G. Kennedy Audrey R. Peeples Jesse H. Ruiz Michael Tang Terry Mazany President & CEO May 29, 2012 Mr. David E. Bennett Executive Director Metropolitan Mayors Caucus 233 South Wacker Drive, Suite 800 Chicago, IL 60606 Dear David: OUR REGION'S COMMI On behalf of the Executive Committee of The Chicago Community Trust, I am pleased to inform you that at the May 22, 2012 meeting of The Chicago Community Trust's Executive Committee, two grants to Metropolitan Mayors Caucus were approved. Please read the enclosed grant record forms carefully. Sign the green copy of the grant conditions forms where indicated, and return the grant record forms to the Trust in the enclosed envelope. We cannot begin payment on your grant until we have received a signed copy of the grant conditions form. These grants have been assigned to Juanita Irizarry who may be reached at 312.616.8000, extension 160 or juanita@ccLorg with any questions. Also enclosed are the Outcomes and Measures for your grants that were agreed upon during the review process with your program officer. You will be expected to report on these Outcomes and Measures if you submit an application for a renewal and at the time of your final report, In September 2011, the Executive Committee revised its diversity statement (see www.cctorg /diversity) as a continued expression of our commitment to diversity and inclusion. The implementation of this policy is supported by our demographic data collection required of grant applicants. We use these data to report on the diversity of Trust grant making and to ensure that diversity is valued in the non - profit sector we support, and integrated into the work of the projects we fund. We also recognize the need to work closely with organizations to support the implementation of this policy. To that end, we require organizations that have been awarded grants to either adopt the Trust's diversity statement or have a similar statement adopted by their boards. We encourage you to publicize these grants, paying special attention to the paragraph on publicity included in the grant conditions. A more detailed document, Publicity Guidelinesfor Grant Recipients, is included in this mailing that we ask you to share with your communications department All publicity and media references to these grants should be cleared at least five business days in advance of your deadline. All questions regarding logo placement should be directed to publicity@cct.org or Janice Pacheco, at 312.616.8000, extension 132. In regards to press releases, newsletters and Web site copy etc., please direct all questions to Eva Penar at 312.616.8000 extension 161 or evap @cct.org. For 97 years the Trust has partnered with thousands of organizations to enhance the quality of life for individuals and communities across metropolitan Chicago. Our grant making is supported by the generosity of local residents who have used the Trust to manage their charitable giving and to address our region's most pressing needs and promising opportunities. We commend you for your work and congratulate you for your efforts. Sincerely,; Terry MErzaafy President and Chief Executive Officer Enclosures 225 North Michigan Avenue, Suite 2200, Chicago, IL 60601 1 312.616.8000 1 Fax '312.616.7955 { www.crt.org RESOLUTION NO. A RESOLUTION AUTHORIZING AMENDMENT TO INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGES OF ARLINGTON HEIGHTS, BUFFALO GROVE, PALATINE AND THE CITY OF ROLLING MEADOWS FOR NORTHWEST HOUSING COLLABORATIVE WHEREAS, the President and Board of Trustees of the Village of Mount Prospect previously authorized entry into an intergovernmental Agreement (Resolution No. 29 -11 adopted September 6, 2011) for the purpose of collaborating with the Municipalities to address housing issues in Northwest Cook County using available state, federal and county funds; and WHEREAS, the Northwest Housing Collaborative has proven successful in obtaining grants to fund its operations and studies and continues to seek additional grant opportunities to support its on -going work in the region; and WHEREAS, the Northwest Housing Collaborative has sponsored several initiatives to address housing related issues and continues to work in conjunction with the Metropolitan Planning Council on redevelopment and preservation initiatives; and WHEREAS, the Intergovernmental Agreement of the Northwest Housing Collaborative will expire on August 30, 2012; and WHEREAS, to further the collaborative housing effort of the Northwest Suburban Housing Collaborative, the Collaborative Steering Committee recommends the member communities amend the agreement to provide for an additional threes (3) year; August 30, 2012 through August 30, 2015. NOW THEREFORE, BE IT RESOLVED by the President and Board of Trustees of the Village of Mount Prospect, pursuant to Article VII, Section 10 of the 1970 Constitution of the State of Illinois and the Intergovernmental Cooperation Act, 5 ILCS 220/1 et seg (the "Act'). SECTION ONE: That the Board of Trustees do hereby authorize the Village of Mount Prospect to enter into an amended Agreement for Northwest Suburban Housing Collaborative a copy of which is attached to and made a part of this Resolution as Exhibit "A." SECTION TWO That this Resolution shall be in full force and effective from and after its passage and approval in the manner provided by law. I_\'1 NAYS: ABSENT: PASSED and APPROVED this day of, 2012 Irvana K. Wilks Mayor ATTEST: M. Lisa Angell Village Clerk Village of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: VILLAGE BOARD AND FINANCE COMMISSION FROM: FINANCE DIRECTOR DATE: JUNE 22, 2012 SUBJECT: PROPOSED CIP: 2013 -2017 Attached hereto is the proposed 2013 -2017 Capital Improvements Plan (CIP). The projects being considered for the year 2013 total $11,531,457. The five -year total for all projects is $63,283,443. We encourage you to read the Manager's transmittal letter beginning on page ii. This correspondence describes the purpose of the CIP, highlights some of the more significant projects, and reviews project funding. To help you evaluate our ability to fund the requested projects a five -year financial forecast is provided for the major operating and capital project funds that support funding for the CIP. These forecasts can be found in Tab 9 of the document. In general, the projects being presented directly relate to the monies expected to be available. However, from reviewing the CIP requests in conjunction with the five -year financial forecasts I would like to direct your attention to several project areas. General Fund The CIP is showing the five -year average of projects being paid from General Fund revenues as $523,000 (A -10). This is typical of the amount of capital projects funded by the General Fund on an annual basis. I would like to point out the five -year financial forecast for the General Fund. This forecast is showing an operating deficit in 2013 of $805,000 with annual deficits increasing each subsequent year through 2017 ($2.2 million). Based on this information it is likely that many non - critical projects will be deferred. See the complete five - year forecast for the General Fund beginning on page 1 of Tab 9. Motor Fuel Tax Fund (MFT) Receipts from motor fuel taxes beginning in 2013 are expected to be flat through 2017. Due to this lack of growth in revenue, the street resurfacing program for 2013 was scaled back. Spending on street resurfacing for 2013 is $1,115,000, down from the $1.5 million originally proposed. The programs for 2009 -2012 were also been scaled back to the level of available funds. The street improvement budget for 2014 -2017 still reflect full program costs. These project years will also need to be scaled back if revenues cannot support the higher levels. Proposed CIP June 22, 2012 Page 2 of 3 Capital Improvement Fund The Capital Improvement Fund is meant to support intermediate sized capital expenditures for various departments that are non - recurring in nature. Some examples of these projects are Detention Pond Improvements, Emergency Generators and public building improvements. Supported by a one - quarter cent home rule sales tax, there is approximately $1.0 million annually available for these types of capital projects. Projects included in the five -year plan after 2013 will need to be further prioritized with some deferrals to bring the total annual amount down to what can be supported with current revenue streams. Street Improvement Construction Fund Projects The forecast for the Street Improvement Fund (page 11) is showing a positive fund balance at the end of 2013, but the fund balance will become a significant deficit by the end of 2014 due to stagnant revenues. Revenue to support the program comes from the state and local motor fuel tax and one - quarter cent home rule sales tax. Each of these revenue sources is expected to either show minimal or no growth over the next several years resulting in fewer funds available to fund the street program. Adjustments to the amount of work planned each year will be necessary if these revenue sources do not rebound during 2013. The street resurfacing program supported by this fund was reduced from $2.5 million to $1.2 million in order to maintain an adequate level of fund balance. Flood Control Construction Fund Projects Major projects in this fund resumed in 2011 when funding from the home rule sales tax became available. Previously, the tax was allocated to support debt service from earlier flood control projects. Beginning in 2011, approximately one -half of the tax is freed up to fund various projects. Prospect Meadows storm sewer and ditch improvements ($1,000,000) is scheduled for 2011 -2013. In addition, the Hatlen Heights storm sewer project is slotted to begin in 2015 and is expected to cost $1.9 million. It is anticipated that there will be sufficient funds on hand by that time to begin the project. Funding levels anticipated in 2016 do not support the McDonald Creek project and may have to be deferred. See the complete five -year forecast for the Flood Control Construction Fund beginning on page 12 of Tab 9. Water and Sewer Fund There are several large capital projects included in the CIP for 2013 -2017. The first is the ongoing Combined Sewer Improvement project started in 2006. The total cost for the project was originally estimated at $15 million and expected to take 10 years to complete. Funding for this project comes from a $5 per month sewer construction fee and basic sewer usage fee. Based on early results, overall pricing is coming in lower than originally estimated and completion will likely occur before the planned 10 years. Other major projects planned to start in 2013 include water tank rehabs totaling $775,000 and Residential AMR System totaling $2.3 million. H:WCCT \CIP \CIP 2013 - 2017\2013 -2017 CIP - Board Memo June 2012.docx Proposed CIP June 22, 2012 Page 3 of 3 Funding to be Determined The CIP is showing two projects where funding has yet to be determined. These projects include the Ash Removal and Ash Replacement programs. Meetings to review the CIP are scheduled for June 28 (Finance Commission) and July 10 (Village Board). Staff looks forward to discussing the project submittals and their impact to operations. David O. Erb Finance Director Copy: Michael E. Janonis, Village Manager Dave Strahl, Assistant Village Manager Lynn Jarog, Deputy Finance Director Department Directors H:\ACCT \CIP \CIP 2013 - 2017\2013 -2017 CIP - Board Memo June 2012.docx