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HomeMy WebLinkAbout4. NEW BUSINESS 7/1/03 illage of Mount Prospect Community Development Department MEMORANDUM TO: FROM: DATE: SUBJECT: MICHAEL E. SANONIS, VILLAGE MANAGER DIRECTOR OF COMMLg~TY DEVELOPMENT JUNE 27, 2003 PZ-16-02 - DUNCAN'S KESUBDWISION (111 S. OWEN) CONSOLIDATE 1 1/2 LOTS TO CREATE A ONE-LOT SUBDIVISION DANIEL DUNCAN - APPLICANT The Planning & Zoning Commission transmits their recommendation to approve a plat of resubdivision as described in detail in the attached staff report. The Planning & Zoning Commission heard the request at their June 26, 2003 meeting. The Planning & Zoning Commission briefly discussed the proposed plat. They noted that the petitioner was not seeking relief from Village Codes and that the plat was prepared according to the Village's Development Code regulations. The Planning & ZOning Commission voted 4-0 to approve the plat of resubdivision for the property located at 111 S. Owen Street. Please forward this memorandum and attachments to the Village Board for their review and consideration at their July 1, 2003 meeting. Staff will be present to answer any questions related to this matter. H:\GENSPLANNING\plannlng & Zoning COMM~&Z 2003LMEJ McmoskPZ-16-02 MEJ (plat I I 1 S Owen).doc MINUTES OF THE REGULAR MEETING OF THE PLANNING & ZONING COMMISSION CASE NO. PZ-16-02 Hearing Date: June 26, 2003 PETITIONER: Daniel Duncan 812 E. Suffield Dr. Arlington Hts., IL 60004 PROPERTY ADDRESS: 111 S. Owen St. PIN #: 08-12-208-006 & -023 REQUEST: Plat of Resubdivision MEMBERS PRESENT: Richard Rogers, Acting Chairperson Merrill Cotten Leo Floros Matthew Sledz MEMBERS ABSENT: Arlene Juracek, Chairperson Joseph Donnelly Keith Youngquist STAFF MEMBERS PRESENT: Judy Connolly, AICP, Senior Planner Michael Jacobs, Deputy Director of Community Development INTERESTED PARTIES: Daniel Duncan Chairperson Richard Rogers called the meeting to order at 7:33 p.m. Matt Sledz made a motion to approve the minutes of the May 22 meeting, seconded by Merril Cotten. The May meeting minutes were approved 4-0. At 7:35, Mr. Rogers introduced Case No. PZ-16-02, a request for a plat consolidation to create l-lot of record. Mr. Rogers said the Village Board decision would be final for this case. Judy Connolly, Senior Planner, presented the case and said that the subject property is located at the east side of Owen Street, between Busse and Evergreen Avenues and currently contains a single-family residence with related improvements. The subject property is zoned R-A, Single Family Residence and is bordered on all sides by the R-A district. She said that the Zoning Ordinance requires any new structure to meet applicable setback regulations and when the petitioner contacted staffto discuss options for redeveloping the subject property, he was informed that the existing lot and a half would have to be consolidated. Therefore, the petitioner is resubdividing the subject property and creating one lot of record. Ms. Cormolly reported that the plat under review changes the site fi.om one-and-one-half lots of record to one-lot of record. She said that the plat and new lot comply with Development Code requirements and that the petitioner is not seeking relief from the Development Code or the Zoning Ordinance. She said that other departments have reviewed the plat and found that it was prepared in accordance with Village Codes. Based on these findings, Ms. Connolly said that Staff recommends that the Planning & Zoning Commission recommend the Village Board approve the Duncan's Resubdivision, Case Nol PZ-16-02. She said that the Village Board's decision is final for this case. Mr. Rogers asked the P&Z if they had any questions for Staff. As there were none, he clarified that the request was to change the property lines and that the plat was the only item of business for this case. Mr. Rogers asked if the petitioner has anything to add to the Staff report. Daniel Duncan, 812 E. Suffield lanning & Zoning Commission Arlene Juracek, Chairperson PZ- 16-02 Page 2 Drive, Arlington Heights, was sworn in. Leo Floros asked the petitioner what his plans were for the site and Mr. Duncan said that he plans to tear down the existing house and build a new house. He briefly described the project and the proposed house. Mr. Rogers asked if anyone in the audience wanted to address the Commission about this case. As there were no further comments, Mr. Rogers closed the public hearing at 7:37 pm. Mr. Rogers asked the P&Z members if there was a need for discussion on the plat. Matt Sledz made a motion to recommend the Village Board approve the requested Plat Consolidation as submitted for Case No. PZ-16-02, 111 S. Owen. Leo Floros seconded the motion. UPON ROLL CALL: AYES: Cotten, Floros, Rogers, and Sledz, NAYS: None Motion approved 4-0. Village Board decision final. At 11:35 p.m, Leo Floros made motion to adjourn, seconded by Matt Sledz. The motion was approved by a voice vote and the meeting was adjourned. Barbara Swiatek, Planning Secretary H:\GEN~P LANN1NGkPlanning & Zoning COM/vi~&Z 2003\Minut cs~PZ* 16-02 111 S Ow*n St(loc Village of Mount Prospect Community Development Department CASE SUMMARY - PZ- 16-02 LOCATION: PETITIONER: OWNER: PARCEL.#: LOT SIZE: ZONING: LAND USE: REQUEST: 111 S. Owen Street Daniel Duncan Daniel Duncan 08-12-208-006 & -023 0.26 acres (11,379.75 square feet) RA Single Family Residential Single Family Residence Plat of Resubdivision - Consolidate site to create a one-lot subdivision LOCATION MAP I 2 3 4 5 6 8 7 10 11 12 13 14 15 16 17 18 19 20 21 22 Central Road 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 21 22 1 2 4 5 6 7 8 9 10 11 12 13 15 16 17 18 19 20 21 22 100 Owen Park Mount Prospect Park District 111 112 113 114 116 117 118 119 123 120 101 100 103 102 105 104 107 106 109 108 111 110 113 112 115 114 117 116 119 118 ]lus~qe Avenu ~ 101 I00 103 '102 ~ 105 104 ~ 107 106 ~ 109 ~ol~ 114 ~} 117 110 119 118 121 120 Evergreen Avenue illage of Mount Prospect Community Development Department MEMORANDUM TO: MOUNT PROSPECT PLANNING & ZONING COMMISSION ARLENE JURACEK, CHAIRPERSON FROM: JUDY CONNOLLY, AICP, SENIOR PLANNER DATE: JUNE 19, 2003 HEARING DATE: JUNE 26, 2003 SUBJECT: PZ- 16-02 - DUNCAN' S RESUBDIVISION (1-LOT SUBDIVISION) 111 S. OWEN STREET (DANIEL DUNCAN, PROPERTY OWNER) BACKGROLrND A public hearing has been scheduled for the June 26, 2003 Planning & Zoning Commission meeting to review the application by Daniel Duncan (the "Petitioner") regarding the property located at 111 S. Owen Street (the "Subject Property")~ The Petitioner is seeking to consolidate the site and create a one-lot subdivision. The plat request was properly noticed by posting a Public Hearing sign on the Subject Property. PROPERTY DESCRIPTION The Subject Property is located at the east side of Owen Street, between Busse and Evergreen Avenues and currently contains a single-family residence with related improvements. The Subject Property is zoned RA Single Family Residence and is bordered on all sides by the RA District. SUMMARY OF PROPOSAL The Petitioner contacted Staff to discuss options for redeveloping the Subject Property. The Zoning Ordinance requires any new structure to meet applicable setback regulations. However, the Petitioner's plans at that time indicated that the improvements would cross the 'shared' lot line. Therefore, the Petitioner is resubdividing the Subject Property and consolidating the site to create a one-lot subdivision. The plat under review changes the site from one and a half lots of record to one-lot of record. The plat and new lot complies with Development Code requirements and the Petitioner is not seeking relief from the Development Code or the Zoning Ordinance. Other Departments have reviewed the plat and found that it was prepared in accordance with Village Codes. RECOMMENDATION The proposed Plat of Resubdivision seeks to create one-lot of record. The plat and new lot comply with Village regulations and the Petitioner is not seeking relief from the Development Code or the Zoning Ordinance. Based on these findings, Staff recommends that the Planning & Zoning Commission recommend the Village Board approve the Duncan's Resubdivision, Case No. PZ-16-02. The Village Board's decision is final for this case. Iconcur: I[,~_ William J. Coone , CP, Dir ect r of Community Development UNCAN'S RESUBDIVISION OF LOT 6 AND THE NORTH HALF OF LOT 7 IN BLOCK 9 IN BUSSE'S EASTERN ADDITION TO MOUNT PROSPECT IN THE EAST HALF OF SECTION 12, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY. ILLINOIS. IL379.7495 ,SO. FT. O.2612 A C, RES FT. E&,SEMEt~T F~R ~U~LIC UTILmES AND DRAINAGE-~ ..? i 15i,73 '" z~ "~OUTH ~ OF LOT 7 ~ANIEL DUNCAN .DO HEREEY CERTI~ THAT I ~ THE LEGAL ~D TRUE owNER OF THE PROPER~ SHO~ AND )ESCRIBED HEREON, AND THAT I ~0~ ~E P~ OF RESUBD~SION AND ESTABLISH THE MINIMUM ~UfLDING [ESTRfCTION LINES SHO~ HEREON. VrTN~~I~~ DAY OF ~V~ 2~2. D~IEL DUNC~ )WNER: DANIEL DUNCAN; 812 E. SUFFIELO DR/VE; ARLINGTON HEIGHTS. ILLINOIS 60004 CT 6 PERMANENT,INDEX.N~IMBER: 08-12 - 208- 006- 0000 IORTH HAlF OF. gQT 7 p~RMANENT INDEX NUMBER: 08 - 12 - 208- 023 - ;TATE OF ILLINOIS) ;OUNTY OFCOOK) S.S. - ,FORESAID. DO HEREBY CERTIFY THAT DANIEL DUNCAN WHO IS PERSONALLY KNOWN TO ME TO BE THE SAME 'ERSON WHOSE NAME IS SUBSCRIBED TO THE FOREGOING CERTIFICATE OF OWNERSHIP, WHO ACKNOWLEDGED HAT AT THE TIME OF SUCH APPEARANCE HE WAS THE OWNER OF THE PROPERTY DESCRIBED HEREON AND THAT IE SIGNED SAID CERTIFICATE AS HIS OWN FREE AND VOLUNTARY ACT AND DEED INDIVIDUALLY FOR THE USES ,ND F'URPOSES THEREIN SET FORTH. ~IVEN UNDER MY HAND AND NOTARIAL SEAL THIS [ \-[~" DAY OF ~'~.~'~'~ 2002. VILLAGE OF MOUNT PROSPECT COMMUNITY DEVELOPMENT DEPARTMENT - Planning DiviSion [00 S. Emerson Street Mount Prospect, Illinois 60056 Phone 847-818-5328 FAX 847-818-5329 Plat of Resubdivision Application Case Number Pz -/6' O,.T, Subdivision Name/Address Date of Submission Hearing Date Pe~ioner - .Name I~ Telephone (day) Corporation Telephone (evening) Street Address I~ Fax Ci~L~ State Zip Code ~ ~ Interest in Property: circle one ~ Buyer Property Owner - Name Telephone (daY) Corporation Telephone (evening) Street Address Fax: City State Zip Code Pager/Mobile Surveyor/Engineer · Name ~ ..'~_~Im~ ~t1.~.~%~ _.~8,~k Telephone (day) ~t~"[o Address ~11~'~' ~ ~7 Fax UEDIVISION NAME REAL ESTATE INDEX NO.: REAL ESTATE INDEX NO.: LOCATION OR ADDRESS: LAND USE: EXISTING ZONING: EXISTING .____~t& TOTAL ACREAGE: GROSS PROPOSED: PROPOSED: TOTAL # OF LOTS: Number of dwelling units: Single Family: ~.- Multifamily. TWNHS If requesting an exception to Development Code requirements, list request and explain why it is necessary: Please note that the application will not be reviewed until this petition has been fully completed and all required plans and other materials have been satisfactorily submitted to the Planning Division. Incomplete submittals will not be accepted. It is strongly suggested that the petitioner schedule an appointment with the appropriate Village staffto review the process and so that materials can be reviewed for accuracy and completeness at the time of submittal. In consideration of the information contained in this petition as well as all supporting documentation, it is requested that approval be given to this request. The applicant is the owner or authorized representative of the owner of the property. The petitioner and the owner of the property grant employees of the Village of Mount Prospect and their agents permission to enter on the property during reasonable h0.urs for visual in~..e,c.l&~k~ubj ect propen'y. I he~rm t~on provided h~ein and in all materials submitted in association with this application are true and ac~ate ~e~best of my ~. ) If applicant is not property owner: I hereby designate the applicant to act as my agent for the purpose of seeking the Variation(s) described in this application and the associated supporting material. Property Owner Date Mount Prospect Department of Community Development 100 South Emerson Street, Mount Prospect Illinois Phone 847.818,5328 Fax 847.818.5329 TDD 847/392~6064 . OWEN STREET 7.5.00 kad 06/25103 RESOLUTION NO. A RESOLUTION APPROVING A FINAL PLAT OF RESUBDIVISION FOR PROPERTY LOCATED AT 111 S. OWEN STREET WHEREAS, the Petitioner, Daniel Duncan, has requested approval of a Final Plat of Resubdivision for the purpose of creating one lot of record at 111 S. Owen Street; and WHEREAS, the Planning and Zoning Commission has recommended approval of the subdivision. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the subdivision of one and a half lots of record to create one lot of record is hereby granted for the property at 111 S. Owen Street and the Final Plat of Subdivision attached to this Resolution as Exhibit "A" is hereby approved for appropriate execution and recording. Such Plat and its legal description are incorporated into, and made a part of this Resolution. SECTION TWO: That the Village Clerk is hereby authorized and directed to record a certified copy of this Resolution with the Recorder of Deeds of Cook County. SECTION THREE: This Resolution shatl be in full force and effect from and afterits passage and approval in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this dayof ,2003. ATTEST: Gerald L. Farley Mayor Velma W. Lowe Village Clerk H:\GEN\fires\WIN\RES\Plat of resubdivision 111 s owen july 2003.doc vwl 6/26/O3 RESOLUTION NO. A RESOLUTION AUTHORIZING THE VILLAGE OF MOUNT PROSPECT TO ADOPT AN INTERGOVERNMENTAL AGREEMENT TO ASSIGN RIGHTS BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE CITY OF PROSPECT HEIGHTS WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect have deemed that the best interests of the Village may be served by entering into intergovernmental agreements; and WHEREAS, Section 10 entitled Intergovernmental Cooperation of Article VII of the Illinois Constitution empowers municipalities to enter into intergovernmental cooperation agreements; and WHEREAS, the Village of Mount Prospect desires to enter into an agreement with the City of Prospect Heights to receive monies granted by the Judicial Advisory Council of Cook County, pursuant to its Local Law Enforcement Block Grant Balanced approach to Drug and Gang Elimination Application Program. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: ,~C, ZtDJ3LO2~ That the Mayor and Board of Trustees of the Village of Mount Prospect are hereby authorized to execute the Intergovernmental Agreement with the City of Prospect Heights for law enforcement efforts focusing on drug and gang elimination, attached hereto and made a part of this Resolution as Exhibit "A." ~,~C, ZJ~;~%L~LQ: This Resolution shall be in full force and effective from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of ,2003. ATTEST: Gerald L. Farley, Mayor Velma W. Lowe, Village Clerk H:\GEN~files\WiN\RES\lntergovt Agrrnt, ProspectHts&VOMP, July2003 doc INTERGOVERNMENTAL AGREEMENT TO ASSIGN RIGHTS Preamble The Village of Mount Prospect ("Mount Prospect"), Cook County, Illinois, is an Illinois home rule municipal corporation. The City of Prospect Heights ("Prospect Heights") is an Illinois home rule municipal corporation. Mount Prospect and Prospect Heights share a common boundary. Prospect Heights has made application and been approved for a grant from the Judicial Advisory Council of Cook County pursuant to its Local Law Enforcement Block Grant Balanced Approach to Drug and Gang Elimination Application program. Prospect Heights does not intend to implement a program for the year 2002 to make use of $20,000.00 of the grant. Mount Prospect qualifies for the grant and has made application for the grant, but has yet been finally approved. Prospect Heights has agreed to make $20,000.00 of the funds to which it has access pursuant to the grant available for use by Mount Prospect and Mount Prospect has agreed to accept these funds. Mount Prospect is fully prepared to implement the required program to fulfill the grant objections. The Judicial Advisory Council of Cook County has agreed to permit this transfer of funding from Prospect Heights to Mount Prospect. Pursuant to this arrangement, it is contemplated that Prospect Heights will receive the funding from Judicial Advisory Council of Cook County and Mount Prospect will bill Prospect Heights for $20,000.00. Prospect Heights will then issue a check to Mount Prospect for $20,000.00. It is recognized by both Mount Prospect and Prospect Heights that techniques which result in better law enforcement in one municipality is a substantial benefit to a eighboring municipality. Since Prospect Heights is not currently in a position to use the grant, it will receive a substantial benefit if Mount Prospect implements a law enforcement program with the grant money when such benefit would not otherwise accrue to Prospect Heights. Therefore, in consideration of the foregoing and other good and valuable consideration, Prospect Heights hereby assigns $20,000.00 of the funds available to it pursuant to the 2002 grant from Judicial Advisory Council of Cook County for the Local Law Enforcement Block Grant Balanced Approach to Drug and Gang Elimination Application program to Mount Prospect for the purpose of implementing the program in Mount Prospect, The transfer of the funds to Mount Prospect will be made by virtue of Mount Prospect billing Prospect Heights for $20,000.00 within thirty (30) days of receiving written notice from Prospect Heights that Prospect Heights has received the grant from Judicial Advisory Council of Cook County. Mount Prospect, on behalf of its officers, agents and employees, hereby agrees to indemnify and hold harmless Prospect Heights and its officers, agents and employees against any claims of whatever kind or nature that might be brought against Prospect Heights, its officers, agents or employees on account of this assignment and Mount Prospect's use of the funds. DATED: ,2003 City of Prospect Heights Village of Mount Prospect By: By: illage of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: FROM: DATE: SUBJECT: VILLAGE MANAGER MICHAEL JANONtS DEPUTY DIRECTOR OF FINANCE JUNE 24, 2003 The Village's Deficit Reduction Plan PURPOSE: To present the ordinances needed to implement the Village's deficit reduction plan. BACKGROUND: Since the beginning of 2003 the Village Board held a series of four workshops and three public meetings to discuss solutions to the Village's projected General Fund deficit. DISCUSSION: The Village's five-year forecast indicated that revenues in the General Fund will not be sufficient to continue the level of services provided to the residents of Mount Prospect. After much discussion and public input, the Village Board approved a plan that includes a reduction in General Fund spending of approximately $500,000 as well as a continuation of the revenues adopted several years ago to pay for the street improvement project. The ordinances will eliminate the sunset provision on the food and beverage tax, the telecommunication and utility tax, the local gasoline tax and the vehicle sticker surcharge and use these revenues to eliminate the deficit. The plan also includes a provision to increase the home rule sales tax by an additional one-quarter cent and increase the telecommunications tax by 1.75%. These taxes will begin on January 1, 2004. RECOMMENDATION: It is recommended that the Village Board approve the ordinances presented, CAROL L. WIDMER H:~ACC'P, Ordinances~Long Range Plan 2003.doc ORDINANCE NO. AN ORDINANCE AMENDING APPENDIX A - DIVISION II OF THE THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: Section 8.1102, entitled "Imposition of Tax", of Appendix A, Division II of the Village Code of the Village of Mount Prospect shall be amended by deleting in its entirety the current Section 8.1102 and inserting in lieu thereofa new Section 8.1102 "Tax Imposed" to be and read as follows: Section 8.1102: IMPOSITION OF TAX: 1/1/95 through 12/31/03 0.50% of gross receipts of tangible personal property 1/1/04 and thereafter 0.75% of gross receipts of tangible personal property SECTION 2: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYES: ABSENT: PASSED and APPROVED this __ day of ,2003. ATTEST: Velma W. Lowe, Village Clerk l:\MYDOCkAmend sales tax ordinance.doc Gerald L. Farley, Village President ORDINANCE NO. AN ORDINANCE AMENDING APPENDIX A - DIVISION II OF THE THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: Section 8.1202, entitled "Imposition of Tax", of Appendix A, Division II of the Village Code &the Village of Mount Prospect shall be amended by deleting in its entirety the current Section 8.1202 and inserting in lieu thereof a new Section 8.1202 "Tax Imposed" to be and read as follows: Section 8.1202: IMPOSITION OF TAX: 1/1/95 through 12/31/03 1/1/04 and thereafter 0.50% of gross receipts of sales of service 0.75% of gross receipts of sales of service SECTION 2: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYES: ABSENT: PASSED and APPROVED this __ day of ,2003. ATTEST: Velma W. Lowe, Village Clerk l:~vlYDOC~Amend sales tax ordinance-servic¢occupationtax.do¢ Gerald L. Farley, Village President ORDINANCE NO. AN ORDINANCE AMENDING APPENDIX A - DIVISION II OF THE THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: That Appendix A, Division II of the Village Code of the Village of Mount Prospect shall be amended to delete Section 8.1502 in its entirety and a new Section 8.1502 is inserted to be and read as follows: Section 8.1502: TAX IMPOSED: Rate: 4.25% of gross charge (effective 2/4/03 through 12/31/03) Rate: 6.00% of gross charge (effective 1/1/04) SECTION 2: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYES: ABSENT: PASSED and APPROVED this __day of ,2003. ATTEST: Velma W. Lowe, Village Clerk l:hMYDOCL~.mend telecommunication tax ordinance.doc Gerald L. Farley, Village President ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 8 AND APPENDIX A - DIVISION II OF THE THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: Section 8.1601 of Chapter 8, Article XVI of the Village Code of Mount Prospect shall be amended to delete Section 8.1601 in its entirety and a new Section 8.1601 is inserted to be and read as follows: 8.1601: GROSS RECEI]PTS TAX IMPOSED: A tax authorized by statuteI, in addition to any and all other taxes, is hereby imposed upon any and all of the following acts or privileges: A. The business of distributing, supplying, furnishing or selling gas for residential use or consumption within the corporate limits of the Village and not for resale, at a rate set forth in Appendix A, Division II of this Code, on the amount of gross receipts; B. The business of distributing, supplying, furnishing or selling electricity for nonresidential use or consumption with the corporate limits of the village, and not for resale, at a rate set forth in Appendix A, Division II of this Code, on the amount of gross receipts. I 65 ILCS 5/8-11-2. SECTION 2: Sub-subsection 3 of Subsection A, entitled "Tax Imposed," of Section 8.1601.1, entitled "Consumption Tax", of Chapter 8, Article XVI of the Village Code of Mount Prospect, is hereby deleted in its entirety. SECTION 3: Appendix A, Division II of the Village Code of the Village of Mount Prospect shall be amended to delete Section 8.1601 in its entirety and a new Section 8.1601 is inserted to be and read as follows: Section 8.I601: TAX IMPOSED: Rate: 3.204% of gross charge (effective 2/4/03) SECTION 4: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYES: ABSENT: PASSED and APPROVED this __day of ,2003. ATTEST: Velma W. Lowe, Village Clerk Gerald L. Farley, Village President I:\MYDOC~Amend utility tax ordinance, doc ORDINANCE NO. AN ORDINANCE AMENDING APPENDIX A - DIVISION II AND CHAPTER 8 OF THE THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: Section 8.902, entitled "Imposition of Tax", of Chapter 8, Article IX of the Village Code of Mount Prospect shall be amended to delete Section 8.902 in its entirety and a new Section 8.902 shall be inserted to be and read as follows: 8.902: IMPOSITION OF TAX: A tax, in addition to any and all other taxes, is hereby imposed upon the purchase of prepared foods and alcoholic liquor at retail at any prepared food facility or alcoholic liquor facility within the Village, at the rate set forth in Appendix A, Division II of this Code. The ultimate incidence of and liability for payment shall be bome by the purchaser. SECTION 2: Appendix A, Division II of the Village Code of the Village of Mount Prospect shall be amended to delete Section 8.902 in its entirety and a new Section 8.902 is inserted to be and read as follows: Section 8.902: IMPOSITION OF TAX: Rate: 1% of purchase price of food and beverages SECTION 3: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYES: ABSENT: PASSED and APPROVED this __day of _,2003. ATTEST: Gerald L. Farley, Village President Velma W. Lowe, Village Clerk C:\Documents and SettingsXBHill. DOMAIN\My Documents~amendfood and beverage tax ordinance.doc ORDINANCE NO. AN ORDINANCE AMENDING APPENDIX A - DIVISION II OF THE THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: That Appendix A, Division II of the Village Code of the Village of Mount Prospect shall be amended to delete a certain portion of Section 17.103 beginning with the phrase "Effective February 1, 2007:" and through the end of the section. SECTION 2: That Appendix A, Division II of the Village Code of the Village of Mount Prospect shall be amended to delete Section 17.105 in its entirety and a new Section 17.105 is inserted to be read as follows: Section 17.105: DEALERS' LICENSES: A. AnnuaIFee: $36.00. SECTION 3: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYES: ABSENT: PASSED and APPROVED this __day of ., 2003. ATTEST: Velma W. Lowe, Village Clerk I:WtYDOC~amend motor fuel tax ordinance Gerald L. Farley, Village President ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 8 OF THE THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: That Section 8.1807 of Chapter 8, Article XVIII of the Village Code of the Village of Mount Prospect shall be amended to delete Section 8.1807 in its entirety. SECTION 2: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYES: ABSENT: PASSED and APPROVED this __day of ,2003. ATTEST: Velma W. Lowe, Village Clerk l:kMYDOCkamend motor fuel tax ordMance Gerald L. Farley, Village President Village of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: FROM: DATE: SUBJECT: PURPOSE: VILLAGE MANAGER MICHAEL JANONIS ACTING DIRECTOR OF FINANCE June 24, 2003 COMPREHENSIVE ANNUAL FINANCIAL REPORT- 12/31/02 To present the Comprehensive Annual Financial Report (CAFR) for the fiscal year ended December 31, 2002. BACKGROUND: Each year, the Village retains a CPA firm to audit the Village's CAFR. Sikich Gardner & Co, LLP performed the audit of the Village's CAFR for the fiscal year ended December 31,2002. DISCUSSION: Sikich Gardner has given our 2002 CAFR an "unqualified opinion". This means that their examination found our financial statements to be fairly presented and prepared in accordance with generally accepted accounting principles. Their opinion can be found on pages 1 and 2 in the financial section. A detailed overview of the financial results for the fiscal year is provided in the transmittal letter to the CAFR, which may be found on pages iv through xviii in the report's introductory section. Following are a few of the more significant highlights: General Fund: General Fund revenues of $28,094,144 fell short of projections by $288,985 or 1.0%. The following table shows the breakdown of the positive variance by major revenue categories. Revenue Type Revised Budget Actual Variance % Variance Property Taxes $ 7,305,151 $7,228,932 $(76,219) (1.0)% Other Taxes 3,267,654 3,353,759 86,105 2.6 % Licenses, Permits 2,765,000 2,887,754 122,754 4.4 % Intergovernmental 13,046,374 12,297,755 (748,619) (517)% Service Charges 780,176 762,224 (17,952) 2.3% Fines and Forfeits 434,400 521,289 86,889 20.0% Investment Earnings 345,000 314,886 (30,114) (8.7%) Miscellaneous 438,560 727,545 288,985 65.9% Total Revenue $28,382,315 $28,094,144 $288,171 1.0% Property tax revenues were down $76,219 from the original projection. The amount collected by the Comprehensive Annual Financial Report June 24, 2003 Page 2 County and remitted to the Village came in at 99% of the original levy which is the average collection ratio for the Village. Revenue classified as Other Taxes exceeded our projections by $86,105, or 2.6%. The real estate transfer tax generated $1,016,563, a positive variance of $301,563, or 42.2%, due to a strong real estate market and some large commercial property transfers. The telecommunications tax fell short of the budgeted amount by $160,203 and both the gas and electric utility taxes were also below their budgeted amount. Intergovernmental revenues of $12,297,755 fell $748,619 (5.7%) short of the $13,046,374 projected. State sales tax receipts of $7,852,454 were slightly under the $7,856,964 anticipated. State income tax receipts totaled of $3,690,811 and fell $484,189 short of the $4,175,000 we expected. The state use tax also showed a significant drop of $191,822 or 29.2%. Corporate personal property replacement taxes of $182,336 were $47,664 short of projections. Due to budget difficulties the State of Illinois stopped distributing the photofinishing tax as of July of 2002 resulting in a $55,404 decrease in expected revenue from that source. Fines and forfeits exceeded revenue projections by $86,889 or 2010%. The increase was mainly due to an increase in parking ticket revenues. Actual expenditures totaled $28,092,917, representing a positive variance of $506,562, or 1.8%, over the revised 2002 Budget. The following table presents a breakdown of actual expenditures as compared to the final budget for each department. Variance % Variance Revised Positive/ Positive Department Budget Actual (Negative) (Negative) Village Board $ 105,468 $ 100,879 $4,589 4.3% Village Manager 1,359,962 1,360,166 (204) 0.0% Television Services 205,228 172,215 33,013 16.1% Village Clerk 144,504 139,470 5,034 3.5% Finance 1,393,203 1,374,800 18,403 1.3% Human Services 751,486 710,332 41,154 5.5% Community Dev. 1,513,944 1,370,807 143,137 9.5% Police 9,847,807 9,777,086 70,721 .7% Fire 7,850,578 7,846,295 4,283 0.0% Public Works 5,108,187 4,946,818 161,369 3.2% Miscellaneous 319,112 294,049 25,063 7.9% Total Expenditures $28,599,479 $28,092,917 $506,562 1.8% omprehensive Annual Financial Repo~ June 24,2003 Page 3 The General Fund is showing an excess of revenues over expenditures of $1,227. Fund balance as of December 31,2002 was $9,449,924. Unreserved fund balance at year-end was $9,275,071, representing 32% of bUdgeted operating expenditures for 2003. Special Revenue Funds: In total, the special revenue fundS are showing an excess of expenditures over revenues in the amount of $81,407. Fund balance for the special revenue funds totaled $4,147,523 at year-end. Debt Service Funds: The various debt service funds are showing an operating deficit of $926,251 for the year, on revenues and other financing sources of $4,486,239 and expenditures of $5,412,490. The Village is intentionally drawing down excess fund balance in some of the debt service funds. Fund balance for the debt service funds totaled $1,432,733 at December 31,2002. Capital Projects Funds: Expenditures exceeded revenues and other financing sources by $3,573,743 in 2002. Planned expenditures for property acquisition, Station 12 improvements and the start of the construction for the new parking deck took place during 2002.The year-end fund balance was $10,860,391. Water and Sewer Fund: This fund is showing net income of $1,065,789 on revenues of $7,827,231 and expenses of $6,761,442. The net income figure includes depreciation expense of $410,308 and excludes $104,900 of bond principal payments. Pension Trust Funds: The equity investments for the pension funds continued to decline in 2002. The Police Pension Fund is showing a decrease of $479,68 in net plan assets, while the Firefighters Pension Fund is showing a slight increase of $97,645. According to the December 31, 2001 actuarial report, the most recent information available, the Police Pension Fund was 82.16% funded and the Firefighters pension FUnd Was 84.53% funded. RECOMMENDATION: It is recommended the Village Board accept the Comprehensive Annual Financial Report for the fiscal year ended December 31, 2002. CAROL L. WlDMER Copy: Finance Commission Members illage of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: FROM: DATE: SUBJECT: VILLAGE MANAGER MICHAEL JANONIS ACTING DIRECTOR OF FINANCE JUNE 24, 2003 SINGLE AUDIT ACT COMPLIANCE - 12131102 PURPOSE: To present the Single Audit Compliance Report for the fiscal year ended December 31, 2002. BACKGROUND: Each year as part of the annual financial audit, the Village engages a CPA firm to undertake a compliance audit of the Village's federal and state grant receipts pursuant to the U.S. Office of Management and Budget (OMB) Circular A-133. This is commonly referred to as the Single Audit Act. Sikich Gardner & Co. LLP performed the Single Audit for the fiscal year ended December 31,2002. DISCUSSION: As you can see on pages 3 and 6 of the Single Audit Report, the auditors are reporting that the Village complied with the Single Audit Act for 2002. RECOMMENDATION: It is recommended the Village Board accept the Single Audit Compliance Report for the fiscal year ended December 31, 2002. CAROL L. WIDMER H:~ACCT'C, UDI'R2002 Audit\Single Audit\Memo to Manager.doc6/27/20031:42 PM illage of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: FROM: DATE: SUBJECT: VILLAGE MANAGER MICHAEL JANONIS ACTING DIRECTOR OF FINANCE JUNE 24, 2003 TIF COMPLIANCE AUDIT- 12/31102 PURPOSE: To present the Report on Compliance with Public Act 85-1142 for the fiscal year ended December 31, 2002. BACKGROUND: Each year as part of the annual financial audit, the Village engages a CPA firm to undertake a compliance audit of our tax increment financing activities. Sikich Garnder and Co. LLP performed the TIF compliance audit for the fiscal year ended December 31, 2002. DISCUSSION: As you can see on page 4 of the TIF Compliance Report, the auditors are reporting that the Village complied with the requirements of the Tax Increment Redevelopment Allocation Act (P.A. 85-1142). RECOMMENDATION: It is recommended the Village Board accept the Report on Compliance with Public Act 85-1142 for the fiscal year ended December 31, 2002. CAROL L. WIDMER H:~ACCT~UDIT~2002 Audit\Correspondence\TIF Transmittakdoc6/23/20035:24 PM illage of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: FROM: DATE: SUBJECT: PURPOSE: VILLAGE MANAGER MICHAEL JANONIS ACTING DIRECTOR OF FINANCE JUNE 24, 2003 AUDITOR'S MANAGEMENT LETTER - 12/31/02 To present the Auditor's Management Letter for the fiscal year ended December 31,2002. BACKGROUND: Auditing Standards require auditors to present a management letter to the governing boards of entities they have audited. The purpose of the letter is to inform the board of any problems they encountered during the audit, and to report any deficiencies in internal controls uncovered during the course of the audit. DISCUSSION: Attached is the Management Letter prepared by Sikich Gardner & Co., LLP for the fiscal year ended December 31,2002. The auditors did not make any recommendations for improvement for the fiscal year 2002. Page four of the Management Letter reports on the prior year's recommendations. As you can see, the Village has implemented the recommendations made last year. RECOMMENDATION: It is recommended the Village Board accept the auditor's Management Letter for the fiscal year ended December 31, 2002. CAROL L. WIDMER H:~ACCT~,UDIT~,2002 AuditW1gmt Letter Transmittal.doc6/27/20031:42 PM LA W OFFICES Patrick A. Lucansky E. Kenneth Friker Gerard E. Dempsey Terrence M. Bamicle Bruce A. Zolna ~'ames P. Bartley Michael .L Duggan Thongs P. Bayer Dennis G. Welsh Scott F. Uhler Everette M. Hill, Jn Janet N. Petsche James V. Ferolo Michael T. Jurusik Thonms M. Melody TO: FROM: DATE: RE: KLEIN, THORPE AND JENKINS, LTD. Suite 1660 20 North Wacker Drive Chicago, Illinois 60606-2903 Telephone (312) 984-6400 Facsimile (312) 984-6444 (312) 606-7077 Orland Park Office 15010 S. Rax4nia Avenue, Suite 17 Orland Park, IL 60462-3162 Telephone (708) 349-3888 Facsimile (708) 349-1506 Rinda Y. Allison Lance C. Malina Kathleen T. Henn Jolm R. Wiktor George A. Wagner James G. Wargo Suzanne M. Fitch Michael A. Man's Shawn P, Lee Of Counsel Richard T. Wimmer Writer's Direct Dial (312) 984-6420 MEMORANDUM Writer's E-Mail emhilI(a)kt[net, cem Michael E. Janonis, Village Manager Village of Mount Prospect Everette M. Hill, Jr. June 19, 2003 Housekeeping Ordinances Attached please find three ordinances amending our Village Code. These are items that have been brought to my attention by staff members who were seeking clarification with respect to the issues addressed by these ordinances. A brief explanation of each ordinance follows: 1. Failure to Obtain License. Each year, the Finance Department spends an inordinate amount of time trying to get recalcitrant businesses to pay their business license fees. Under current ordinances, we must hold a formal hearing in order to cause a noncompliant business to close. Since whether or ' not a business has paid for and obtained a license does not lend itself to factual dispute, I see no reason to require a formal hearing. It is our hope that a posted Notice of Closing will immediately bring the business owner in to purchase the license. 2. Joint and Several Liability of Landlord and Tenant. Finance has had trouble from time to time with respect to collecting fees when a tenant moves away leaving debts to the Village. The landlord is typically unresponsive, even though the landlord had the benefit of rental payments from the tenant. This ordinance assures that both landlord and tenant are liable. It would apply primarily to water and garbage collection fees. 3. DUI Ordinance. A couple of years ago, the state lowered the presumption of intoxication threshold for DUI purposes from .10 to .08. We no longer write DUI under local ordinances, so we did not immediately make this change in our Code. This ordinance accomplishes that. If you have any questions or comments, please contact me. ORDINANCE NO.. AN ORDINANCE AMENDING CHAPTER 11 OF THE THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: A new Section 11.3414, entitled "Failure to Obtain License, Summary Closing" to Chapter 11 of the Village Code of Mount Prospect shall be added which shall be and read as follows: Sec. 11.3414. Failure to Obtain License, Summary Closing. If a business is required to be licensed by Village regulations and is open during a period for which such a license has not been obtained, the Village Manager may order the immediate closing of that business. The posting of a Notice of Closing on the main entrance to the business shall be sufficient notice to the business owner to cause such immediate closing. Any person or business remaining open in violation of such Notice of Closing or removing a Notice of Closing, as posted, shall be fined as set forth in Division III of Appendix A. The Owner of the business shall be conclusively liable for removal of the Notice of Closing if such notice is removed and the Mount Prospect Police Department is not immediately notified of such removal. SECTION 2: Appendix A, Division Ill of the Village Code of the Village of Mount Prospect shall be amended to include Section 11.3414 under Chapter 11 placed numerically as follows: Section 11.3414, FAILURE TO OBTAIN LICENSE, SUMMARY CLOSING. Fine: $500.00 per day Fine: $1,000.00 for removal of Notice of Closing SECTION 3: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this __ day of ., 2003, ATTEST: Gerald L. Farley, Village President Vetma W. Lowe, Village Clerk C :/My Files'~Mp\O RD S~Se¢ 11.3414 F aifure[oO~tainLicen seOrd.vcd ORDINANCE NO, AN ORDINANCE AMENDING CHAPTER 25 OF THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: Chapter 25 entitled "The Village Code" of the Village Code of the Village of Mount Prospect shall be amended by adding a new paragraph D to Section 25.104 entitled "Joint and Several Liability of Landlord and Tenant" which new paragraph D shall be and read as follows: D. Joint and Several Liability of Landlord and Tenant. If the Village Code establishes any fee, fine, penalty, bond or insurance requirement with respect to any person on account of that person's use or occupancy of land or other premises; then any occupant, owner, landlord or tenant shall be jointly and severally liable for such fee, fine, penalty, bond or insurance requirement. SECTION 2: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this ~ day of ,2003. ATTEST: Velma W. Lowe, Village Clerk Gerald L. Farley, Village President ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 18 (TRAFFIC) OF THE MOUNT PROSPECT VILLAGE CODE BE IT ORDAINED by the President and Board of Trustees of the Village of Mount Prospect, Cook County, Illinois, as follows: SECTION 1: That the title of Section 18.501, DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL, OTHER DRUG, OR COMBINATION THEREOF~ shall be amended to be and mad as follows: 18.501 DRIVING WHII.E UNDER THE INFLUENCE OF ALCOHOL, OTHER DRUG OR DRUGS, INTOXICATING COMPOUND OR COMPOUNDS OR ANY COMBINATION THEREOF. SECTION 2: That subsection A of Section 18.501, DRIVING WHILE UNDER THE INFLUENCE OF ALCOHOL, OTHER DRUG OR DRUGS, INTOXICATING COMPOUND OR COMPOUNDS OR ANY COMBINATION THEREOF, shall be and read as follows with subsection B to remain unchanged: A person shall not drive or be in actual physical control of any vehicle within this village while: 1. The alcohol concentration in such person's blood or breath is eight one-hundredths (0.08) or more based on the definition of blood and breath units in section 18.501.2 of this article; 2. Under the influence of alcohol; 3. Under the influence of any intoxicating compound or combination of intoxicating compounds to a degree that renders the person incapable of driving safely; 4.Under the influence of any other drug or combination of drugs to a degree that renders the person incapable of safely driving; 5. Under the combined influence of alcohol, other drug or drugs, or intoxicating compound or compounds to a degree that renders the person incapable of safely driving; or 6. There is any amount of a drug, substance, or compound in the person's breath, blood, or urine resulting from the unlawful use or consumption of cannabis listed in the Cannabis Control Act,720 ILCS 550/1 et seq., a controlled substance listed in the Illinois Controlled Substances Act, 720 ILCS 570/100 et seq., or an intoxicating compound listed in the Use of Intoxicating Compounds Act, 720 ILCS 690/0.01 et seq., which Acts, as in effect on January 1, 2003, and as may be thereafter amended, are hereby adopted by reference. iManage 111908 I SECTION 3: That subsection A of Section 18.50t. 1, SUSPENSION OF DRIVER'S LICENSE; IMPLIED CONSENT:, be amended to be and read as follows: Any person who drives or is in actual physical control of a motor vehicle upon the public highways of this village shall be deemed to have given consent, subject to the provisions of section 18.501.2 of this article, to a chemical test or tests of blood, breath, or urine for the purpose of determining the alcohol, other drug, intoxicating compound or compounds, or combination thereof content of such person's blood if arrested, as evidenced by the issuance of a uniform traffic ticket for any offense as defined in section 18.501 of this article. The test or tests shall be administered at the direction of the arresting officer. The chief of police of the village shall designate which of the aforesaid tests shall be administered by their enforcement personnel. .SECTION 4: This Ordinance shall take effect from and after its passage and approval in the manner provided by law. The Village Clerk is hereby directed and ordered to publish this ordinance in pamphlet form. PASSED by the President and Board of Trustees of the Village of Mount Prospect, Cook County, Illinois, this __ day of ,2003. AYES: NAYS: ABSENT: Village Clerk APPROVED by me this day of ,2003. ATTEST: Village President Village Clerk iManage 111908 I