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HomeMy WebLinkAbout5. New Business 05/21/2013 îð Òò É¿½µ»® Ü®·ª»ô ͬ» ïêêð ïëðïð Íò οª·²·¿ ߪ»²«»ô ͬ» ïð ݸ·½¿¹±ô ×´´·²±·­ êðêðêóîçðí Ñ®´¿²¼ п®µô ×´´·²±·­ êðìêîóëíëí íïî çèì êìðð íïî çèì êììì éðè íìç íèèè éðè íìç ïëðê é÷é÷ ¹¿©¿¹²»®àµ¬¶´¿©ò½±³ ÜÜ íïîóçèìóêìêè ©©©òµ¬¶´¿©ò½±³ MEMORANDUM VIA E-MAIL To: Michael Janonis, Village Manager, Village of Mount Prospect From: George A. Wagner Date: May 15, 2013 Re: Ordinances amending the Building and Property Maintenance Codes in Chapter 21 of the Village Code and the Fire Prevention Code in Chapter 24 of the Village Code. ______________________________________________________________________ The current Building, Property Maintenance and Fire Prevention Codes are based primarily upon certain International model code regulations contained in the 2006 edition of the related model codes. For purpose of updating the Building, Property Maintenance and Fire Prevention Codes, the Community Development and Fire Departments are recommending adoption of the 2012 editions of those International codes and more current versions of other model codes, subject to certain modifications to strengthen enforcement and comply with current local regulations and needs BUILDING CODE Article I of Chapter 21, , of the Village Code currently adopts the 2006 edition of the International Building Code, the 2006 edition of the International Mechanical Code, the 2004 Illinois State Plumbing Code, the 2006 edition of the International Residential Code For One- And Two-Family Dwellings, the 2005 edition of the National Electrical Code, the 2006 edition of the International Energy Conservation Code and the 2006 edition of the International Fuel Gas Code, along with all appendices. The proposed Ordinance adopts the 2012 editions of the International Building Code, International Mechanical Code, International Residential Code For One- And Two-Family Dwellings, and International Fuel Gas Code, as well as the 2011 edition of the National Electrical Code and all appendices. The proposed Ordinance continues to adopt the 2004 Illinois State Plumbing Code and now cites to related state regulations, but does not adopt the 2012 edition of the International Energy Conservation Code, since the State of Illinois has adopted it. The Codes proposed for adoption are subject to certain local amendments, most of which are similar to those contained in the current Building Code. Some additional modifications include: 1.Reference to the Illinois Elevator Safety Act (Section 21.103(A)(17), (19)); 2.Deletion of the permit and certificate of occupancy requirements, as addressed elsewhere; revision of the appeal provision to allow appeals to the Village Manager; reference to the fee 1 308475_1 schedule in Article III of the Building Code; and reference to the penalty section in Section 21.403: Section 21.104 (Mechanical Code); Section 21.106 (Residential Code); and Section 21.108 (Fuel Gas Code) all being so modified. 3.Section 21.106, Residential Code: Wood foundations are prohibited (Section 21.106(A)(11)). PROPERTY MAINTENANCE CODE Article VI of Chapter 21 currently adopts the 2006 edition of the International Property Maintenance Code together with all appendices, subject to certain local modifications. The proposed Ordinance adopts the 2012 edition of the International Property Maintenance Code together with all appendices, subject to certain local modifications, many of which are similar to those contained in the current Property Maintenance Code. Of interest is Subsection 302.8, Motor Vehicles, which is amended to prohibit trailers, in addition to inoperative or unlicensed motor vehicles, from being parked, kept or stored on any premises, or in a state of disrepair, unless inside a structure or enclosed area designed and approved for such purposes. FIRE PREVENTION CODE Article I of Chapter 24 currently adopts the 2006 edition of the International Fire Code together with all appendices, subject to certain local modifications. It also cites in Section 24.102 and throughout the Chapter to certain National Fire Prevention Code (NFPA) codes and standards based upon various editions of the NFPA. The proposed Ordinance adopts the 2012 edition of the International Fire Code together with all appendices, subject to certain local modifications, many of which are similar to those contained in the current Fire Prevention Code. In addition, it amends the cited NFPA codes to apply to more recent versions of the NFPA. Some of the more significant revisions are: 1.Subsection C of Section 24.102 deletes an exception in Section 307.4.3 of the International Fire Code. 2.Subsection D of Section 24.102 creates certain definitions. 3.Subsection C of Section 24.201, Automatic Detection and/or Extinguishment of Fire, now esting and references both NFPA 20 and 25. 4.Subsection D(1) of Section 24.202, Automatic Sprinkler and Suppression Systems, is revised to exclude certain sections of the International Fire Code. 5.Subsection K(1) of Section 24.202, Automatic Sprinkler and Suppression Systems, requires the degree down angle. 6.Subsection A(5) of Section 24.204, Fire Alarm Systems, redefines the requirements for voice evacuation fire alarm systems in buildings or structures with an occupied floor located more stories. 7.Subsection A(5)(c) of Section 24.204, Fire Alarm Systems, now refers to Section 508 of the International Building Code. 8.Subsection B(6) of Section 24.207, Carbon Monoxide Alarms, deletes the exceptions for carbon monoxide alarms found in Section 908.7 of the International Fire Code. 2 308475_1 The Community Development and Fire Departments are recommending adoption of the proposed Ordinances and have requested that this memorandum and attachments be forwarded to the Village Board for review and consideration at its May 21, 1013 meeting. Department staff will be present to answer any questions related to this matter. If you have any questions, please contact me. cc: Dave Strahl, Assistant Village Manager John Malcolm, Fire Chief Bill Cooney, Director of Community Development Bill Schroeder, Building Commissioner Bob Roels, Environmental Health Manager Bryan Loomis, Fire Marshal Lisa Angell, Village Clerk Everette M. Hill, Jr. 3 308475_1 ORDINANCE NO. _____ AN ORDINANCE AMENDING CHAPTER 21, OF THE VILLAGE CODE OF THE VILLAGE OF MOUNT PROSPECT, ADOPTING THE INTERNATIONAL BUILDING CODE -2012 EDITION, INTERNATIONAL MECHANICAL CODE 2012 EDITION, 2004 ILLINOIS STATE PLUMBING CODE, INTERNATIONAL RESIDENTIAL CODE FOR ONE- AND TWO-FAMILY DWELLINGS 2012 EDITION, NATIONAL ELECTRICAL CODE -2011 EDITION, AND INTERNATIONAL FUEL GAS CODE 2012 EDITION, WITH CERTAIN AMENDMENTS AND OTHER MODIFICATIONS, INCLUDING AMENDMENT OF APPENDIX A THE VILLAGE CODE WHEREAS, the Village of Mount Prospect is authorized to adopt codes by reference pursuant to Illinois Municipal Code, 65 ILCS 5/1-3-2; and WHEREAS, a copy of the International Building Code, 2012 Edition, International Mechanical , Code 2012 Edition, 2004 Illinois State Plumbing CodeInternational Residential Code For One- And Two-Family Dwellings 2012 Edition, National Electrical Code -2011 Edition, and International Fuel Gas Code 2012 Edition, and all appendices, have been on file with the Office of the Clerk of the Village of Mount Prospect for thirty (30) days and has, during that time, been available for public use, inspection, and examination; and WHEREAS, the Village desires to amend Chapter 21Building Code, of the Mount Prospect Village Code to adopt the International Building Code, 2012 Edition, International Mechanical Code 2012 Edition, 2004 Illinois State Plumbing Code, International Residential Code For One- And Two-Family Dwellings 2012 Edition, National Electrical Code -2011 Edition, and International Fuel Gas Code 2012 Edition, and all appendices, subject to certain modifications, and to make certain other modifications to Chapter 21 and Appendix A. NOW, THEREFORE,BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, PURSUANT TO ITS HOME RULE POWERS: SECTION 1: 21Building deleted in its entirety and the following inserted in its place: 21.101: PURPOSE: The purpose of this chapter is to provide for safety, health and public welfare through structural strength and stability, means of egress, adequate light and ventilation and protection to life and property from fire and hazards incident to the design, construction, alteration, removal or demolition of buildings and structures in the village limits. 21.102: SCOPE: The provisions of this chapter apply to the construction, alteration, equipment, use and occupancy, location, maintenance of and additions to buildings and structures and to 1 301373_1 appurtenances such as, but not limited to, vaults, areaways and street encroachments hereafter erected and, where expressly stated, existing on land or over water; and to buildings and structures and equipment for the operation thereof hereafter moved or demolished within the corporate limits of the village. The provisions of this chapter based on occupancy also apply to conversions of existing buildings and structures or portions thereof from one occupancy classification to another. 21.103: BUILDING CODE ADOPTED: For the purpose of establishing rules and regulations for the construction, alteration, removal, demolition, equipment, use and occupancy, location and maintenance of buildings and structures, there is hereby adopted the 2012 edition of the international building code promulgated by the International Code Council, together with all appendices, except such portions thereof as are hereinafter expressly deleted, modified or amended. A. While the 2012 edition of the international building code and all appendices have hereinabove been adopted, the following exceptions thereto (consisting of certain deletions and changes) shall control wherever such exceptions are applicable or are in conflict with certain other provisions of that code: 1. A new subsection 101.1, shall be inserted to be and read as follows: 101.1. Jurisdiction. - Village of Mount Prospect. 2. Subsection 101.2.1 shall be deleted in its entirety. 3. Subsection 101.4.3, Plumbing, shall be amended by deleting the phrase "international plumbing code" and replacing it with the phrase "2004 Illinois state plumbing code with local amendments". 4. Section 105, Permits, shall be deleted in its entirety. 5. Section 109 shall be deleted in its entirety and the following inserted in its place: 109 Appropriate Schedules. : Refer to article III - Fees, Bonds And Deposits of Chapter 21, Building Code, of the Mount Prospect Village Code. 6. Section 111, Certificate Of Occupancy, shall be deleted in its entirety. 7. Section 113, Board Of Appeals, shall be deleted in its entirety and the following inserted in its place: 113. Appeals. Any person shall have the right to appeal to the village manager a decision of the code official concerning the interpretation of this code or to request a modification of this code. Any application for appeal to the village manager shall be based on a claim 2 301373_1 that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted or the provisions of this code do not fully apply. 8. A new subsection 114.5 shall be inserted to be and read as follows: 114.5. Penalty. - Section 21.403 of Chapter 21, Building Code, of the Mount Prospect Village Code shall apply. 9. Section 202.0, General Definitions, shall be amended by inserting a definition for the phrase "Fire Official" to be and read as follows: Fire Official: The chief of the fire department or of the fire prevention bureau or duly authorized representative appointed by the authority having jurisdiction. 10. The definition of the phrase "High rise" in Section 202.0, General Definitions, shall be amended by deleting the phrase "75 feet (22860 mm)" and replacing it with the phrase "35 feet (10668 mm)". 11. Subsection 403.1 shall be amended by deleting exceptions 4 and 5. 12. A new subsection 706.1.2, Fire Walls, shall be inserted to be and read as follows: 706.1.2. Fire Walls: Fire walls are required between attached single family homes, townhomes, and multi-story condominium units. 13. Subsection 706.3, Fire Walls - Horizontal Continuity Of, shall be amended by deleting the phrase "any approved noncombustible" and replacing it with the phrase "solid or hollow masonry units or plain or reinforced concrete". 14. A new subsection 910.2.3, Smoke And Heat Vents, shall be inserted to be and read as follows: 910.2.3 Smoke and Heat Vents. : An approved smoke hatch shall be installed at the top of all interior stairwells in non residential buildings and are not required in single family dwellings. 15. A new subsection 1801.2.1, Wood Foundations, shall be inserted to be and reads as follows: 1801.2.1. Wood Foundations: All Wood foundations, which include timber footing in all forms, are hereby prohibited. 16. Subsection 3001.2, Referenced Standards, shall be amended by deleting the text and replacing it with the following: 3 301373_1 3001.2. Referenced Standards: All referenced standards shall be as stringent as, and comply with, the Illinois elevator safety act, as amended, and related rules, then in effect. 17. Subsection 3001.4, Change In use, shall be amended by inserting a new sub-subsection 3001.4.1, Elevator Car Size, to be and read as follows: 3001.4.1. Elevator Car Size: In all buildings at least one elevator shall be provided for fire department emergency access to all floors in building. Such elevator car shall be of such size and arrangement as to accommodate a minimum 24 inch by 80 inch (610 mm to 2032 mm) ambulance stretcher in the horizontal open position and shall be identified by the international symbol for emergency medical services (the Star of Life). The symbol shall not be less than 3 x 3 inches high and wide (76 mm x 76 mm) and shall be placed inside on both sides of the main lobby hoistway door frame. 18. Subsection 3006.1, Access, shall be amended by deleting the text and replacing it with the following: 3006.1. Access: An approved means of access shall be provided to elevator machine rooms and overhead machinery equipment spaces. This means is not to be used as a passage way through the machine room to other areas of the building or roof. 19. A new section 3007, Existing Elevators, shall be inserted to be and read as follows: 3007. Existing Elevators. 3007.1 All existing elevators shall comply with subsection 3001.2. 20. A new section 3009, Maintenance and Accidents, shall be inserted to be and read as follows: 3009. Maintenance and Accidents. 3009.1. Owner Responsibility: The owner or the owner's legal agent for the building in which the equipment is located shall be responsible for the care, maintenance and safe operation of all equipment covered by this code after the installation thereof and acceptance by such owner or agent. The owner or legal agent shall make or cause to be made all periodic tests and inspections, and shall maintain all equipment in a safe operating condition, as required by this article. 3009.2. Contractor Responsibility: The person installing any device covered by this code shall make all acceptance tests and shall be responsible for the care and safe operation of such equipment during its construction and until temporarily or finally accepted by the AHJ (authority having jurisdiction) elevator inspector. 3009.3. Maintenance Items: All operating and electrical parts and accessory equipment or devices subject to this code shall be maintained in a safe operating condition. The maintenance of elevators, dumbwaiters and escalators shall conform to ASME A17.1, 4 301373_1 which is listed in appendix A. 3009.4. Unsafe Conditions: If, upon inspection, any equipment covered in this code is found to be in an unsafe condition, or not in accordance with the provisions of this code, the AHJ shall thereupon serve a written notice of such finding upon the building owner or lessee, stating the time when recommended repairs or changes shall be completed. After the service of such notice, it shall be the duty of the owner to proceed within the time allowed to make such repairs or changes as are necessary to place the equipment in a safe condition. It shall be unlawful to operate such equipment after the date stated in the notice unless such recommended repairs or changes have been made and the equipment has been approved, or unless an extension of time has been secured from the AHJ in writing. 3009.4.1. Power To Seal Equipment: In cases of emergency, the AHJ, in addition to any other penalties herein provided, shall have the power to seal out of service any device or equipment covered by this code when, in the opinion of the AHJ, the condition of the device is such that the device is rendered unsafe for operation or for willful failure to comply with recommendations and orders. 3009.4.2. Notice Of Sealing Out Of Service: Before sealing any device out of service, the AHJ, except in case of emergency, shall serve written notice upon the building owner or lessee stating intention to seal the equipment out of service and the reasons therefore. 3009.4.3. Unlawful To Remove Seal: Any device sealed out of service by the AHJ shall be plainly marked with a sign or tag indicating the reason for such sealing. Any tampering with, defacing or removal of the sign, tag or seal without approval shall constitute a violation of this article. 3009.5. Accidents Reported And Recorded: The owner of the building shall immediately notify the AHJ of every accident involving personal injury or damage to apparatus on, about or in connection with any equipment covered by this article, and shall afford the AHJ every facility for investigating such accident. When an accident involves the failure, breakage, damage or destruction of any part of the apparatus or mechanism, it shall be unlawful to use such device until after an examination by the AHJ is made and approval of the equipment for continued use is granted. It shall be the duty of the AHJ to make a prompt examination into the cause of the accident and to enter a full and complete report thereof in the records of the building department. Such records shall be open for public inspection at all reasonable hours. 3009.6. Removal Of Damaged Parts: It shall be unlawful to remove from the premises any part of the damaged construction or operating mechanism of elevators, or other equipment subject to the provisions of this article, until permission to do so has been granted by the AHJ. 21. A new section 3010, Certificate Of Compliance, shall be inserted to be and read as follows: 5 301373_1 3010. Certificate Of Compliance. 3010.1. Operation And Inspection: The operation of all equipment governed by the provisions of this chapter and hereafter installed, relocated or altered shall be unlawful by persons other than the installer until such equipment has been inspected and tested as herein required and a final certificate of compliance has been issued by the AHJ. 3010.2. Posting Of Certificate Of Compliance: The owner or lessee shall post the current- issued certificate of compliance in a conspicuous place inside the elevator. 22. A new section 3011, Construction Documents And Permits, shall be inserted to be and read as follows: 3011. Construction Documents And Permits. 3011.1. Applications: The application for a permit shall be accompanied by construction documents in sufficient detail and indicating the location of the machinery room and equipment to be installed, relocated or altered; and all supporting structural members, including foundations. The construction documents shall indicate all materials to be used and all loads to be supported or conveyed. Documents shall be reviewed and approved before a permit is issued. 3011.2. Permit: Equipment or devices subject to the provisions of this code shall not be constructed, installed, relocated or altered unless a permit has been issued by the AHJ before the work is commenced. A copy of such permit shall be kept at the construction site at all times while the work is in progress. 23. A new section 3012, Tests And Inspections, shall be inserted to be and read as follows: 3012. Tests And Inspections. 3012.1. General: All equipment and devices covered by the provisions of this code shall be subjected to acceptance and maintenance tests and periodic inspections as required herein. 3012.2. Acceptance Tests: Acceptance tests and inspections shall be required on all new, relocated and altered equipment subject to the provisions of this code. Tests and inspections shall be of such a nature as to determine whether the entire installation is designed, constructed and installed in compliance with this code, and shall include all parts of the equipment and machinery. In addition, full load tests shall be performed on all equipment. All such tests shall be conducted in compliance with the requirements of Chapter 21, Building Code, of the Mount Prospect Village Code, and in the presence of the AHJ, or by an approved agency for the AHJ and by the person installing such equipment. 3012.3. Periodic Tests And Inspections: Periodic tests shall be required on all new and 6 301373_1 existing power elevators, and periodic inspections shall be performed on all new and existing equipment subject to the provisions of Chapter 21, Building Code, of the Mount Prospect Village Code. 3012.3.1. Periodic Tests: Periodic tests shall be made by the AHJ, or by an approved agency, and shall be made at the expense and responsibility of the owner. Where such tests are not made by the AHJ, the approved agency shall submit a detailed report of the tests to the AHJ on approved forms not more than 30 days after the completion of the tests. 3012.3.2. Periodic Inspections: Periodic inspections shall be made by the AHJ or by an approved agency. Where such inspections are not made by the AHJ, the approved agency shall submit a detailed report of the inspection to the AHJ on approved forms not more than 30 days after completion of the inspection. 3012.3.3. Frequency Of Tests And Inspections: Tests and inspections shall be conducted at intervals of not more than those set forth in ASME A17.1. 24. A new section 3013, Miscellaneous Elevator Requirements, shall be inserted to be and read as follows: 3013. Miscellaneous Elevator Requirements. 3013.1. Miscellaneous Hoisting And Elevator Equipment: All miscellaneous hoisting and elevating equipment shall be subjected to tests and inspections as required by the AHJ to ensure safe operation. 3013.2. Conveyors: Conveyors and related equipment shall be inspected and tested in accordance with ASME B20.1. 21.104: MECHANICAL CODE ADOPTED: A. The 2012 edition of the international mechanical code and all appendices is hereby adopted in its entirety, except such portions thereof as may be expressly deleted, modified or amended by this section. B. While the 2012 edition of the international mechanical code and all appendices have hereinabove been adopted, the following exceptions thereto (consisting of certain deletions and changes) shall control wherever such exceptions are applicable or are in conflict with certain other provisions of said code: 1. All references to the phrase "international plumbing code" shall be deleted and replaced with the phrase "2004 Illinois state plumbing code with village of Mount Prospect local amendments". 2. Section 105, Permits, shall be deleted in its entirety. 7 301373_1 3. A new section 109 shall be inserted to be and read as follows: 109. Appropriate Schedules: Refer to article III Fees, Bonds and Deposits of Chapter 21, Building Code, of the Mount Prospect Village Code. 4. Section 111, Certificate Of Occupancy, shall be deleted in its entirety. 5. Section 113, Board Of Appeals, shall be deleted in its entirety and the following inserted in its place: 113. Appeals. Any person shall have the right to appeal to the village manager a decision of the code official concerning the interpretation of this code or to request a modification of this code. Any application for appeal to the village manager shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted or the provisions of this code do not fully apply. 6. A new subsection 114.5 shall be inserted to be and read as follows: 114.5. Penalty. - See Section 21.403 of Chapter 21, Building Code, of the Mount Prospect Village Code. 21.105: PLUMBING CODE ADOPTED: The 2004 Illinois state plumbing code, 77 Ill. Adm. Code 890, last amended effective April 8, 2005 at 29 Ill. Reg. 5713, and all appendices, promulgated by the Illinois department of public health, is hereby adopted in its entirety, except such portions thereof as may be expressly deleted, modified or amended by this section. A. While the 2004 edition of the Illinois plumbing code and all appendices have hereinabove been adopted, the following exceptions thereto (consisting of certain deletions and changes) shall control wherever such exceptions are applicable or are in conflict with certain other provisions of that code: 1. A new section 890.560, Sanitary System Flood Control And Backwater Valves, shall be inserted to be and read as follows: 890.560. Sanitary System Flood Control And Backwater Valves. a. Sewer Pipe: All sewer pipe in a flood control system shall be either schedule 40 PVC plastic with solvent weld joints, or schedule 26 PVC "O" ring pipe, or service weight cast iron. 8 301373_1 b. Bypass Piping To Sump: Bypass piping shall be piped from the overflow fitting in the building sewer to discharge directly into the sump pit. Open tees shall not be considered as a direct connection. All sumps shall be provided with approved metal covers. c. Vaults For Flood Control Systems: All vaults for flood control systems shall be a minimum of 60 inches in diameter, the construction of which shall conform to the specifications for manholes contained in chapter 16, article V of the Mount Prospect Village Code. This minimum shall be adhered to unless otherwise specifically approved by the plumbing inspector because of space constraints. d. Cleanout Required: A full size cleanout is required on the street side of the flood control vault. e. Backwater Valves: All backwater valve assemblies must be AMSE/ANSI listed. Backwater valves shall not be installed inside the building at the base of the soil stack. All backwater valves for flood control shall be located either at the foundation wall, or in an approved vault that complies with subsection c. 2. The following additional requirements are hereby adopted: a. The following piping systems shall be installed only with the materials listed below: (1) Building sewer: SDR 26, gasketed push-joint clay, cast iron. Six inch (6") minimum diameter outside building. All building drains, in new construction, shall be installed as overhead installations to the sanitary sewer as required in subsection 16.502K of the Mount Prospect Village Code. Alterations or remodeling of existing basement plumbing with gravity sewers shall require an overhead installation connecting the ejector pump discharge into the soil stack at a height of seven feet (7') above the floor. (2) Underground drain, waste and vent: Cast iron, schedule 40 PVC. (3) Aboveground drain, waste and vent: Cast iron, galvanized iron, DWV copper, schedule 40 PVC. (4) Underground water supply: Type K copper, ductile iron. Refer to subsection 16.403J2 of the Mount Prospect Village Code for the minimum size. (5) Aboveground water supply: Types M, L, or K copper, galvanized iron pipe, brass, stainless steel pipe. 3. Where a building contains a floor, basement or cellar with plumbing fixtures below grade, the sewer shall be run overhead, and all below grade plumbing fixtures shall drain to an approved sanitary ejector pit. 9 301373_1 4. Wet venting shall be allowed by the plumbing inspector only when a plumbing fixture cannot be individually vented due to structural conditions. 21.106: RESIDENTIAL CODE ADOPTED: For the purpose of establishing rules and regulations for the fabrication, erection, construction, enlargement, alteration, repair, location and use of detached one- and two-family dwellings, their appurtenances and accessory structures, there is hereby adopted the 2012 edition of the international residential code for one- and two-family dwellings, promulgated by the International Code Council, together with all appendices thereof, except such portions thereof as are hereinafter expressly deleted, modified or amended. A. While the 2012 edition of the international residential code for one- and two-family dwellings and all appendices have hereinabove been adopted, the following exceptions thereto (consisting of certain deletions and changes) shall control wherever such exceptions are applicable or are in conflict with certain other provisions of that code: 1. Subsection R101.2, Scope, is amended by deleting the phrase "and one-family townhouses" and striking all exceptions. 2. Section R105, Permits, shall be deleted in its entirety. 3. A new section R109 shall be inserted to be and read as follows: R109. Appropriate Schedules: Article III Fees, Bonds and Deposits of Chapter 21, . Building Code, of the Mount Prospect Village Code shall apply 4. Section R111, Certificate Of Occupancy, shall be deleted in its entirety. 5. Section R113, Board Of Appeals, shall be deleted in its entirety and the following inserted in its place: R113. Appeals. Any person shall have the right to appeal to the village manager a decision of the code official concerning the interpretation of this code or to request a modification of this code. Any application for appeal to the village manager shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted or the provisions of this code do not fully apply. 6. A new Subsection R114.5 shall be inserted to be and read as follows: R114.5. Penalty. Section 21.403 of Chapter 21, Building Code, of the Mount Prospect Village Code shall apply. 7. Section R304, Minimum Floor Area Requirements, shall be amended by deleting the text and replacing it with the following: 10 301373_1 R304. Minimum Floor Area Requirements. a. Minimum floor area requirements, houses: Except as otherwise provided by ordinance, minimum floor areas of houses and rooms therein shall meet the following standards: (1) Minimum floor areas - total structures: The minimum floor area for the total structure of building shall be: Type Of Structure Minimum Area Sq. Ft. One story ranch house 1,000 Split level or raised ranch house 1,000 One and one-half story house 950 Two story house 800 The foregoing minimum floor area shall be measured at the first floor on the main floor level from the outside of exterior walls. (2) Minimum floor areas - living, dining and cooking rooms: The minimum floor area requirements for living, dining and cooking rooms shall be: Type Of Room Minimum Area Sq. Ft. Living and dining when in one room 310 Living only in one room when dining room space is provided in 220 kitchen or separate room Kitchen cooking only (including area occupied by equipment) 100 Kitchen and dining when dining space is not provided elsewhere 200 Kitchen and laundry (including area occupied by equipment) 140 Kitchen, dining and laundry 200 Utility room (including area occupied by equipment) 100 Kitchen, laundry and utility 200 (3) Minimum floor areas - sleeping rooms: The minimum floor area requirements for sleeping rooms shall be: 11 301373_1 Type Of Room Minimum Area Sq. Ft. Major bedroom 140 Second bedroom 120 Additional bedroom 100 (4) Minimum floor areas - other rooms: The minimum floor requirements for other rooms shall be: Type Of Room Minimum Area Sq. Ft. Major bathroom 40 Master bedroom closet 14 Other bedroom closets (at least one each) 10 All other habitable rooms not herein-above set forth 100 Minimum floor area for the foregoing shall be measured from the inside of all finished walls. 8. Section R309, Garages and Carports, is amended by inserting new Subsections R309.6 and R309.7, to be and read as follows: R309.6. Minimum Construction Requirements: Garages attached or built into residential buildings. a. The construction of garages attached or built into and made a part of residential construction shall be of the same quality as required for the dwelling to which the garage is attached. b. All floors of attached or built-in garages shall be six inches (6") below the grade of the floor of which it is attached or a part thereof and shall be pitched a minimum of 1 one and one-half inch (1/") from the rear of the garage towards the vehicle door. 2 Floor drains shall not be allowed in the garage unless equipped with a triple-basin oil intercept. c. There shall be no interconnection between a dwelling's forced air heating system and a garage. Supply or return air registers in the garages, which are connected to the dwelling's heating system, are prohibited. 12 301373_1 d. The minimum size of a one-car garage is 21'-0" x 10'-0" and 260 minimum square feet in total size. e. The minimum size of a two-car garage is 21'-0" x 21'0" and 490 minimum square feet in total size. R309.7, Minimum Construction Requirements: Detached garages. a.Location of detached garages on lots shall conform to requirements of the Mount Prospect zoning ordinance. b.Floors shall be not less than four inches (4") thick reinforced with #10 wire screen over a base of crushed stone or sand at least four inches (4") in depth. The base shall be placed on undisturbed soil. The floor shall be pitched a minimum of one and one- 1 half inches (1/") from the rear of the garage towards the vehicle door. Floor drains 2 shall not be allowed in the garage. c.Footings for frame garages shall be of not less than twelve inches (12") wide and not less than twelve inches (12") in depth around entire perimeter of slab. Footings for 1 brick garages shall be concrete, not less than three and one-half feet (3/') below 2 grade and not less than twelve inches (12") wide and eight inches (8") thick. Foundation walls shall be a minimum of eight inches (8") thick. Footings shall be placed on firm soil free of organic matter. d. Wall studs shall be spaced at not more than sixteen inches (16") on center and securely fastened to the bottom plate which shall be bolted to the floor. A double top plate shall be required and all wall studs and plates shall be a minimum of two inches by four inches (2" x 4"). Doubling of studs shall be required at all corners and jambs of openings more than three feet (3') in width. e.Each corner is to be wind-braced outward from the top in two (2) directions to a minimum of four feet (4') from corner at the bottom plate. Wind bracing shall be a minimum of one inch by four inches (1" x 4") and notched into the studding. f.All roof rafters must be at least two inches by six inches (2" x 6") and spaced not more than sixteen inches (16") o.c. Ridge board shall be required and of a size not less than two inches by six inches (2" x 6"). Ceiling ties of at least two inches by six inches (2" x 6") spaced evenly at maximum six (6) foot centers and a minimum of three (3) collar ties not less than one inch by six inches (1" x 6") at not more than four foot (4') centers are required on all common rafter spans more than twelve feet (12') in width. g.A minimum of one service door not less than two feet six inches by six feet eight inches (2'6" x 6'8") shall be required on all garages. At least one operable window with an area of at least five (5) square feet shall be installed. 13 301373_1 h.The maximum garage door height shall be eight ft. (8'). 1 i.Roof sheathing of not less than one-half inch (/") thick exterior grade plywood or 2 one inch (1") thick nominal size rough sawn sheathing. j.The minimum size of a one-car garage is 21'-0" x 10'-0" and 260 minimum square feet in total size. k.The minimum size of a two-car garage is 21'-0" x 21'0" and 490 minimum square feet in total size. l.All detached garages are to be covered in a code approved barrier. 9. Subsection R311.2, Exit Required, of Section R311, Means of Egress, is amended by deleting the phrases "one egress door" and replacing it with the phrase "two egress doors". 10. Section R324, Site Construction Standards, shall be deleted in its entirety and replaced with the following: R324 Construction Site Requirements. : The following regulations apply to residential room additions 500 square feet and over, demolitions of any type, new construction within or adjacent to residentially zoned properties, and any other type of construction work that presents a life-safety hazard to the property occupants, adjacent properties, and/or public-way. a. Construction Site Fencing: A minimum perimeter chain-link lockable fencing of five (5) feet in height shall be required for all single-family development projects, including, but not limited to, new construction, teardowns, and major additions. The required fencing shall remain erect and be maintained until the structure is properly secured. Fence screening may be required, at the village's discretion, to prevent dust and debris from blowing on to adjacent properties or public way. Snow-type fencing is not allowed to serve as a construction fence. b. Portable Washroom Facilities: Portable washroom facilities shall be placed on the construction site prior to work commencing and shall be placed within the confines of the fence and not be located within any required side yard or within any right-of-way. c. Site Cleanliness: The property shall be cleaned at the end of each workday, including the removal of mud and debris from the street and sidewalks, and snow and ice from the sidewalks. Construction debris and litter shall be kept in a refuse container. d. Silt Fence: A silt fence may be required in accordance with the detailed grading plan. The fence must be placed prior to any work commencing and must be maintained in good condition. 14 301373_1 e. Dust Control: Any dust created due to jobsite construction must be contained on the property. Tenting of the area and use of wet saws and/or a hose is recommended. f. Construction Mailbox: A construction mailbox shall be placed onsite and marked for construction document use only and not to be used as the property mailbox. g. Construction Documents: All approved construction documents, including tree protection plans, shall be maintained onsite and placed in a weather-protected 6" minimum diameter drawing tube or construction mailbox. The tube or construction mailbox shall be mounted on the sign post and fully accessible. 11. Subsection R402.1, Wood Foundations, of Section R402, Materials, is deleted in its entirety and replaced with the following: R.402.1 Wood Foundations: Wood foundations are hereby prohibited. 12. Section R405, Foundation Drainage, is amended of by adding a new Section R405.1.1, to be and read as follows: R405.1.1. Minimum Depth And Sump Pump. a. Minimum Depth. The minimum depth for crawl spaces shall be thirty six inches (36") from the bottom of the floor joists to the top of the finished slush coat. b. Slush Coat. All crawl spaces shall have a minimum two inch (2") slush coat covering a minimum four inch (4") #6 stone with a vapor retarder per R506.2.3. c. Sump Pump. All crawl spaces shall have a sump pump and drain tile system installed per the plumbing code unless otherwise approved by the code official due to site conditions and surrounding drainage property conditions. d. Plenum. Crawl spaces shall not be used as an open plenum for HVAC. 13. Subsection R703.9, Exterior Insulation Finish Systems (EIFS) General, shall be deleted in its entirety and replaced with the following: R703.9. Exterior Insulation Finish Systems (EIFS) General. All EIFS systems shall be prohibited on residential installations. Traditional (3) coat stucco is an approved use and substitute. 21.107: ELECTRICAL CODE ADOPTED: The 2011 edition of the national electrical code and appendices, promulgated by the National Fire Protection Association, is hereby adopted in its entirety, except such portions thereof as may be expressly deleted, modified or amended by this section. 15 301373_1 A. While the 2011 national electrical code and all appendices have hereinabove been adopted, the following exceptions thereto (consisting of certain deletions and changes) shall control wherever such exceptions are applicable or are in conflict with certain other provisions of that code: 1. Aluminum wire is strictly prohibited. All conductors shall be of solid or stranded copper. 2. In new work, where bracket boxes and recessed fixtures must be used, brackets must be screwed, not nailed, unless space limitations make it impractical. 3. All lay-in fixtures in grid ceilings must have at least two (2) independent hanger rods attached to fixtures at opposite corners. 4. Boxes in dropped ceilings must be supported with threaded rod, hanger rod, or listed bracket hangers. 5. All receptacles, including GFCI outlets, shall be of the self-grounding type or be grounded to the box by means of ground wire attached to the threaded hole in the box with a machine screw only. 6. Electrical services: a. In all cases where a circuit breaker panel would be mounted to a concrete foundation wall, it shall be mounted to plywood, or equivalent, so direct contact to below grade concrete will not cause the metal enclosure to rust. All rigid metal conduit related to services shall be mounted with clamp backs and straps, or equivalent. Minnies are not acceptable. b. Ground bushings or locknuts shall be used in both meter fittings and circuit breaker panels with no exceptions. c. When installing temporary wiring for an underground service, it must be routed through the bottom of the meter pedestal so access for inspection is possible. d. In commercial applications, all circuit breaker panels over two hundred (200) amp or larger shall be bolt-in type breakers only. e. The following materials referenced in the National Electrical Code are hereby prohibited unless specifically approved by the code official. Integrated Gas Space Cable, Mineral-Insulated, Metal-Sheathed Cable, Nonmetallic- Sheathed Cable, Service-Entrance Cable, Non Metallic Underground Conduit With Connectors, Liquidtight Flexible Nonmetallic Conduit, Flexible Nonmetallic Tubing, Electrical Nonmetallic Tubing, Nonmetallic Wireways, Nonmetallic Extensions, Surface Nonmetallic Raceways, Concealed Knob And Tube, Messenger Supported Wiring, and Open Wiring On Insulators. 16 301373_1 f. All ceiling boxes in habitable areas of residential buildings shall be listed and approved for ceiling fan installations. g. All conductors shall be of solid or stranded copper. h. All branch circuit conductors shall be connected to devices such as switches and receptacles by the means of the screw terminals provided on these devices. i. The following residential appliances shall be supplied with a dedicated branch circuit: (1) Furnace/heating plant/central air units. (2) Through-wall heating/air conditioning units. (3) Built-in microwave ovens. (4) Sump and Ejector pumps. j. An approved grounding electrode, eight feet (8') in length minimum and one-half inch 1 (/") diameter shall be installed at each parking lot/street lighting pole. 2 k. An in-line fuse holder shall be installed in each parking lot/street lighting pole. The fuse holder shall be located in an approved hand hole. 21.108: FUEL GAS CODE ADOPTED: The 2012 edition of the international fuel gas code and all appendices is hereby adopted in its entirety, except such portions thereof as may be expressly deleted, modified or amended by this section. A. While the 2012 edition of the international fuel gas code and all appendices have hereinabove been adopted, the following exceptions thereto (consisting of certain deletions and changes) shall control wherever such exceptions are applicable or are in conflict with certain other provisions of that code: 1. All references to the phrase "international plumbing code" shall be replaced with the phrase "2004 Illinois state plumbing code with village of Mount Prospect local amendments". 2. Section 105, Permits, shall be deleted in its entirety. 3. A new section 109 shall be inserted to be and read as follows: 109. Appropriate Schedules: Refer to article III - Fees, Bonds And Deposits of Chapter 21, Building Code, of the Mount Prospect Village Code. 17 301373_1 4. Section 111, Certificate Of Occupancy, shall be deleted in its entirety. 5. Section 113, Board Of Appeals, shall be deleted in its entirety and the following inserted in its place: 113. Appeals. Any person shall have the right to appeal to the village manager a decision of the code official concerning the interpretation of this code or to request a modification of this code. Any application for appeal to the village manager shall be based on a claim that the true intent of this code or the rules legally adopted thereunder have been incorrectly interpreted or the provisions of this code do not fully apply. 6. A new Subsection 114.5 shall be inserted to be and read as follows: 114.5. Penalty. See Section 21.403 of Chapter 21, Building Code, of the Mount Prospect Village Code. 21.109: SPECIAL REGULATIONS FOR BUILDINGS CONTAINING FOUR OR MORE STORIES: The purpose of these regulations is to require additional fire and life safety measures for new high rise buildings. The following requirements are in addition to those set forth in Section 403.0, High-Rise Buildings, of the international building code, 2012. A. Elevators; Fire Service: 1. A three (3) position (on, off and bypass) key shall be provided at the main floor for each single elevator and for each group of elevators. This key switch shall be located in the left door jamb of the elevator entrance. Where there is more than one elevator, the left elevator shall have the switch. The keyed switch shall be located not less than six feet six inches (6'6") above finished floor and approximately four inches (4") below the head jamb. 2. A keyed switch shall be provided in or adjacent to the operating panel of each elevator. The switch, when operated, shall put the elevator on emergency service. 3. Power operated doors shall remain closed when the elevator stops at any landing except the main floor until opened by continuous pressure on a door-open button switch. As soon as the door-open button switch is released, the doors shall automatically reclose. 4. Where mechanical-electrical safety edge devices are installed on the leading edge of the car doors, these devices shall remain operative and doors must be maintained in open position by operation of device. Any feature that may cause doors to reclose after being held in for a predetermined time shall be disconnected. 18 301373_1 5. Keys required to call or operate elevators shall be kept in a conspicuous location on the main floor as approved by the fire prevention bureau. The elevator key box shall have a lock type cover which can be opened by the fire department's alarm box key. The box shall contain a separate key for each elevator within the group. 6. Every group of elevators in a building subject to the provisions of this section shall be available for fire department emergency service. In buildings with several groups of elevators and where individual key switches are provided to cause cars to return to the main floor, a separate key box shall be provided for each group of elevators. 7. Immediately adjacent to the fire department's return switch in the car, a push button shall be provided to cancel all registered calls when the elevator is under the fire department's control. The button shall be marked "Fire Control". This button shall not be required if all car calls are canceled when the car makes its first stop. B. Emergency Lighting Circuits: Emergency lighting circuits shall be provided for all exit signs and in all corridors, stairwells, basements, assembly rooms and any other public area. C. Smoke Hatches And Approved Roof Access Ladders: Smoke hatches and approved access ladders shall be provided in all stairways. In smoke proof towers or prescribed stairwells, smoke detector activation shall not be required. 21.110: SPECIAL REQUIREMENTS FOR EXISTING USE GROUPS R-1 AND R-2: The owners of existing use groups R-1 and R-2 within the village shall comply with the following additional requirements: A. Self-Closers: Doors between dwellings and corridors shall be self-closing. The self-closing device shall be of a listed and labeled type. B. Smoke Detector: An approved single station smoke detector, battery powered, shall be installed in an approved manner in every dwelling unit. When activated, the detector shall initiate an alarm, which is audible in the sleeping rooms of that unit. C. Emergency Lighting: All use groups R-1 and R-2 with twenty six (26) or more dwelling units shall have emergency lighting. All emergency lighting shall be in accordance with international building code, 2012. D. Maintenance: The owner or occupant shall be responsible for maintaining the smoke detector in an operative condition at all times. 21.111: FILING REQUIREMENTS: A copy of the codes adopted by reference in this chapter and as set forth in sections 21.103 through 21.108 of this article are on file in the office of the village clerk, and are hereby adopted and incorporated as if fully set forth herein, and the provisions thereof shall be controlling in the 19 301373_1 construction and maintenance of all buildings and structures to the extent specified therein within the corporate limits of the village. A. In the event any of the provisions of any of the above referenced codes are in conflict with either this article or the zoning ordinance of the village, this article and such zoning ordinance shall prevail, and the conflicting provisions of those other codes hereinabove adopted by reference shall not apply to the extent of the conflict. B. The term "code official" as used in any of the adopted codes shall mean the director of community development, or his duly authorized representative. 21.112: MISCELLANEOUS PROVISIONS: A. The provisions of this article shall be deemed to replace the previously existing building code. B. Any existing state laws or revisions thereto pertaining to the erection, maintenance or occupancy of buildings and structures are hereby made a part of this article. Should any provisions in the state laws conflict with a similar provision of this building code, the local ordinance shall govern. C. If any section or paragraph, or any part or parts of any section or paragraph of this article is declared invalid or unconstitutional, it shall not be held to invalidate or impair the validity, force or effect of any other article, section or paragraph or any part or parts of any other article, section or paragraph of this chapter. SECTION 2 : Subsection A of Provisions; Penalties, of Chapter 21, Building Code, shall be deleted in its entirety and the following inserted in its place: A. Any person violating any provisions of this chapter shall be fined an amount as set forth in appendix A, division III of this code, for each offense; and a separate offense shall be deemed committed on each day during or on which a violation occurs or continues. SECTION 3: Appendix A, Division II, and Appendix A, Division III, of the Mount Prospect Village Code shall be amended by deleting Section 21.103, Building Code Adopted, along with Subsections A.8 and A.9, in their entirety. SECTION 4: 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. 20 301373_1 AYES: NAYS: ABSENT: PASSED and APPROVED this ____ day of _________, 2013. ___________________________ Arlene A. Juracek Mayor ATTEST: ______________________ M. Lisa Angell Village Clerk 21 301373_1 ORDINANCE NO. _____ AN ORDINANCE AMENDING CHAPTER 21, ARTICLE VI OF THE VILLAGE CODE OF THE VILLAGE OF MOUNT PROSPECT, ADOPTING THE INTERNATIONAL PROPERTY MAINTENANCE CODE - 2012 WHEREAS, the Village of Mount Prospect is authorized to adopt codes by reference pursuant to Illinois Municipal Code, 65 ILCS 5/1-3-2; and WHEREAS, a copy of the 2012 International Property Maintenance Code and all appendices has been on file with the Office of the Clerk of the Village of Mount Prospect for thirty (30) days and has, during that time, been available for public use, inspection, and examination; and WHEREAS, the Village desires to amend of the Mount Prospect Village Code to adopt the International Property Maintenance Code 2012, and its appendices, in place of the Property Maintenance Code 2006. NOW, THEREFORE,BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, PURSUANT TO ITS HOME RULE POWERS: SECTION 1: entirety, and the following inserted in its place: Article VI PROPERTY MAINTENANCE CODE 21.601: PURPOSE: The purpose of this article is to protect the environment and the public health, safety and welfare, and to prevent and control blight by establishing regulations and enforcement procedures to the end that buildings and real estate within the village are maintained in a safe and sanitary condition, free of health, fire and safety hazards. 21.602: SCOPE AND APPLICABILITY: Except where otherwise specified, the provisions of this article shall apply to all buildings and real estate located within the village and shall apply in addition to all other village ordinances. 21.603: PROPERTY MAINTENANCE CODE ADOPTED; AMENDMENTS: For the purpose of establishing rules and regulations governing property maintenance, there is hereby adopted the 2012 edition of the international property maintenance code together with all appendices, except such portions as are hereinafter expressly deleted, amended or modified: A. While the 2012 edition of the international property maintenance code and all appendices have hereinabove been adopted, the following exceptions thereto (consisting of certain deletions and changes) shall control wherever such exceptions are applicable or are in conflict with certain other provisions of that code: 1. Chapter 8 - Referenced Standard, shall be amended by deleting the phrase "international plumbing code" and replacing it with the phrase "Illinois plumbing code". 2. A new subsection 101.1 shall be inserted to read as follows: 101.1 Title. - Village of Mount Prospect. 3. Amend subsection 102.3 by deleting the phrase "international plumbing code" and replacing it with the phrase "Illinois plumbing code". 1 297768_1 4. Subsection 103.5, Fees, shall be deleted in its entirety. 5. Subsection 107.2, Form, shall be deleted in its entirety. 6. Subsection 107.6, Transfer Of Ownership, shall be deleted in its entirety and replaced with the following: 107.6 Transfer Of Ownership. It shall be unlawful for the owner of any dwelling unit or structure, who has received a compliance order or upon whom a notice of violation has been served, to sell, transfer, mortgage, lease or otherwise dispose of such dwelling unit or structure to another until the provisions of the compliance order or notice of violation have been complied with. 7. The text in subsection 109.6, Hearing, shall be deleted in its entirety and replaced with the following: 109.6 Hearing. Any person ordered to take emergency measures shall comply with such order forthwith. Any affected person shall thereafter, upon petition directed to the village manager be afforded a hearing as described in this code. 8. Subsection 110.1, General, shall be amended by deleting the phrase "two years" in the first sentence and deleting future repair shall not extend beyond o, to be and read as follows: 110.1 General. The code official shall order the owner of any premises upon which is located any structure, which in the code official judgment after review is so deteriorated or dilapidated or has become so out of repair as to be dangerous, unsafe, insanitary or otherwise unfit for human habitation or occupancy, and such that it is unreasonable to repair the structure, to demolish and remove such structure; or if such structure is capable of being made safe by repairs, to repair and make safe and sanitary, or to board up and hold for future repair or to demolish and remove at the owner's option; or where there has been a cessation of normal construction of any structure for a period of more than one year, the code official shall order the owner to demolish and remove such structure, or board up until future repair. 9. Subsection 111.1, Petition, shall be amended by deleting the phrase "board of appeals" and replacing it with the phrase "village manager". 10. Subsections 111.2 through 111.6 shall be deleted in their entirety. 11. Subsection 111.8, Stay Of Enforcement, shall be deleted in its entirety and replaced with the following: 111.8 Stay Of Enforcement: Any person, whether or not a previous party of the appeal, shall have the right to apply to the appropriate court to stay the enforcement of a notice and order. 12. Section 202, General Definitions, shall be amended by inserting the following definitions alphabetically: Compost Pile. A collection of easily decomposable, smaller particulate matter maintained for the purpose of providing an ecologically sound method of disposing of such materials. Portable On-Demand Storage Structure. Any container, storage unit, shed-like container or other portable structure that can or is used for the storage of personal property of any kind and which is located for such purposes outside an enclosed building. This definition shall not include a code compliant structure. 2 297768_1 13. Subsection 301.2 shall be amended by inserting the following: In any instance where the association is responsible for the repair and maintenance of a property, it may be cited for a violation of this code. Upon providing proof that it is not responsible, it may be dismissed as the defendant. 14. Subsection 302.3, Sidewalks And Driveways, shall be deleted in its entirety and replaced with the following: 302.3 Sidewalks And Driveways. All sidewalks, walkways, stairs, driveways, parking spaces, parking space striping, curb stops and similar areas shall be kept in a proper state of repair, and maintained structurally free of hazardous conditions. 15. A new subsection 302.3.1 Gravel Driveways And Parking Lots, shall be inserted to be and read as follows: 302.3.1 Gravel Driveways And Parking Lots. Any existing gravel driveway or parking lot shall be paved, in compliance with all applicable sections of the village code, by January 1, 2015. 16. Subsection 302.4, Weeds, shall be amended by deleting the height of 10 inches" and replacing it with 8 inches". 17. A new subsection 302.7.1, Portable On-Demand Storage Structure, shall be inserted to be and read as follows: 302.7.1 Portable On-Demand Storage Structure. No more than one portable on-demand storage structure may be located on any premises within the village for a period not exceeding 14 days in duration from time of delivery to time of removal. Such portable on-demand storage structure may not be located on a specific premises more than two times in any given thirty-calendar-day period. A portable on-demand storage structure may be located only on an existing driveway. Such structure may not exceed eight feet six inches in height, 10 feet in width or 20 feet in length. It shall be the obligation of the owner or user of such portable on-demand storage structure to secure it in a manner that does not endanger the safety of persons or property in the vicinity of the portable on-demand storage structure. In the event of high winds or other weather conditions in which such structure may become a physical danger to persons or property, village officials may require the immediate removal of such portable on-demand storage structure. 18.Subsection s in the text, to be and read as follows: 302.8 Motor Vehicles; Trailers. Except as provided for in other regulations, no inoperative or unlicensed motor vehicle or trailer shall be parked, kept or stored on any premises, and no vehicle or trailer shall at any time be in a state of major disassembly, disrepair, or in the process of being stripped or dismantled. Painting of vehicles or trailers is prohibited unless conducted inside an approved spray booth. Exception: A vehicle or trailer of any type is permitted to undergo major overhaul, including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes. 19. A new subsection 302.10, Dead Trees And Shrubs, shall be inserted to be and read as follows: 302.10 Dead Trees And Shrubs. - No dead trees or shrubs shall be allowed to remain on any property within the village. 3 297768_1 20. A new subsection 302.11, Compost Piles, shall be inserted to be and read as follows: 302.11 Compost Piles. Compost piles shall not exceed a maximum size of four (4) feet tall by four (4) feet wide by four (4) feet long. Compost piles shall be located behind the principal structure and are not permitted within any required front or side yards. Compost piles must be located a minimum of five (5) feet from a property line. Compost piles shall be regularly tended to ensure the materials are properly decomposing. 21. Subsection 304.1, General, shall be amended by inserting the following sentence at the end: Whenever repair, replacement or maintenance of exterior surfaces is required to comply with this section, such repair, replacement or maintenance shall be undertaken so as to match, conform and be consistent with the existing exterior and shall comply with all applicable provisions of this code. 22. A new subsection 304.13.3, Window Locks, shall be inserted to be and read as follows: 304.13.3 Window Locks. Every window and sliding door within twenty feet (20') of the ground, or ten feet (10') of an adjacent roof, exterior stairway, fire escape, porch, or some other means of access, requires a window lock. In addition, if the window slides up/down to open/close (sash window), it is to be equipped with a device which will allow the window to be opened at least four inches (4") and no more than six inches (6") when the lock is activated. These window latch devices are low cost mechanisms available at hardware stores. Storm window and screen window latches are not acceptable. 23. Subsection 304.14, Insect Screens, shall be amended by inserting the following dates where appropriate: "April 15 to October 15". 24. A new subsection 304.15.1, Door Security, shall be inserted to be and read as follows: 304.15.1 Door Security. - Unless there is a 24 hour doorman, all apartment building entrance doors (front, rear, side, garage) must automatically lock with a deadlocking latch when closed. A key (or electric door buzzer) is required to open such doors from the outside, and a knob, handle or panic bar from the inside. In the case of the front door of a lobby, either the inner or outer foyer door must meet this requirement. 25. Subsection 304.18.2 shall be deleted in its entirety. 26. Subsection 309.4, Multiple Occupancy, shall be amended by inserting the following sentence at the end: When the occupant does not exterminate, the owner shall exterminate. 27. Subsection 602.3, Heat Supply, shall be amended by inserting the following dates where appropriate: "September 15 to June 1". 28. Subsection 602.4, Occupiable Work Spaces, shall be amended by inserting the following dates where appropriate: "September 15 to June 1". 29. A new subsection 605.5, Intercom System, shall be inserted to be and read as follows: 605.5. Intercom System. Intercom systems installed as a part of the original construction or added at a later date shall be maintained in good working condition and labeled with the unit number or occupant name. The removal of such a device, item or fixture is prohibited and does not constitute repair or maintenance. 30. Subsection 606.1, General, shall be deleted in its entirety. 4 297768_1 31. The term "code official" as used in the adopted code shall mean the director of community development, or his/her duly authorized representative. 21.604: GRAFFITI: A. It shall be unlawful for any owner of real property or association governing real property upon which graffiti is placed to fail to remove, cover or otherwise eradicate such graffiti within fourteen (14) days of receipt of a notice to remove graffiti by the village. B. For the purpose of this article, the term "graffiti" shall mean the inscription or marking of any wall, fence, sign, sidewalk, pavement, post, stone, tree or other natural object, or any other public or private structure or building by carving, the application of paint, or other substance, or by any other means, other than as permitted by the ordinances of the village. 21.605: FILING REQUIREMENTS: A copy of the codes adopted by this article shall be on file in the office of the village clerk. 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 _________, 2013. ___________________________ Arlene A. Juracek Mayor ATTEST: ______________________ M. Lisa Angell Village Clerk 5 297768_1 ORDINANCE NO. _____ AN ORDINANCE AMENDING CHAPTER 24, OF THE VILLAGE CODE OF THE VILLAGE OF MOUNT PROSPECT, ADOPTING THE INTERNATIONAL FIRE CODE - 2012 EDITION, AND CERTAIN NATIONAL FIRE PREVENTION CODES AND STANDARDS, WITH CERTAIN AMENDMENTS WHEREAS, the Village of Mount Prospect is authorized to adopt codes by reference pursuant to Illinois Municipal Code, 65 ILCS 5/1-3-2; and WHEREAS, a copy of the International Fire Code 2012 edition, all appendices, and referenced National Fire Prevention Codes and Standards have been on file with the Office of the Clerk of the Village of Mount Prospect for thirty (30) days and has, during that time, been available for public use, inspection, and examination; and WHEREAS, the Village desires to amend Chapter 24, Fire Prevention Code, of the Mount Prospect Village Code to adopt the International Fire Code 2012 edition, its appendices, in place of the International Fire Code 2006, subject to certain modifications, and to adopt certain National Fire Prevention Codes and Standards. NOW, THEREFORE,BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, PURSUANT TO ITS HOME RULE POWERS: SECTION 1: Article Purpose; Adoptionof Chapter 24Fire Prevention amended as follows: A. with the following: A. Adoption: The international fire code, 2012, in its entirety and as amended in this chapter, is hereby adopted as the fire prevention code of the village of Mount Prospect for the control of fire in buildings and structures. In addition the following codes and standards of the national fire prevention code (NFPA codes and standards), which are not referenced in the international fire code, are hereby adopted: NFPA 13, standard for the installation of automatic sprinklers, 2013 edition. NFPA 13D, standard for the installation of automatic sprinkler systems in one- and two-family dwellings and manufactured homes, 2013 edition. NFPA 20, standard for the installation of stationary pumps for fire protection, 2010 edition. NFPA 25: Standard for the Inspection, Testing, and Maintenance of Water-Based Fire Protection Systems, 2011 edition 1 301301_1 NFPA 30, flammable and combustible liquids code, 2012 edition. NFPA 37, standard for the installation and use of stationary combustion engines and gas turbines, 2010 edition. NFPA 45, standard on fire protection for laboratories using chemicals, 2011 edition. NFPA 51, standard for the design and installation of oxygen-fuel gas systems for welding, cutting, and allied processes, 2007 edition. NFPA 51B, standard for fire prevention during welding, cutting, and other hot work, 2009 edition. NFPA 72, national fire alarm code, 2013 edition. NFPA 96, standard for ventilation control and fire protection of commercial cooking operations, 2011 edition. NFPA 90A, standard for the installation of air conditioning and ventilation systems, 2002 edition. NFPA 90B, standard for the installation of warm air heating and air conditioning and ventilation systems, 2012 edition. NFPA 110, standard for emergency and standby power systems, 2010 edition. NFPA 111, standard on stored electrical energy emergency and standby power systems, 2010 edition. All other NFPA standards adopted by reference in chapter 80 of the international fire code are also hereby adopted. B. Appendices: The appendices of the international fire code, and the NFPA codes and standards adopted by the village of Mount Prospect are mandatory requirements, considered as part of each standard, and not advisory information. C. The exception set forth in Section 307.4.3 of the international fire code shall be deleted. D. Definitions: 1. The international fire code means the edition in effect pursuant to this Section. 2. Specific NFPA Codes and Standards refer to the editions described in subsection A of this Section, unless specifically designated otherwise. 3. The international building code means the edition in effect pursuant to Section 21.103 of this Code. E. Computer Code Analysis: Performance based computer code analysis is not permitted. 2 301301_1 F. Enforcement Of The Fire Prevention Code: The fire prevention bureau of the Mount Prospect fire department shall enforce the fire prevention code. The fire prevention bureau is hereby established and shall be operated under the supervision of the fire chief. The chief of the fire department shall be designated as the fire official and shall appoint such members necessary to enforce the provisions of this code. Whenever the title "code official" is used in the text of the fire prevention codes adopted herein, the phrase shall be deleted and replaced with the phrase "chief of the Mount Prospect fire department". The phrase "village of Mount Prospect" shall replace the phrase "name of jurisdiction" whenever so stated. G. Copies On File: A copy of the codes adopted herein by reference shall be on file in the office of the village clerk. B. Subsection A of Section 24.105Fire Extinguishersby deleting the phrases edition A. Section 906.1 of the international fire code and the accompanying exception shall be deleted and replaced with the following: 906.1. Portable fire extinguishers shall be provided in every occupancy as well as those areas specified in the international fire code and international building code. EXCEPTION: Individual dwelling units in all use group-R classifications. C. phrases edition in the introductory paragraph, to be and read as follows: A. Emergency lighting circuits shall be provided for all exit signs and emergency lights. In new and existing buildings, emergency lighting shall be provided in all occupancies and in those other areas specified in the international building code and international fire code. In addition, emergency lighting shall be installed in the following areas: D. Subsection , of Section 24.110Ventsas follows: 1. The introductory sentence of Section F(1) shall be deleted and replaced with the following: 1. Section 910.3.2, 910.3.2.1, 910.3.2.2 and 910.3.2.3 of the international fire code shall be deleted and the replaced with the following: 2. Subsection F(2) shall be deleted in its entirety and replaced with the following: 2. Exception number 2 of section 910.1 of the international fire code shall be deleted in its entirety. SECTION 2: Article IISprinkler Equipment, Alarm Systems and Fire Hydrantsof 3 301301_1 A. The first paragraph of Ex C. The fire prevention bureau shall be notified in writing prior to any other activities requiring full flowing of the fire pump and/or fire standpipe system including, but not limited to, the full flow fire testing of any fire pump or fire standpipe system required per NFPA 20 and/or NFPA 25. A minimum of forty eight (48) hours' written notice must be made to the fire prevention bureau prior to such activity. Failure to have a member of the Mount Prospect fire prevention bureau present will result in a written warning to both the testing agency and building owner. After the written warning has been delivered, every failure thereafter by either the owner of the property or testing agency to notify the fire prevention bureau to witness the fire pump and/or fire standpipe flow test will result in a fine as set forth in appendix A, division III of this code. B. hall be amended as follows: 1. References to year and edition shall be deleted in Subsections B, B(2)(a), B(2)(b), C, and C(2). 2. Subsection D(1) shall be deleted in its entirety and replaced with the following: 1. Sections 903.3, 903.3.1.1, 903.3.1.1.1, 903.3.1.2 and 903.3.1.3 of the international fire code, as well as any other referenced code or standard omitting sprinklers, shall be deleted. 3. follows: 2. A separate control valve shall be required to permit the isolation of each floor protected by automatic sprinklers. 4. Subsection K(1) shall be deleted in entirety and replaced with the following: 1. Fire department connections shall be provided for all sprinkler systems. The fire department connection shall consist of a five inch (5") Stortz connection with no more than a 30 degree down angle. C . Section 24.204Fire Alarm Systemsamended as follows: 1. The first sentence of Subsection A shall be amended by deleting the year read as follows: A. Where Required: A fire alarm system shall be installed and maintained in full operating condition in all buildings/areas specified in the international building and fire prevention codes, and in the following locations listed below. A fire alarm system shall consist of detection devices and manual pull stations plus the components and circuits arranged to monitor the system. 2. The introductory sentence of Subsection A(5) shall be deleted in its entirety and replaced with the following: 5. All buildings or structures with an occupied floor located more than thirty five feet (35') above the lowest level of fire department vehicle access shall be provided with a fire alarm 4 301301_1 system in accordance with this code and as specified hereafter and those requirements set forth in article 907.5.2, 907.5.2.2 , 907.5.2.3 of the international building code. 3. The first sentence of Subsection (A)(5)(c) shall be deleted in it entirety and replaced with the following: c. A fire command station shall be provided in accordance with NFPA 72, and section 508 of the international building code. 4. Subsections B(1) and B(2) shall be amended by deleting phrase edition as follows: 1. The fire area is increased regardless of the square footage. For the purpose of this section a "fire area" shall be defined as those areas bound by masonry or concrete firewalls constructed in accordance with section 705 of the international building code; 2. There is a change in use group classification as outlined in the international building code; hall be amended by deleting phrase edition and read as follows: D. Alarm Activation: Activation of the fire alarm shall produce evacuation signals with audible and visual signals in accordance with the international building code and NFPA 72. C. read as follows: 6. Section 908.7, international fire code, shall be deleted in its entirety. SECTION 3: 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 _________, 2013. ___________________________ Arlene A. Juracek Mayor ATTEST: ______________________ M. Lisa Angell Village Clerk 5 301301_1 Village of Mount Prospect T - n - XIM P101 Community Development Department MEMORANDUM SUBJECT: CONTRACTOR LICENSE FEE INCREASE Background The Building Division requires all contractor's to be licensed by the Village of Mount Prospect bef re beginning any construction project. Licenses are valid for one (1) calendar year and must be renewed ea h January 1 5t , however, building permits are good for one (1) year from the date of issuance. Roofing, fire alarm /sprinkler, and plumbing contractors must submit a copy of their current Illinois State Registration and state bond to obtain their Village license, which is issued at no charge. All other general and sub - contractors must pay an annual fee of $35 for their license. In June 2009, the Building Division conducted a survey of 27 surrounding communities that participate in the Association of Building Coordinators of Illinois. The survey found the average fee for a license was $99.60 within the communities that collected a contractor license fee; the $35 charged by the Village of Mount Prospect was the least amount collected by any community. Staff Recommendation Based on the results from the survey and cost evaluation, Staff recommends the Village of Mount Prospect Building Division increase the contractor license fee to $50. This cost is still below average compared to the surrounding communities. We estimate that this would increase licensing revenue from $20- $30,000 per year. The Building Division also recommends that the license be valid for a twelve (12) month period from date of issuance We anticipate that changing the licensure to a rolling calendar year will generate fewer complaints regarding the increase in license fee. The new licensure period will also align contractor licensing with the permit expiration date on larger projects, which assists in record keeping efforts for staff. There is little to no financial impact to changing this licensing period as nearly 100% of all contractors wait until they have a project in Mount Prospect to renew their yearly license. (ie: the Village does not mail yearly renewals on contractor licenses in November due to less than 1% response the last time this was done in 2005) Please forward this Memorandum and attached Ordinance to the Village Board for their review and consideration at their May 21, 2013 meeting. Staff will be present at the meeting to answer any questions related to this matter. William J. Cooney, Jr., AICP wJc /Sid ORDINANCE NO. _____ AN ORDINANCE AMENDING CHAPTER 11 AND APPENDIX A OF THE VILLAGE CODE OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS, REGARDING CONTRACTORS LICENSE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, PURSUANT TO ITS HOME RULE POWERS: SECTION 1: Section 11.901, “Annual License Required” of Article 9, Contractors, of Chapter 11 of the Village Code shall be amended by deleting the term “annual”, to be and read as follows: Section 11.901: License Required A. No person shall engage in the business of "contractor", as defined in article I of this chapter, within the corporate limits of the Village, except in compliance with the provisions of this article. It shall be unlawful to engage in the business of contractor unless such person has applied for and obtained a license from the village clerk as provided in chapter 10 of this code. B. In addition to the requirements of Chapter 10, an electrical contractor must submit proof of a current electrical contractor’s license issued by a municipality within the State of Illinois, approved by the Building Official, that administers a competency exam based upon the National Electrical Code or City of Chicago Electrical Code SECTION 2: Section 11.902, “State Preemption in Licensing and Regulating Certain Contractors” of Article 9, Contractors, of Chapter 11 of the Village Code shall be deleted in its entirety and replaced with the following: 11.902: Registration; Contractors Exempt From Village Regulation; Permit A. Except as provided in Subsection B of this Section, this Article does not apply to certain contractors, such as, waterwell and pump installation contractors, plumbers, and private alarm contractors, that are regulated by the State of Illinois and specifically preempted from Village regulation by state law. B. No permit shall be issued on a project using the contractors described in Subsection A of this Section and no work shall be performed by such contractors within the Village, unless they have registered with the Village by submitted a copy of their current State of Illinois registration with an application for registration, upon receipt of which the Village shall register the contractor for a period of three hundred and sixty-five (365) days from the date of issuance without any fee. SECTION 3: Section 11.903, “License Fees” of Article 9, Contractors, of Chapter 11 of the Village Code shall be deleted in its entirety and replaced with the following: 3 14.00-¦3 11.903: License Fees; Term: A. The fees to be paid for licenses shall be as set forth in Appendix A, division II of the Village code. B. Licenses shall be effective for a period of three hundred and sixty-five (365) days from the date of issuance. SECTION 4: Section 11.3410, “Other Fees” of Article 34, General Provisions, Including Fees, of Chapter 11 of the Village Code shall be amended by deleting Subsection E in its entirety, the remaining Subsections to be relettered alphabetically. SECTION 5: Appendix A, Division 2, “Fees, Rates and Taxes”, of the Village Code shall be amended as follows: A. Section 11.903, Licensee Fees, shall be inserted numerically in Chapter 11, Merchants, Business, Occupations and Amusements, to be and read as follows: Section 11.903, License Fees Fee: $50.00 per license term. B. Subsection E of Section 11.3410, Other Fees, shall be deleted in its entirety, the remaining Subsection to be relettered alphabetically. SECTION 6: 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 _________, 2013. ___________________________ Arlene A. Juracek Mayor ATTEST: ______________________ M. Lisa Angell Village Clerk 2 14.00-¦3 ORDINANCE NO. ____________ AN ORDINANCE AMENDING ORDINANCE NO. 5332, ADOPTED MAY 6, 2003, TO CONFIRM, READOPT AND EXTEND THE TERM OF ORDINANCE NO. 5332 FOR AN ADDITIONAL TEN YEARS FROM THE ADOPTION DATE OF THIS AMENDING ORDINANCE WHEREAS , the President and Board of Trustees of the Village of Mount Prospect, Illinois did adopt blic Improvements in the at the regular Village Board meeting held May 6, 2003; and WHEREAS , Ordinance No. 5332 authorized the Developer of property located at 303-305 South Douglas Avenue, Mount Prospect, Illinois, to recapture from the owners of benefitting properties certain expenses associated with its construction of Public Improvements; and WHEREAS , the ten (10) year term of Ordinance No. 5332 has expired and the Developer requests a ten (10) year extension of Ordinance No. 5332 to permit the recapture of its costs for those Improvements. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS ACTING IN THE EXERCISE OF THEIR HOME RULE POWERS: SECTION ONE: Ordinance No. 5332 is hereby confirmed, readopted and amended by extending its term to be ten (10) years from the date of adoption of this Ordinance, or such time as all fees are paid, whichever comes first. SECTION TWO: That the Developer shall, at its sole cost, record a copy of this Ordinance with the Cook County Recorder of Deeds. SECTION THREE: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this ______________ day of _____________________________, 2013. ______________________________________ Arlene A. Juracek Mayor ATTEST: _________________________________ M. Lisa Angell Village Clerk Village of Mount Prospect Community Development Department „.. MEMORANDUM TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: APRIL 29, 2003 SUBJECT: RECAPTURE ORDINANCE FOR DOUGLAS AVENUE WATER MAIN IMPROVEMENTS Attached to this memorandum is a copy of a Recapture Ordinance that would enable Don Craig to recoup a portion of funds that he expended to extend a water main to serve his development. In order to provide water to his development, lie was required to extend the water main across several properties that currently are not connected to the Village water system. Mr. Craig has constructed two single - family homes at the southeast corner of Douglas Avenue and White Oak Street. In order to provide water to these homes he was required to extend a water main from the corner of Lincoln Street and Douglas Avenue north to White Oak Street and around to Helena Avenue. Exhibit B of the Ordinance illustrates the five properties that benefited from the extension of the water main. If in the future these property owners wish to connect to the water system, they would be required to pay Mr. Craig for the costs of the installation of the water line across their property. The recapture fee is in effect for ten years from the date of the adoption of the ordinance. Please forward this memorandum and attachment to the Village Board for their review and consideration at their May 6”' meeting. Staff will be present at that meeting to answer any questions related to this matter. � William J. Coonej Jr, H \ AD\ 9N` 91LLVvfER90S6 \IE1170031Recapture Ordinance- Don Craig doe LAW OFFICES STORINO, RAAIEL1,0 & DURKIN 9501 WEST DEVON AVENUE ROSEMONT, ILLINOIS 60018 DONALD J. STORING MICHAEL K. DURKIN RICHARD J. RAMELLO NICHOLAS S. PEPPERS DONALD M. ROSE THOMAS M. BASTIAN ANGELO F. DEL MARTO MARK R. STEPHENS MARY K. CONNOLLY JAMES E. MACHOLL BRIAN W. BAUGH (847) 318 -9500 MELISSA A. MIROBALLI ANN MARIE WILLIAMS MICHAEL J. 5TURINO DONALD J. STORINO II PETER A. PACIONE JOSEPH G. KUSPER BRYAN J. BERRY LEONARD P. DIORIO RICHARD J. BILLIK ALFRED E. GALLO FACSIMILE (847) 31H -9509 April 11, 2003 VIA UPS OVERNIGHT Mr. Bill Cooney Director of Community Development Village of Mount Prospect 100 South Emerson Street Mount Prospect, IL 60056 RE; DOUGLAS AVENUE WATERMAIN EXTENSION RECAPTURE ORDINANCE Dear Bill; OF COUNSEL IN REPLY REFER TO FILE NO., Pursuant to your comments, I am enclosing the revised draft of the Douglas Avenue Watemain Extension Recapture Ordinance. Please review and, if acceptable, arrange for the Ordinance to be placed on the May 6. 2003, Village Board agenda for approval. Should you have any additional comments or questions, please do not hesitate to call me,. Thank you for your attention and assistance in this matter. Sincerely yours, USA N S P /sw Enclosure cc: Don Craig (847 -545 -1498) STORINO, RAMELLO & DURKIN Mr, Michael E, Janonis Date: Village of Mount prospect 100 South Emerson Street Mount Prospect, Illinois 60056 Re: Recapture Ordinance No. v ( " Ordinance ") Donald J. Craig ( "Developer ") Douglas Avenue ( "Benefitting Property ") Watermain Extension (Public Improvement ") Dear Mr. Janonis: Pursuant to Section Six of the Ordinance, the Developer hereby certifies to the Village of Mount Prospect ( "Village ") that in the event the Village erroneously issues or has issued a permit to Benefiting Property for connection to the Public Improvement, the Developer hereby waives any right to bring an action or actions against the Village or any Village agents, off or employees for such error. Notwithstanding the foregoing to the contrary, the Developer, however, reserves the right to bring an action for collection against any party owing a recapture fee under the Ordinance and, in the event the Developer initiates litigation to collect any such unpaid amount, the Village agrees to cooperate with such efforts by allowing, except for privileged documents, full and free access to its books and records related to the Benefiting Property connecting to the Public Improvement. Developer: ORDINANCE NO. 5332 AN ORDINANCE PRORATING THE COST OF CERTAIN PUBLIC IMPROVEMENTS IN THE VILLAGE OF MOUNT PROSPECT Passed and approved by the President and Board of Trustees the 6 day of May, 2003 Published in pamphlet form by authority of the corporate authorities of the Village of Mount Prospect, Illinois, the 7 T " day of May, 2003 ORDINANCE NO. 5332 AN ORDINANCE PRORATING THE COST OF CERTAIN PUBLIC IMPROVEMENTS IN THE VILLAGE OF MOUNT PROSPECT WHEREAS, Donald Craig, Sr. (hereinafter referred to as "Developer ") as the owner and developer of the land commonly known as 303 -305 South Douglas, legally described on Exhibit A, attached hereto and made a part hereof (hereinafter referred to as "Subject Property"); and WHEREAS, the Developer has constructed a certain water main extension ( "Public Improvements ") as part of the development of the Subject Property; and WHEREAS, the Developer desires and the Village Code provides for the recapture of certain costs of Public Improvements from properties which will benefit from the improvements of others without paying any initial costs; and WHEREAS, the properties benefitting from the Public Improvements (hereinafter referred to as "Benefitting Properties ") are legally described on Exhibit B, attached hereto and made a part hereof; and WHEREAS, it has been determined by the President and Board of Trustees of the Village of Mount Prospect that the best interests of the Village would be served by authorizing the Developer to recapture certain expenses associated with the Public Improvements from the owners of the Benefitting Properties. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE That the President and Board of Trustees of the Village of Mount Prospect do hereby establish a total recapture in the amount of $40,333.04 ( "Recapture Fee ") against the Benefitting Properties. The Recapture Fee is based on the following breakdown: 1,270 lineal feet of water main extension commencing at the NWC of Lincoln Avenue and Douglas Avenue, north along the east side of Douglas, then east along the south side of White Oak Street, then south along the west side of Helena Street Total Cost: $88,158.30 Cost per Lineal Foot: $ 69.42 Total Benefitting Properties Cost: $40,333.04 The support for the apportionment is delineated on the Schematic, attached as Exhibit B and made a part hereof and the Apportionment, attached as Exhibit C and made a part hereof. Final lien waivers for the completed work are attached as Exhibit D and made a part hereof. SECTION TWO No water connections or permits for water connection shall be made nor issued for any portion of the Benefitting Property, unless the connector shall pay to the Developer the Recapture Fee as set forth in Section One of this Ordinance. SECTION THREE The fees set forth in Section One of this Ordinance shall accrue simple interest at a rate of six percent (6 %) the date this Ordinance is adopted to the date of payment. SECTION FOUR All fees set forth in this Ordinance shall be in addition to any other connection, tap -on or inspection fees required by the Village. SECTION FIVE The Village of Mount Prospect shall have no obligation to collect the Recapture Fee due under this Ordinance. The Village will not be required to initiate legal proceedings for their collection and the Developer will not make the Village party to any proceeding brought for that purpose. The Developer agrees to indemnify and hold harmless the Village, its officers, agents employees, successors and assigns from any and all claims or damages to real or personal property and from injuries or deaths suffered to any person or persons by reason of said improvement, its construction or installment and for claims made because of any attempt on the part of the Village to enforce the payment of the Recapture Fee. By virtue of this Ordinance, the Developer shall have the right to bring an action against any connector who has not paid the Recapture Fee set forth in this Ordinance. SECTION SIX If it is determined that the Developer has not complied in any respect with Mount Prospect Village Codes the Village shall have no obligations of any kind or nature pursuant to this Ordinance. Further, the Village shall have no obligations whatsoever with respect to this Ordinance unless the Village has received, within thirty (30) days following the adoption of this Ordinance, a certification from the Developer that if the Village erroneously issues permits prior to the payment of any Recapture Fee as required herein, that the Developer will not bring action or actions against the Village for the error. SECTION SEVEN This Ordinance shall benefit and be binding upon any successors heirs or assigns of the Developer. SECTION EIGHT The Village may issue permits upon the receipt of sworn statement from the owners of Benefitting Properties that the Recapture Fee set forth in this Ordinance have been paid. SECTION NINE The term of this Ordinance shall be ten (10) years from the date of 2 adoption or such time as ail fees are paid, whichever comes first. SECTION TEN That, pursuant to the Section 16.609 of the Village Code, the Developer shall record a copy of this Ordinance with the Cook County Recorder of Deeds. SECTION ELEVEN This Ordinance shall . be in full force and effect from and after its passage, approval and publication, in the manner provide by law. AYES: Hoefert, Lohrstorfer, Skowron, Zadel NAYS: None ABSENT: Farley, Wilks PASSED. and APPROVED this 6th day of May , 2003. R NSP /sw 3/2003 (craig mount prospect) wdocumentsI I /ordinances 3 EXHIBIT A Commonly known as 303 S. Douglas Street, Mount Prospect, Illinois 60056; LOT 1 IN CRAIG'S PLAT OF CONSOLIDATION, BEING A RESUBDIVISION OF LOTS 1 AND 2 IN CRAIG'S SUBDIVISION PHASE II, A SUBDIVISION OF PART OF THE WEST '/20F THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 10 TOWNSHIP 41 NORTH. RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. Commonly known as 305 S. Douglas Street, Mount Prospect Illinois 60056; LOT 2 IN CRAIG'S SUBDIVISION PHASE 3, BEING A SUBDIVISION OF THAT PART OF THE WEST % OF THE SOUTHWEST 1/4 OF THE SOUTHEAST 1/4 OF THE NORTHWEST 1/4 OF SECTION 10, TOWNSHIP 41 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, IN COOK COUNTY, ILLINOIS. rd Kh pq 1 8 NO 1 S H 16)T V� j )F, 4 I X) 1. WIG D-Nil TOTAL P.02 CT) 21 LD I X) 1. WIG D-Nil TOTAL P.02 EXHIBIT C Apportionment 312 S. Helena 76 LF $ 5,275.92 Arlington Heights, IL 314 S. Helena 76 LF $ 5,275.92 Arlington Heights, IL 316 S. Helena 76 LF $ 5,275.92 Arlington Heights, IL 2.215 W. White Oak 208LF $14,439.38 Arlington Heights, IL 600 E. Lincoln 145 LF $10,065.90 Arlington Heights, IL TOTAL $40,333.04 Village of Mount Prospect M ountProspect Community Development Department MEMORANDUM ..... ...._m ......_.... .._._._._...........__.... VILLAGE MANAGER TO: MICHAEL E. JANONIS, FROM: JANET SAEWERT, NEIGHBORHOOD PLANNER L � DATE: MAY 13, 2013 SUBJECT: RESOLUTION AUTHORIZING EXECUTION OF AGREEMENT B VILLAGE AND THE ALDEN FOUNDATION The Village of Mount Prospect is an entitlement community that receives an annual allocation from theT.S, Department of Housing and Urban Development (HUD) for our Community Development Block Grant (CDBG) Program. The CDBG 2013 Annual Action Plan approved by the Village Board on October 16, 2012 outlined the proposed activities which would be funded in 2013. One of those proposed activities included $50,000 to be used for eligible costs associated with the development of the Alden Foundation's Mount Prospect Horizon Senior Living Community located at 1703 E. Kensington Road. Mount Prospect Horizon will be a three -story apartment building consisting of 92 independent living units available to seniors age 62 and older. Apartments will be available to seniors at 30 %, 50% and 60% of the Chicago area median income. Attached, please find a Resolution authorizing the execution of an Agreement between between the Village of Mount Prospect and the Alden Foundation. The Agreement authorizes the Village to pay for or reimburse the Alden Foundation (Developer) for costs of land acquisition and /or installation of public infrastructure in connection with the construction of the Mount Prospect Horizon Senior Living Apartments. Please forward this Memorandum and attached Resolution to the Village Board for their review and consideration at their May 21, 2013 meeting. Staff will be present at the meeting to answer any questions related to this matter. I concur: William J. Cooney, AICI Director of Community Development ': �t' fl' a• hl lrcd $SPLAh'J.CD13(;;AO'rrrclnble I lousing Proi,clslSenk" I lousing -Alav 21. 2013 V13 P We inµ�Aldcn ResoluI or) BAonxi W B(Md does RESOLUTION NO. ____ A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE ALDEN CO FOUNDATION TO AWARD MMUNITY DEVELOPMENT BLOCK GRANT FUNDS FOR DEVELOPMENT OF THE MOUNT PROSPECT HORIZON APARTMENTS AT 1703 E. KENSINGTON ROAD, MOUNT PROSPECT WHEREAS , the Village of Mount Prospect is a home rule municipal corporation; and WHEREAS, the Village is a grantee of Community Development Block Grant funds (referred to as "CDBG funds") provided by the U.S. Department of Housing and Urban Development; and WHEREAS , the Village may use CDBG funds for capital acquisition and improvement activities to meet the needs of the elderly, low-income, disabled, and families in crisis; and WHEREAS , Alden Foundation, an Illinois not-for-profit corporation, has made application to the Village (and the Village has approved such application) for a grant of certain CDBG funds for the acquisition and development of the property located at 1703 E. Kensington, Mount Prospect, Illinois, for a 92 unit multifamily housing project, known as the Mount Prospect Horizon Apartments, of which 91 units will be reserved for low- income individuals and 1 unit shall be a manag; and WHEREAS , the President and Board of Trustees have determined that it is in the best interests of the Village and its residents to award such CDBG funds subject to the terms and conditions set forth in the Community Development Block Grant Agreement Between the Village of Mount Prospect and Alden Foundation, Mount Prospect Horizon Apartments, a copy of which is attached hereto and incorporated herein as Exhibit 1. NOW THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE MOUNT PROSPECT, COOK COUNTY, ILLINOIS,ACTING PURSUANT TO ITS HOME RULE POWER, RESOLVES AS FOLLOWS: SECTION 1: That the recitals as set forth above are incorporated herein by reference and made a part hereof as material and operative provisions of this Resolution. SECTION 2 : That the Village President and the Village Clerk are hereby authorized to execute the Community Development Block Grant Agreement Between the Village of Mount Prospect and Alden Foundation, Mount Prospect Horizon Apartments, in substantially the form set forth in Exhibit 1. SECTION3 : The Village President or her designee is hereby authorized and directed to take such additional actions, to make further determinations, to pay such costs, and to 1 308477_1 execute and deliver such additional instruments (including any amendments, agreements or supplements) as she deems necessary or appropriate to carry into effect this Resolution. SECTION 4: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this ___ day of May, 2013. ______________________ Arlene A. Juracek Mayor A TTEST: ____________________ M. Lisa Angell Village Clerk 2 308477_1 COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE ALDEN FOUNDATION MOUNT PROSPECT HORIZON APARTMENTS This COMMUNITY DEVELOPMENT BLOCK GRANT AGREEMENT (the “PROJECT AGREEMENT”) is entered into as of the ___ day of ________________, 2013, by and between the VILLAGE OF MOUNT PROSPECT, Illinois, a home rule Illinois municipal corporation with offices at 50 Emerson Street, Mount Prospect, Illinois ("VILLAGE") and THE ALDEN FOUNDATION, an Illinois not-for-profit corporation, having a principal place of business at 4200 West Peterson, Chicago, IL 60646 ("DEVELOPER"). RECITALS WHEREAS, the VILLAGE has the authority to make all contracts and do all other acts in relation to property and concerns of the VILLAGE necessary to the exercise of its corporate powers, and to enter into agreements for the purposes of receiving funds from the United States government under the “Housing and Community Development Act of 1974”, and other subsequent housing acts, and may disburse those funds and other VILLAGE funds for community development and other housing program activities; and WHEREAS, VILLAGE has been a participating jurisdiction in the United States Department of Housing and Urban Development (“HUD”) Housing and Community Development Program since 1981, and has applied for Community Development Block Grant (“CDBG”) Funds from HUD as provided by the Housing and Community Development Act of 1974, as amended (P.L. 93-383)(“ACT”); and WHEREAS, VILLAGE, in accordance with its application to HUD, may use CDBG funds for capital acquisition and improvement activities to meet the needs of the elderly, low- income, disabled, and families in crisis; and WHEREAS, DEVELOPER has made application to VILLAGE (the “APPLICATION”), a copy of which is attached hereto as Exhibit A, for a grant of a portion of VILLAGE’s Community Development Block Grant funds (“CDBG FUNDS” or “GRANT FUNDS”) which shall be used for the acquisition (and/or infrastructure costs) of the property located at 1703 E. Kensington, Mount Prospect, Illinois, such property legally described on Exhibit B hereto, which shall be developed for a ninety-two (92) unit multifamily housing project thereon (hereafter, the “Mount Prospect Horizon Apartments” or “PROJECT”), of which ninety-one (91) units will be reserved for low-income seniors and one (1) unit shall be a manager’s units, as described in the APPLICATION; and WHEREAS, VILLAGE has considered and approved the APPLICATION and hereby agrees to distribute to DEVELOPER a portion of the total CDBG FUNDS allotted to the VILLAGE with the portion distributed to DEVELOPER being in an amount and upon the conditions provided herein; and 1 308459_1 WHEREAS, VILLAGE and DEVELOPER enter into this PROJECT AGREEMENT pursuant to their respective powers to enter into such agreements, as those powers are defined in the Illinois Constitution and applicable Federal and State statutes. NOW, THEREFORE, in consideration of the premises, the mutual covenants, terms and conditions hereinafter set forth, and the understandings of each party to the other, the parties do hereby mutually covenant, promise and agree as follows: I. INCORPORATION AND CONSTRUCTION A.All recitals set forth above are incorporated herein and made part hereof, the same constituting the factual basis for this PROJECT AGREEMENT. B.The section headings of the paragraphs and subparagraphs of this PROJECT AGREEMENT are for convenience of reference only and shall not be deemed to constitute part of this PROJECT AGREEMENT or to affect the construction hereof. II. STATEMENT OF WORK AND ELIGIBLE COSTS A.Statement of Work Summary: DEVELOPER hereby agrees to perform the activities described in this Section II, in accordance with the time periods specified in Section IV hereof, and to utilize the CDBG FUNDS for eligible costs associated with the development of the PROJECT. B.Statement of Work Specifics: the CDBG FUNDS shall be used to pay for or reimburse the Developer for costs of land acquisition and/or infrastructure costs in connection with the construction of the PROJECT. C.Eligible Costs: DEVELOPER agrees to administer the PROJECT in accordance with: the ACT; Title 24 CFR Part 570 (Community Development Block Grants); and other applicable federal, state, and local laws, ordinances and regulations. DEVELOPER shall require such compliance and assurances in all lower tier contracts and subcontracts financed in whole or in part with the CDBG FUNDS. DEVELOPER shall perform all acts with responsibility to VILLAGE in the same manner as VILLAGE is required to perform all acts with responsibility to the Federal government. The scope of activities to be performed, pursuant to this PROJECT AGREEMENT, will be governed by, and limited to, the following: 1.DEVELOPER may not request disbursement of funds under this PROJECT AGREEMENT until the funds are needed for payment of eligible costs. The amount of each request must be limited to eligible costs as determined by the VILLAGE. 2. VILLAGE shall provide CDBG FUNDS to DEVELOPER to reimburse DEVELOPER or its affiliates for eligible costs that the VILLAGE determines to be customary and reasonably associated with the PROJECT. III. BUDGET; TERMS OF CDBG FUNDING; REIMBURSEMENT PROCEDURES 2 308459_1 A. CDBG FUNDS in the amount of Fifty Thousand and 00/100 Dollars ($50.000.00) shall be made available to DEVELOPER for payment of eligible costs described in Section II. B. above, upon approval and adoption of this PROJECT AGREEMENT by the corporate authorities of the VILLAGE and receipt of CDBG funds from the Department of Housing and Urban Development, or, in the alternative, VILLAGE may provide corporate funds to DEVELOPER for payment of such costs, and reimburse itself with CDBG Funds as permitted under the applicable regulations. B. In the event that any one or more of the following conditions occurs, and remain following the expiration of the cure period set forth set forth herein, the DEVELOPER shall be considered in default and the VILLAGE may pursue repayment of the CDBG FUNDS from Developer: 1.The DEVELOPER fails to design, construct, maintain, and operate the PROPERTY as affordable rental housing for elderly households whose incomes are at the levels described in the Program Description, attached as Exhibit A to the APPLICATION. 2.The DEVELOPER files any petition in bankruptcy, or for a receiver, or insolvency, or for reorganization of composition, or makes any assignment for the benefit of creditors or to a trustee for creditors, or permits an adjudication in bankruptcy for the taking of possession of the PROPERTY or any part thereof by the receiver, or the seizure and sale of the PROPERTY or any part thereof under judicial process or pursuant to any power of sale, and fails to have such adverse action set aside within forty-five (45) days. 3.The DEVELOPER transfers title to the PROPERTY without the prior express written consent of the VILLAGE (other than to the Affiliate of DEVELOPER, which, for purposes of this AGREEMENT, is Mount Prospect Horizon Limited Partnership (the “AFFILIATE”), so long as Mount Prospect Horizon, Inc. remains the general partner of Mount Prospect Horizon Limited Partnership 4.The DEVELOPER fails to maintain the PROPERTY and its grounds and equipment pertinent thereto according to applicable Housing Quality Standards and all local and state codes and ordinances. 5. The DEVELOPER fails to comply with the terms of this PROJECT AGREEMENT. If a condition of default does not occur prior to the initial occupancy of fifty-one percent (51%) of the housing units, repayment of the CDBG Funds to the VILLAGE shall be waived. C. Payment for construction of the PROPERTY shall be subject to the submission of Request for Payment form or Owner’s Sworn Statement with supporting information as may be reasonably required by the VILLAGE. IV. SCHEDULE FOR COMPLETION AND TIMELINESS; TERM OF AGREEMENT 3 308459_1 A. Time is of the essence for this PROJECT AGREEMENT. DEVELOPER shall be responsible for meeting the completion dates for the activities listed below. If DEVELOPER does not meet a completion date, DEVELOPER shall immediately submit a revised implementation schedule for approval by VILLAGE. Failure to achieve these deadlines shall be cause for the Village to receive repayment of the CDBG FUNDS. ACTIVITYCOMPLETION DATE 1. 50% completion of PROJECT January 31, 2014 , 2. 100% completion of PROJECT December 31 2014 The completion date for the PROJECT (the “PROJECT COMPLETION DATE”) shall be the date upon which all of the construction work for the PROJECT has been completed, as evidenced by a final certificate of occupancy issued by VILLAGE. B. If DEVELOPER is delayed in the completion of the PROJECT by any cause legitimately beyond its control, as determined by the VILLAGE, such that it cannot complete the PROJECT by the December 31, 2014, it shall immediately give written notice to the VILLAGE of the anticipated delay, the reasons therefore and request an extension of time for completion of the PROJECT. Upon review and approval of the VILLAGE’s Director of Community Development, or designee, the time for completion may be extended for a maximum of six (6) months. C. This PROJECT AGREEMENT shall remain in full force and effect until there is initial occupancy of fifty-one percent (51%) of the housing units. V.UNIFORM ADMINISTRATIVE REQUIREMENTS A.DEVELOPER must comply with applicable portions of 24 CFR Part 84, Uniform Administrative Requirements for Grants and Agreements with Institutions of Higher Education, Hospitals, and Other Non-Profit Organizations. These regulations implement OMB Circular 110 and set forth uniform requirements for nonprofit organizations, including financial management systems, property standards, procurement standards, reporting and record keeping. B.DEVELOPER must comply with the requirements and standards of OMB Circular A-122, “Cost Principles for Non-profit Organizations.” This Circular establishes principles for determining allowable costs. C.DEVELOPER must comply with OMB Circular A-133, Audits of States, Local Governments, and Non-Profit Organizations, “Audit Requirements.” For any year that DEVELOPER expends more than $500,000 in Federal funds, DEVELOPER must have a single audit which includes its financial statements and its federal awards from all applicable federal programs. Notwithstanding the foregoing, if CDBG funding is the sole source of federal funds during any year in which DEVELOPER expends more than $500,000 in federal funds, a program-specific audit may be conducted. 4 308459_1 VI. OTHER PROGRAM REQUIREMENTS A. Unless otherwise provided, all notices required under this AGREEMENT shall be made in writing and addressed or delivered as follows: TO THE VILLAGE OF MOUNT PROSPECT- The Village of Mount Prospect 50 S. Emerson Street Mount Prospect, Illinois 60056 ATTN: Director of Community Development TO DEVELOPER: The Alden Foundation 4200 West Peterson Avenue Chicago, Illinois 60646 ATTN: Beth Demes, Executive Director Notices shall be deemed effective when received by personal service or registered or certified U.S. mail, postage prepaid and receipt requested, to the address so specified. Either Party may, by written notice to the other, change its own mailing address. B. The PROJECT will be conducted and administered in compliance with applicable state and federal civil rights and fair housing laws, including, but not limited to: 1. The Illinois Human Rights Act (775 ILCS 5/1-101 et seq.), Title VI of the Civil Rights Act of 1964 (Pub. L. 88-352, 42 U.S.C. §2000d et seq., as amended) and implementing regulations issued at 24 CFR Part 1. 2. Title VIII of the Civil Rights Act of 1968 (Pub. L. 90-284, 82 Stat. 73, 45 U.S.C. §3601 et seq.), as amended; and that the DEVELOPER will administer all programs and activities related to housing and community development in a manner to affirmatively further fair housing. 3. The Fair Housing Act of 1968 and the Fair Housing Amendments Act of 1988, as amended, (42 U.S.C. §§3601-20). 4. Executive Order 11063, as amended by Executive Order 12259 (Equal Opportunity in Housing), and implementing regulations in 24 CFR Part 107. 5. Age Discrimination Act of 1975 (Pub. L. 94-135), as amended, and implementing regulations when published for effect. C. Section 109 of the ACT requires that no person in the United States shall on the grounds of race, color, national origin, religion, or sex be excluded from participation in, 5 308459_1 be denied the benefits of, or be subjected to discrimination under any program or activity receiving Federal financial assistance made available to the ACT. Discrimination on the basis of age is also prohibited, except to the extent that age is a qualifying condition for occupancy under any other financing, including HUD Section 202 financing, DEVELOPER presently receives or may in the future receive for the Mount Prospect Horizon Apartments. D. If the PROJECT is for a capital improvement on a facility or for construction of residential property if such property contains more than seven (7) units, the DEVELOPER shall comply with the Federal Labor Standards and Prevailing Wage Rates, including the conducting of employee interviews of the contractor and/or subcontractors at the job site. Since this PROJECT is considered capital improvement on a facility, this paragraph shall apply. E. VILLAGE is responsible for the preparation of environmental review for the PROJECT and enforcement of environmental standards. VILLAGE and DEVELOPER agree and acknowledge that this PROJECT AGREEMENT does not constitute a commitment of funds or site approval for a particular PROPERTY, and that such commitment of funds or approval may occur only upon satisfactory completion of environmental review under 24 CFR Part 58. DEVELOPER shall supply all information requested by VILLAGE to complete such review, shall carry out any mitigating measures required by VILLAGE, and shall not acquire, rehabilitate, convert, lease, repair or construct property, nor commit or expend CDBG or local funds for a PROPERTY until VILLAGE has completed an environmental review to the extent required under 24 CFR Part 58 and has given notification of its approval in accordance with 24 CFR Part 58. F. DEVELOPER shall comply with the relocation requirements of Title II and the acquisition requirements of Title III of the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970, as amended, and the implementing regulations at 24 CFR Part 42, as amended. No person(s) shall be displaced as part of this PROJECT. G. DEVELOPER shall not use debarred, suspended or ineligible contractors or subcontractors in carrying out this PROJECT. H. DEVELOPER shall comply with administrative and procurement requirements in accordance with 24 CFR Part 84, including the conflict of interest provisions and the following provisions, to assure the best available price for any subcontracts for construction activities associated with the PROJECT: I. In the acquisition and disposition of real property and the provision of assistance, in accordance with 24 CFR §570.611, no person who exercises or has exercised any functions or responsibilities with respect to CDBG activities, or who is in a position to participate in a decision making process or gain inside information with regard to such activities, may obtain a financial interest or benefit from a CDBG assisted activity, or have a financial interest in any contract, subcontract, or agreement with respect to a CDBG assisted activity, or with respect to the proceeds of the CDBG assisted activity, either for themselves or those with whom they have business or immediate 6 308459_1 family ties, during their tenure or for one year thereafter. This applies to any person who is an employee, agent, consultant, or officer of DEVELOPER. J. The Architectural Barriers Act, the Americans with Disabilities Act, and the Construction Act of 1973, and their amendments, shall be followed, to the extent applicable to the PROJECT. K. DEVELOPER agrees that to the best of its knowledge, neither the PROJECT nor the funds provided therefore, and its personnel employed in the administration of the program shall be in any way or to any extent engaged in the conduct of political activities in contravention of Chapter 15 of Title 5, United States Code, referred to as the Hatch Act. L. DEVELOPER certifies, to the best of its knowledge and belief, that: 1.No Federal appropriated funds have been paid or will be paid, by or on behalf of the undersigned, to any person for influencing or attempting to influence an officer or employee of an agency, a Member of Congress, an officer or employee of Congress, or an employee of a Member of Congress in connection with the awarding of any Federal contract, the making of any Federal grant, the making of any Federal loan, the entering into of any cooperative agreement, and the extension, continuation, renewal, amendment, or modification of any Federal contract, grant, loan, or cooperative agreement. 2.If any funds other than Federal appropriated funds have been paid or will be paid to any person for influencing or attempting to influence an officer or employee of any agency, a Member of Congress, an officer or employee of Congress, or an employee of a member of Congress in connection with this Federal contract, grant, loan, or cooperative agreement, the undersigned shall complete and submit Standards Form – LLL, “Disclosure Form to Report Lobbying,” in accordance with its instructions and pursuant to 31 USC §1352. 3.This certification is a material representation of fact upon which reliance was placed when this transaction was made or entered into. Submission of this certification is a prerequisite for making or entering into this transaction imposed by section 1352, title 31, U.S. Code. Any person who fails to file the required certification shall be subject to a civil penalty of not less than $10,000 and not more than $100,000 for each such failure. M. The DEVELOPER certifies that it will provide a drug-free workplace by: 1. Publishing a statement notifying employees that the unlawful manufacture, distribution, dispensing, possession or use of a controlled substance is prohibited in the DEVELOPER's workplace and specifying the actions that will be taken against employees for violation of such prohibition; 2.Establishing a drug-free awareness program to inform employees about 7 308459_1 (a) The dangers of drug abuse in the workplace; (b) The DEVELOPER's policy of maintaining a drug-free workplace; (c) Any available drug counseling, construction, and employee assistance programs; and (d) The penalties that may be imposed upon employees for drug abuse violations occurring in the workplace. 3.Making it a requirement that each employee to be engaged in the performance of the grant be given a copy of the statement required by paragraph 1 above; 4.Notifying the employee in the statement required by paragraph 1 above that, as a condition of employment under the grant, the employee will: (a) Abide by the terms of the statement; and (b) Notify the employer of any criminal drug statute conviction for a violation occurring in the workplace no later than five days after such conviction; 5. Notifying the Village within ten (10) days after receiving notice under subparagraph 4(b) from an employee or otherwise receiving actual notice of such conviction; 6. Taking one of the following actions, within 30 days of receiving notice under subparagraph 4(b) with respect to any employee who is so convicted: (a) Taking appropriate personnel action against such an employee, up to and including termination; or (b) Requiring such employee to participate satisfactorily in a drug abuse assistance or construction program approved for such purposes by a Federal, State, or local health, law enforcement, or other appropriate agency; 7. Making a good faith effort to continue to maintain a drug-free workplace through implementation of paragraphs 1-6 above. VII. VILLAGE’S OBLIGATION UNDER THE AGREEMENT A.VILLAGE shall forthwith file all applicable documents and shall comply with all applicable rules and regulations to secure a release of CDBG FUNDS for the PROJECT. VIII. RECORDS & REPORTS A. DEVELOPER authorizes VILLAGE, HUD, and the Comptroller General of the United States to conduct on-site reviews, to examine, inspect, and audit the DEVELOPER'S records, rental applications and to conduct any other procedures or practices to assure compliance with the provisions of this PROJECT AGREEMENT upon demand. 8 308459_1 B. At the request of VILLAGE, the DEVELOPER shall furnish immediately, if required by the Comptroller General, otherwise within three (3) business days of such request, such reports, budgets, certifications and other documents required pursuant to federal, state, or VILLAGE rules, regulations and policies that are applicable to the PROJECT and shall give specific answers to questions from the VILLAGE, from time to time, relative to the DEVELOPER'S contracts and operations in connection with the PROJECT. C. DEVELOPER shall submit all required information to show compliance with applicable laws, rules and regulations, as specified in this PROJECT AGREEMENT, including but not limited to: tenant income documentation and other data requested by VILLAGE necessary to complete VILLAGE’S reporting requirements to HUD. D. DEVELOPER shall maintain the following records: 1.During the tmer of the PROJECT AGREEMENT, all financial and programmatic records, supporting documents, and statistical records relating to the PROJECT. 2.If any litigation, claim, negotiation, audit or other action involving the records has been started before the expiration of the PROJECT AGREEMENT, the records must be retained until completion of the action and resolution of all issues which arise from it. 3.DEVELOPER shall cooperate with the VILLAGE to facilitate the mainte- nance of any and all other financial records as requested by the VILLAGE for the length of time requested, as may be required by Title 24 CFR Part 570. E. COMPLIANCE WITH FREEDOM OF INFORMATION ACT REQUEST. Section 7 of the Illinois Freedom of Information Act (FOIA), 5 ILCS 140/7, applies to public records in the possession of a party with whom VILLAGE has contracted. VILLAGE will have only a very short period of time from receipt of a FOIA request to comply with the request and there is a significant amount of work required to process a request including collating and reviewing the information. DEVELOPER acknowledges the requirements of FOIA and agrees to comply with all requests made by VILLAGE for public records (as that term is defined by Section 2(c) of FOIA) in the undersigned’s possession and to provide the requested public records to VILLAGE within two (2) business days of the request being made by VILLAGE. DEVELOPER agrees to indemnify and hold harmless VILLAGE from all claims, costs, penalties, losses and injuries (including but not limited to, attorney’s fees, other professional fees, court costs and/or arbitration or other dispute resolution costs) arising out of or relating to its failure to provide public records to VILLAGE under the AGREEMENT. IX. SUSPENSION AND TERMINATION; REVERSION OF ASSETS 9 308459_1 A. In accordance with 24 CFR §85.43, suspension or termination of this PROJECT AGREEMENT may occur if the DEVELOPER materially fails to comply with any term of the award of CDBG FUNDS. The award may also be terminated for convenience in accordance with 24 CFR §85.44. B. During the implementation of the PROJECT, VILLAGE may terminate this PROJECT AGREEMENT or may suspend payment of CDBG FUNDS to DEVELOPER for DEVELOPER'S breach of its obligations set forth in this PROJECT AGREEMENT and its failure to cure the same within thirty (30) days after notice thereof from the VILLAGE, abandonment of the PROJECT for a period of sixty (60) consecutive days or an occurrence rendering impossible the performance by DEVELOPER of this PROJECT AGREEMENT (such determination of impossibility to be made by VILLAGE in good faith and acting reasonably). C. In the event VILLAGE elects to terminate this PROJECT AGREEMENT or to suspend payments, for any reason stated hereinabove in paragraph A and B of this Section IX, it shall notify the DEVELOPER in writing of such action, specifying the par- ticular deficiency, at least five (5) business days in advance of any such action and estab- lishing a time and a place for the DEVELOPER to refute or correct the alleged deficiency at a time prior to VILLAGE'S taking such action. After allowing the DEVELOPER the opportunity to refute or correct the alleged deficiency in accordance with the cure periods provided above, if the alleged deficiency continues to exist, in the reasonable opinion of the VILLAGE, the VILLAGE may withhold payment to the PROJECT until such time as the violation or breach is remedied or seek reimbursement of the CDBG FUNDS. No action taken or withheld by the VILLAGE under this paragraph shall relieve the DEVELOPER of its liability to the VILLAGE for any funds expended in violation of any of the terms of this PROJECT AGREEMENT. D. Reversion of assets. Upon expiration or termination of this PROJECT AGREEMENT, the DEVELOPER must transfer to VILLAGE any CDBG funding on hand at the time of expiration or termination and any accounts receivable attributable to its use of CDBG FUNDS. Since the PROJECT also involves real property that DEVELOPER has acquired or improved with CDBG FUNDS in excess of $25,000, such property shall: i. Be used to meet one of the national objectives in 24 C.F.R.. 570.208 until five (5) years after expiration of the PROJECT AGREEMENT, or such longer period of time as determined to be appropriate by the VILLAGE, or i. Repay VILLAGE the amount of CDBG FUNDS provided to DEVELOPER, less such amounts on hand at the time of expiration or termination and any accounts receivable attributable to its use of the CDBG FUNDS transferred to VILLAGE. E. To facilitate reversion/repayment of the CDBG FUNDS under this Article IX, DEVELOPER shall execute such documents as the VILLAGE deems necessary to secure its rights to revision/repayment of the CDBG FUNDS, which may include, but is not limited to, a lien on the Property. Any such lien shall be recorded by DEVELOPER at its sole cost and expense. 10 308459_1 X. REMEDIES A.In the event of any violation or breach of this PROJECT AGREEMENT by DEVELOPER, misuse or misapplication of funds derived from this PROJECT AGREEMENT by DEVELOPER or any violation of any of the statutes, rules and regulations, directly or indirectly, by the DEVELOPER and/or any of its agents or representatives, then DEVELOPER, to the fullest extent permitted by law, agrees to indemnify, and hold the VILLAGE harmless from any damages, penalties, and expenses, including attorneys’ fees and other costs of litigation, resulting from such action or omission by DEVELOPER. All counsel employed by the DEVELOPER to defend the VILLAGE pursuant to this PROJECT AGREEMENT shall first be approved by the VILLAGE, such approval to not be unreasonably withheld or delayed. The DEVELOPER does not hereby waive any defenses or immunity available to it with respect to third parties. B.In the event HUD, or any other federal agency, makes any claim which would give rise to invoking the remedy provisions, as set forth in this Section X, then the VILLAGE or DEVELOPER shall immediately notify the other party, in writing, providing the full details of the alleged violation. The DEVELOPER shall have the right to contest the claim, in its own name or in the name of the VILLAGE, with its written consent, through all levels of any administrative proceedings or in any court of competent jurisdiction without any cost to the VILLAGE. Upon any final adjudication, or upon any settlement agreed to between the DEVELOPER and the Federal agency, the DEVELOPER shall promptly pay any funds found due and owing. C.As long as the VILLAGE is not in jeopardy of losing any other Federal funding, of any kind or description, as a result of the alleged breach, the DEVELOPER shall have the complete right to (i) cure the alleged breach as provided in Section IX.C hereof, (ii) contest the claim as provided in Section X.B above, (iii) settle or compromise any claim and to pay any judgment or Settlement to the federal government, so long as VILLAGE is indemnified. D.If the VILLAGE has lost or been prevented from receiving any federal funds, other than the CDBG FUNDS for the PROJECT, as a result of any alleged violation of this PROJECT AGREEMENT by the DEVELOPER that is subject to the remedy provisions hereof and a failure by the DEVELOPER to cure the alleged violation within the time period permitted in Section X.C above, the DEVELOPER shall repay, upon demand by the VILLAGE, such amount of CDBG funding due, as a result of the alleged breach, and the DEVELOPER may then pursue any remedy it may have in an appropriate forum in its own name or in the name of the VILLAGE, whichever is applicable. E.In addition to its obligations set forth above, the DEVELOPER shall, to the fullest extent allowed by law, assume the defense of and shall pay, indemnify, and hold harmless VILLAGE, its officers, agents, employees and volunteers, from all suits, actions, claims, mechanics’ liens, demands, damages, losses, expenses, and costs of every kind and description to which the VILLAGE, its officers, agents, employees and volunteers, may be subject by reason of any act or omission of DEVELOPER, its 11 308459_1 officers, agents, employees and volunteers, in undertaking and performing under this PROJECT AGREEMENT. The DEVELOPER does not hereby waive any defenses or immunity available to it with respect to third parties. XI. MISCELLANEOUS PROVISIONS A.AMENDMENTS – Any proposed change in this PROJECT AGREEMENT shall be submitted to the other party for prior approval. No modifications, additions, deletions, or the like, to this PROJECT AGREEMENT shall be effective unless and until such changes are executed in writing by the authorized officers of each party. DEVELOPER acknowledges that HUD may from time to time issue updated guidance regarding the CDBG program that may require amendment of this PROJECT AGREEMENT and agrees to cooperate with VILLAGE in making such amendment. B.SUBJECT TO FINANCIAL ASSISTANCE AGREEMENT - This PROJECT AGREEMENT is made subject to financial assistance agreements between the VILLAGE and the United States Department of Housing and Urban Development, with the rights and remedies of the parties hereto being in accordance with this PROJECT AGREEMENT. C.ASSIGNMENT - DEVELOPER shall not assign this PROJECT AGREEMENT or any part thereof, nor shall DEVELOPER transfer or assign any property or assets acquired using CDBG funding or claims due or to become due hereunder, without the written approval of the VILLAGE having first been obtained. The contracting or subcontracting of construction work on the PROPERTY does not constitute an assignment, and transfer by the DEVELOPER to the AFFILIATE is hereby permitted. D.SEVERABILITY - In the event any provision of this PROJECT AGREEMENT shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provision hereof. E.AGREEMENT DURATION - Unless terminated by the VILLAGE pursuant to the terms of this PROJECT AGREEMENT above, this AGREEMENT will remain in effect for the term described in IV. C. above. F.NO PARTNERSHIP. Nothing contained in this PROJECT AGREEMENT, any mortgage, note or any other document or instrument related to this PEROJECT shall be deemed to create a joint venture, partnership relationship, or employer/employee relationship between the VILLAGE and DEVELOPER. DEVELOPER shall at all times remain an “independent contractor” with respect to the services to be performed under this PROJECT AGREEMENT. G. COUNTERPARTS. This AGREEMENT may be executed in counterparts, each of which shall be an original and all of which together shall constitute one and the same agreement. H. VENUE. The parties hereto agree that any lawsuit(s) between them concerning this AGREEMENT, its enforcement, or the subject matter thereof, shall be governed and 12 308459_1 construed in accordance with the laws of the State of Illinois and applicable Federal laws and regulations, without regard to conflict of law, including matters of construction, validity and performance, and venue shall be in Cook County, Illinois. IN WITNESS WHEREOF, the VILLAGE and DEVELOPER have hereto executed this PROJECT AGREEMENT on the dates recited below to be effective on the date first written above. VILLAGE OF MOUNT PROSPECT, an Illinois home rule municipal corporation, By: _____________________________________ Arlene A. Juracek Mayor Attest: __________________________________ M. Lisa Angell Village Clerk Date: _________________ DEVELOPER: THE ALDEN FOUNDATION., an Illinois not-for-profit corporation By: _____________________________________ __________________, President Attest: __________________________________ _________________, Secretary Date: _________________ 13 308459_1 0 The Alden Foundation Providing affordable housing for seniors • t'x 14tP�(T RECEIVED November 17, 2011 NOV 2 2 2011 Mr. William J. Cooney, Jr. � Deve o tY P Director of Community Development Village of Mount Prospect 50 S. Emerson Street Mount Prospect, Illinois 60056 RE: Community Development Block Grant Application from The Alden Foundation for Mount Prospect Horizon Senior Living Community Dear Mr. Cooney: Enclosed please find one original and nine copies of a CDBG application for the above - reference project. We are requesting $50,000 from your FY 2013 allocation. The funds will be used for public site improvements related to the construction of the Mt. Prospect Horizon Senior Living Community, a 92 -unit apartment (including one unit for a live -in maintenance manager) building proposed for the vacant property at 1703 E. Kensington Road. Our community will serve low and very low income seniors, age 62 and older. Many will come from Mt. Prospect or will be the family of Mt. Prospect residents. This grant will help fill a gap in our financing for the project and will also provide a local match for other agencies who are investing in the development. Please feel free to contact me at 773.724.6374 with any questions or if you need further information. Thank you for your consideration. Sincerely, Beth Demes Executive Director Enclosures: • 4200 West Peterson Avenue Chicago, Illinois 60646 Phone. (773) 286 -3883 Fax: (773) 286 -1562 VILLAGE OF MOUNT PROSPER 50 SOUTH EMERSON STREET MOUNT PROSPECT, ILLINOIS 60056 Telephone (847) 818 -5328 SOCIAL SERVICE AGENCY APPLICATION FOR VILLAGE C.D.B.G. FUNDS FISCAL YEAR JANUARY 1, 2013 TO DECEMBER 31, 2013 Applicant The Alden Foundation and Mt. Prospect Horizon Senior Living Community–(proposed affordable senior living community) Address: Alden Foundation: 4200 W. Peterson Ave., Chicago, Illinois 60646 Proposed Mt. Prospect Horizon Senior Living Community: 1703 E. Kensington Road, Mt. Prospect, Illinois Contact Person—Elizabeth Demes Title Executive Director, The Alden Foundation Email bdemes@aldengroup.org Phone 773 - 724 -6374 Agency's Fiscal Year January 1 to December 31s' Total Amount Requested $50,000 PROGRAM Describe the program for which funds are requested, including its purpose, duration and goals. The Alden Foundation is asking for a one -time only grant to help build Mt. Prospect Horizon, a 91 -unit affordable independent living community for seniors, age 62 and older. Mt. Prospect Horizon will offer high quality housing affordable to seniors whose incomes are at or below 30 %, 50% and 60% of the Chicago area median income. The village's funds will be leveraged with $20,326,431 in public and private investment. Please see attached project description for a more information about the proposed development. The village's funds are needed to help fund a gap in financing and also to enable other agencies, which require a local match, to invest in the project. Days and hours the program will be available: Not applicable. The funds are being used for construction of the affordable housing, not for an ongoing program. This affordable housing development will remain affordable to seniors for a period of 50 years. • Application for C.D.B.G.Funds Village g of Mount Prospect Fiscal Year 2013 page 2 SERVICE AREA Please list the agency's entire service area: The Alden Foundation develops, owns and operates affordable senior housing throughout the Chicago metropolitan area. What percentage of the total project budget is the requested grant? 1/ of 1% (.25 %) What percentage of Mount Prospect residents are served compared to the total population served by this program? The building will not be restricted to Mt. Prospect residents, as that would be a violation of fair housing laws. However, The Alden Foundation has developed and presently owns and operates 8 affordable independent senior living communities and one supportive living facility, all in the Chicago metropolitan area. Our experience is that a very high percentage (probably 75 %) of the senior residents will have some connection to Mt. Prospect, either by being a resident or by having family who reside in Mt. Prospect. Does this program provide a service to the entire Village of Mount Prospect? XYes ❑ No If no, explain: • Additional eligibility criteria that exists for Mount Prospect residents: All Mt. Prospect Horizon residents must meet the income restrictions of the building. Please list other agencies in the area that provide services similar to those for which you are requesting funds. Also list how your program is different from other agencies that provide similar services — or if it will provide additional services. As far as we know, while there are other existing affordable senior housing projects in Mt. Prospect (Section 8 buildings), there are no new affordable senior housing development being proposed in the community. . PROGRAM CLIENT STATISTICS 1. Define the "unit of service:" ■ ■ Application for C.D.B.G. Funds - Village of Mount Prospect PP g P Fiscal Year 2013 page 3 2. Total proposed number of clients for the grant period: 91 residents Mount Prospect portion only: unknown — possibly 68 senior residents of Mt. Prospect or the elderly family members of Mt. Prospect residents 3. Proposed number of units of service for the grant period: 91 residents 4. Mount Prospect portion only: possibly 68 senior residents of Mt. Prospect or the elderly family members of Mt. Prospect residents 5. Total number of clients served during the previous year: not applicable Mount Prospect portion only: not applicable 6. Total number of units of service provided during the previous year: not applicable Mount Prospect portion only: not applicable FUNDING SOURCES Describe all client fees and all other sources of funds: See attached sources of funds and development budget, along with the proposed rents for the building. If sliding scale is available, list the criteria: Not applicable. See attached rent schedule. Percentage of Mount Prospect clients who qualify for the sliding scale: Not applicable. Average rate charges for those who qualify for the sliding scale: If you have received Village funds, indicate most recent year: Total amount actually received for that year from Village: List all other funding sources and total funds received for this program and portion allocated for Mount Prospect residents: Source Total Funds Amount Utilized for 0 Mount Prospect Residents Application for C.D.B.G. Funds - Village of Mount Prospect Fiscal Year 2013 Number of years Mount Prospect C.D.B.G. funds may be needed, including this year: BUDGET: SEE ATTACHED PROJECT BUDGET & SOURCE OF FUNDS 1. Agency budget for 2012: $ 2. Program budget for 2012: $ Mount Prospect portion only: 3._ Proposed Agency budget for 2013: $ Not applicable. One -time only grant request 4. Proposed Program budget for 2013: $ Mount Prospect portion only: $ STAFF FOR FUNDED PROGRAM Total number of staff employed by this program: None. Grant will help pay for construction of the building; it will not pay for the employees of Mt. Prospect Horizon a. Full time (over thirty hours per week) Property Manager to be hired b. Part time (under thirty hours per week Maintenance manager to be hired and who will live in the building rent free. C. d. Volunteers Please list titles, professional or educational background and salaries for employees of the program. Title Professional/Educational Background Annual Salary • A page 4 ■ Application for C.D.B.G. Funds - Village of Mount Prospect Fiscal Year 2013 page 5 OTHER INFORMATION (Optional) Please see attached information on The Alden Foundation its mission, experience and board of directors. r� u • Application for C.D.B.G. Funds- Village of Mount Prospect Fiscal Year 2013 page 6 THE FOLLOWING INFORMATION MUST BE SUBMITTED AS PART OF THIS APPLICATION BEFORE YOUR REQUEST FOR FUNDING MAY BE CONSIDERED 1. Copies of the Agency's Statement of Purpose (10 copies). 2. The Agency's current budget, including source and amount of funds (10 copies). 3. The Agency's proposed budget for next fiscal year, including proposed funding sources (10 copies). 4. Copies of the Agency's most recent independent certified audit, and management report (1 copy). If additional space is needed for a reply to any of the questions, a separate sheet of paper may be attached. The information on this application is accurate to the best of knowledge. Inaccurate or misleading information may be cause to reject this application. -� Signa ure �IZfS 0 / "-a bed ` . Executive Director Title Date ........................................................................................................................................................................ ............................... RETURN COMPLETED APPLICATION FORM AND SUPPORTING DOCUMENTS TO: VILLAGE OF MOUNT PROSPECT COMMUNITY DEVELOPMENT DEPARTMENT 50 SOUTH EMERSON STREET MOUNT PROSPECT, ILLINOIS 60056' 0, Appiio a 201 doc M 0 Mt. Prospect Horizon Senior Living Community Proposed unit mix and rents % of Chicago area median income # of units # bedrooms # bathrms rents 30% 19' 1 1 731 30% 4 1 1 332 50% 8 _ 1 1 597 60% 39 1 1 731 50% 2 2 1 710 60% 19 2 1 871 "These units will have housing choice vouchers attached to them. Senior residents will pay 30% of their income toward rent and the vouchers will make up the difference in rent up to $731 /month. Units will be restricted to seniors earning 30% of the Chicago AMI or less Chicago area median income by household size (2011) CHICAGO area includes Cook, Du Page, Lake, 1 PERSON 2 PERSON 3 PERSON Kane, McHenry & Will LIMIT LIMIT LIMIT • median income ( "AMI ") $52,400 $59,900 $67,400 60% of AMI $31,440 $35,940 $40,440 50% of AMI $26,200 $29,950 $33,700 30% of AMI $15,720 $17,970 $20,220 We expect no more than 1 person in a 1 bedroom apartment (with some exceptions)' and no more than 2 persons in a 2 bedroom apartment. RECMVh JUN 19 VWap of Mt. ftm)eal Community Develop=* • 0 Mt. Prospect Horizon Senior Living Community Project Description Mt. Prospect Horizon Senior Living Community will be a 91 -unit (plus a 92 r ' d unit for an on -site building caretaker) affordable senior independent living development, which will be built on roughly 6 acres of land at 1703 E. Kensington Road, which is on the south side of Kensington, one parcel east of Wolf Road, in Mt. Prospect, Illinois. The Alden Foundation, a 501(c)(3) not - for - profit corporation dedicated to the development of affordable senior housing, is sponsoring and developing the project. Mt. Prospect Horizon will be the Alden Foundation's 10th affordable senior living development and its ninth affordable independent senior living community in the Chicago area. The site plan includes one three - story apartment building. The apartment building is designed as two L- shaped three -story wings connected by a one -story center wing, creating two outdoor courtyards. The center wing will contain the main entrance to the building and some common area amenities. Mt. Prospect Horizon will offer 70 one - bedroom and 21 two- bedroom apartments (plus a 22nd two- bedroom apartment for a live -in maintenance manager) to seniors, age 62 and older. The building will be certified under the Enterprise Green Communities program, a certification similar to LEED but tailored to affordable residential developments. The site will offer a lush, quiet setting for Mt. Prospect Horizon's senior residents and is convenient to many amenities, including a Walgreen directly west of the property. There is a bus line along Wolf Road and a small strip shopping center with restaurants across the Is street on the northeast corner of Wolf and Kensington. Mt. Prospect Horizon's apartments will have emergency call buttons; ceiling fans in the bedrooms and living rooms; cabling for high -speed Internet access; and modern kitchens with Energy Star dishwashers, refrigerators and stove /ranges. There will be coin- operated laundry facilities on each of the three floors. Other amenities in the building will include a community room with a big- screen projection TV and kitchen (for parties, not for daily meal service); an outdoor patio with a gas grill; an exercise room with fitness equipment; an arts and crafts room; a game room with a billiards table; a computer lab with Internet access; a quiet library with a fireplace; a manager's office; -and the caretaker's apartment. The site will have 98 parking spaces. Mt. Prospect Horizon will be restricted to seniors, age 62 and up. Apartments will be targeted to seniors at 30 %, 50% and 60% of the Chicago area median income. One bedroom apartment rents are proposed to be $328 and $731 per month. Two - bedroom rents are proposed to be $710 to $870 per month for a two - bedroom apartment. Residents are responsible for gas heat and apartment electric (for cooking, other appliances, lighting and air conditioning.) 10 units will be fully accessible for wheelchairs and two will accommodate sight or hearing impaired; the remainder will be handicapped adaptable. Although Mt. Prospect Horizon will offer independent living, there will be a number of organized activities and events for the residents, including arts and crafts classes; movie nights; special dinners and holiday parties; field trips; seminars on a range of topics, including health care and finance; blood pressure screening; bingo and lots of other activities. i_ Mount Prospect Horizon Senior Living Community Sources & Uses of Funds Proposed sources bank first mortgage $2,850,000 IHDA HOME loan $900,000 Cook County HOME loan $900,000 Mt, Prospect CDBG $50,000 Alden Foundation equity $10,000 Federal Home Loan Bank AHP funds $607,500 DCEO energy grant $243,102 Equity - sale of donation tax credits $425,625 LP equity (sale of LIH tax credits) $13,798,612 GP equity /loan $475,084 Total Financing $20,259,923 Proposed Development Budget Land acquisition $1,750,000 Construction & related costs $14,398,419 Professional & development fees $2,503,299 Financing- related costs $953,572 Reserves & escrows $654,633 Total Budget $20,259,923 • Mt. Prospect Horizon Senior Living Community Proposed unit mix and rents % of Chicago area median income # of units # bedrooms # bathrms rents 30% 19 1 1 731* 30% 4 1 1 332 60% 47 1 1 731 50 6 2 1 710 60% 15 2 1 871 *These units will have housing choice vouchers attached to them. Senior residents will pay 30% of their income toward rent and the vouchers will make up the difference in rent up to $731 /month: Units will be restricted to seniors earning 30% of the Chicago AMI or less Chicago area median income by household size (2011) CHICAGO area includes Cook, Du Page, Lake, 1 PERSON 2 PERSON 3 PERSON Kane, McHenry & Will LIMIT LIMIT LIMIT • median income ( "AMI ") $52,400 $59,900 $67,400 60% of AMI $31,440 $35,940 $40,440 50% of AMI $26,200 $29,950 $33,700 30% of AMI $15,720 $17,970 $20,220 We expect no more than 1 person in a 1 bedroom apartment (with some exceptions) and no more than 2 persons in a 2 bedroom apartment. ! • The Alden Foundation • Corporate Resume The mission of The Alden Foundation is to expand affordable housing opportunities for low and moderate income seniors and persons with special needs by distinctively designing and developing communities that residents proudly can call home and by offering programs that promote independence and foster friendships. The Alden Foundation was created in 1990 to raise money for various issues affecting the elderly. In 1996 the non- profit's focus and mission changed to developing and operating affordable housing for seniors on fixed incomes. Since that time the Foundation has successfully developed and presently owns and operates 611 units of affordable senior housing in 10 developments, including 525 units of affordable independent senior housing and 86 units of supportive living, all located in the Chicago metropolitan area. These developments are owned through wholly owned, for - profit subsidiaries of the Foundation, which act as general partners in the ownership limited partnerships. The Alden Foundation also owns one 33 -unit market rate senior townhome development. The organization prides itself on the excellent design of its buildings, which incorporate elements and amenities that foster social interaction and create comfort for senior residents. Creative programming developed by the on -site staff also helps to keep residents active, independent and young in spirit. All of the Foundation's independent living communities are fully occupied and maintain long waiting lists: A dynamic Board of Directors and a synergistic relationship with the Alden network, a team of companies that specialize in senior health care facilities, has helped to make The Alden Foundation a leader in non - profit senior housing. STAFF Beth Demes, Executive Director Ms. Demes has more than 20 years of experience in financing and managing affordable housing. Ms. Demes directs the predevelopment and development process for new affordable housing projects of the Alden Foundation and oversees the asset management for operational projects. Among her previous positions, Ms. Demes directed the asset management operation of a national tax credit investment company and has consulted and advised clients on structuring the financing for and managing affordable housing developments. • 4200 West Peterson Avenue Chicago, Illinois 60646 Phone: (773) 286 -3883 Fax: (773) 286 -1562 The Alden Foundation Affordable Senior Housing Developments owned by The Alden Foundation: DREXEL HORIZON SENIOR LIVING COMMUNITY 3443 S. 55th Street Cicero, Illinois 72 -unit affordable independent living community for seniors • ALDEN HORIZON AT WATERFORD SENIOR LIVING COMMUNITY 2000 Randi Drive Aurora, Illinois 60804 98 -unit affordable independent living community for seniors FOX RIVER HORIZON I and II SENIOR LIVING COMMUNITIES 785 & 765 Fletcher Drive Elgin, Illinois 60123 A 43 -unit and a 39 -unit affordable independent community connected by an enclosed walkway. OAK FOREST HORIZON SENIOR LIVING COMMUNITY 14904 S. Cicero Avenue Oak Forest, Illinois 85 — unit affordable independent living community for seniors BARRINGTON HORIZON SENIOR LIVING COMMUNITY 1414 -18 S. Barrington Road Barrington, Illinois 60010 51 -unit affordable independent living community for seniors BLOOMINGDALE HORIZON SENIOR LIVING COMMUNITY 160 W. Lake Street Bloomingdale, Illinois 60108 91 -unit affordable independent living community for seniors ALDEN GARDENS OF BLOOMINGDALE SUPPORTIVE LIVING COMMUNITY 285 E. Army Trail Road Bloomingdale, Illinois 60108 86 -unit (capacity 96 residents) affordable assisted living community for seniors SHOREWOOD HORIZON SENIOR LIVING COMMUNITY 820 W. Black Road Shorewood, Illinois 60404 51 -unit affordable independent senior living community 4200 West Peterson Avenue Chicago, Illinois 60646 Phone: (773) 286 -3883 Fax: (773) 286 -1562 The Alden Foundation THE LAKES AT WATERFORD 1803 - 1881 Audra Circle; 922 934 Waterford Drive; 1900 — 1912 Alden Circle Aurora, Illinois 60804 33 entrance-fee-based senior independent living duplexes on the Alden of Waterford Continuum of Care Campus • 4200 West Peterson Avenue Chicago, Illinois 60646 Phone: (773) 286 -3883 Fax: (773) 286 -1562 0 The Alden Foundation • Board of Directors Joan Carl, President 680 N. Lake Shore Dr. Chicago, Illinois 60611 White female Ms. Carl has more than 30 years of experience in real estate development, construction, nursing home management and senior health care at the Alden Group; she is vice president of all the affiliates, running the day -to -day operations of Alden Management Services and directing all new development activities. As president of the Alden Foundation since 1996, she has overseen its growth to seven affordable independent living communities offering a total of 479 affordably priced apartments to seniors. She has been active in several charities and has served as President of the Chicago Metro Chapter of the Illinois Health Care Association. Steve Kroll, Treasurer & Secretary 5406 W. Wilson Avenue • Chicago, Illinois 60630 White male Mr. Kroll is a CPA, with more than 30 years of experience in both public accounting and private industry. His practice specialty is the long -term care industry. He is presently the Chief Financial Officer for the Alden Group, Ltd. He previously served on the Board of Directors of Over the Rainbow Association, a not - for - profit organization that develops housing for developmentally disabled and physically impaired adults in the Chicago area. Marcia Brin 7746 W. Arcadia Morton Grove, Illinois 60653 White female Ms. Brin has been involved in charitable work for the last 25 years. Under her direction as its President, the Davidson -Brin Leukemia Research Foundation Chapter has raised over $1 million, which directly went to research. • 4200 West Peterson Avenue Chicago, Illinois 60646 Phone: (773) 286 -3883 Fax. (773) 286 -1562 • 0 • Warren P. Wenzloff Applegate & Thorne- Thomsen, P.C. 322 S. Green Street Suite 400 Chicago, IL 60607 White male • Mr. Wenzloff is a partner of Applegate & Thorne - Thomsen, P.C., a law firm with a special focus on affordable housing and community development. Mr. Wenzloff has extensive experience representing developers of, and investors in, affordable multifamily housing projects that use the syndication of historic and low income housing tax credits, rental subsidies and multi- tiered private and governmental loan, tax - exempt bond and grant programs for financing the rehabilitation and construction of such housing, including the HOPE VI, FHA - insured and Mark to Market programs. He has also represented lenders providing financing for affordable housing seeking to use the low income housing tax credits. He is a member of the American Bar Association's Forum on Affordable Housing and Community Development and has served on the Board of Directors and Executive Committees of the West Cook Community Development Corporation and the Oak Park Residence Corporation. Linda Fulkerson Brinshore Development L.L.C. 666 Dundee Road, Suite 1102 Northbrook, Illinois 60062 White female Ms. Fulkerson is a senior vice president of Brinshore Development, a real estate development company with a specialty in affordable housing. Ms. Fulkerson is responsible for developing affordable housing, from conception to completion, including site acquisition, municipal approvals and financing structure. She has more than 20 years of housing finance and community development experience. Ms. Fulkerson also assists the syndication of housing tax credits for the Richman Group, performing due diligence, analysis and acquisition closings for the Midwest region. Prior professional experience includes the Illinois Housing Development Authority and DuPage County, where she administered the Community Development Block Grant and HOME Investment Partnership programs. Ms. Fulkerson is a member of the American Planning Association and the American Institute of Certified Planners. • 4200 West Peterson Avenue Chicago, Illinois 60646 Phone: (773) 286 -3883 Fax: (773) 286 -1562 • 4200 West Peterson Avenue Chicago, Illinois 60646 Phone: (773) 286 -3883 Fax. (773) 286 -1562 Carl A. Jenkins Harris N.A. 111 West Monroe - Suite 7C Chicago, Illinois 60603 Black male Mr. Jenkins is vice president and director of community investments for Harris N.A. He has been with Harris for more than eight years and most recently served as a relationship manager in real estate and construction for BMO Capital Markets, Harris' corporate and investment banking affiliate. Mr. Jenkins started his career in 1986 as an architect and in 1992 joined Local Initiatives Support Corporation (LISC), where, among his positions, he served as program director for the Northwest Indiana LISC program and later the program director of local strategies for the LISC national office. Kenneth J. Fisch 355 Woodcreek Rd. #38 Wheeling, Illinois 60090 White male Mr. Fisch is an attorney and a sole practitioner. He has 40 ears of experience in Y p corporate and real estate transactional law and is a member of the Illinois Bar Association. • 4200 West Peterson Avenue Chicago, Illinois 60646 Phone: (773) 286 -3883 Fax. (773) 286 -1562 RECEIVED Mt. Prospect Horizon Senior Living Community MAY 1 3 2013 Project Description PIN #: 03 -36- 100 -028 Village of Mt. Prospect Community Development Mt. Prospect Horizon Senior Living Community will be a 91 -unit (plus a 92' unit for an on -site building caretaker) affordable senior independent living development to be built on roughly 6 acres of vacant land at 1703 E. Kensington Road, which is on the south side of Kensington, one parcel east of Wolf Road, in Mt. Prospect, Illinois. The project falls under the jurisdiction of the Cook County Housing Authority. The Alden Foundation, a 501(c)(3) not - for -profit corporation dedicated to the development of affordable senior housing, is sponsoring and developing the project. Mt. Prospect Horizon will be the Alden Foundation's 10th affordable senior living development and its ninth affordable independent senior living community in the Chicago area. Surrounding neighborhood: The site is convenient to many amenities. The neighborhood is a cross section of commercial and residential uses. There is a Walgreens directly west of the property and a bus stop at the corner of Wolf Road and Kensington, less than '/2 block from the site; the bus route runs to the Metra station, less than a mile away. A small strip shopping center with restaurants is within walking distance on the northeast corner of Wolf and Kensington. To the north of the site is a residential subdivision. The Northwest Water Commission is directly south of the site. To the east of the site, across the railroad tracks, are more single family homes. Building design: Mount Prospect Horizon will be a new construction, three - story apartment building designed as two L- shaped three -story wings connected by a one -story center wing, creating two outdoor courtyards. The center wing will contain the main entrance to the building and some common area amenities. Mt. Prospect Horizon will offer 92 total units, made up of 70 one - bedroom and 21 two- bedroom apartments (plus a 22nd two - bedroom apartment for a live -in maintenance manager), to seniors age 62 and older. One - bedroom units will be 682 square feet, and two- bedroom units will be between 925 and 1,115 square feet. 10 units will be fully accessible for wheelchairs and two will accommodate sight or hearing impaired; the remainder will be handicapped adaptable. In addition to conforming with the Illinois Housing Development Authority's and Cook County's energy efficiency and sustainability requirements, the building will be certified under the Enterprise Green Communities program, a certification similar to LEED but tailored to affordable residential development. The certification includes Energy Star Certification. Mt. Prospect Horizon's apartments will have emergency call buttons; ceiling fans in the bedrooms and living rooms; cabling for high -speed Internet access; and modern kitchens with Energy Star dishwashers, refrigerators and stove /ranges. There will be coin - operated laundry facilities on each of the three floors. Other amenities in the building will include a community room with a big- screen projection TV and kitchen (for parties, not for daily meal service); an outdoor patio with a gas grill; an exercise room with fitness equipment; an arts and crafts room; a game room with a billiards table; a computer lab with Internet access; a quiet library with a fireplace; a manager's office; and the caretaker's apartment. The site will have 93 parking spaces. 1 r Income restrictions and Project Based Vouchers: Mt. Prospect Horizon will be restricted to seniors age 62 and up. Apartments will be targeted to seniors at 30 %, 50 % and 60 % of the Chicago area median income. Nineteen one- bedroom apartments will have Housing Choice Vouchers attached to them through the Housing Authority of Cook County; residents in those units will only pay 30% of their income toward the rent, with the remainder subsidized by the Housing Choice Voucher. Residents are responsible for gas heat and apartment electric (for cooking, other appliances, lighting and air conditioning.) Although Mt. Prospect Horizon will offer independent living, there will be a number of organized activities and events for the residents, including arts and crafts classes; movie nights special dinners and holiday parties; field trips; seminars on a range of topics, including health care and finance; blood pressure screening; bingo and lots of other activities. Ownership and development team: The same development team that worked on The Alden Foundation's other nine projects is slated for Mount Prospect Horizon: Alden Design Group, Inc. will be the lead architect and interior designer; Alden Bennett Construction Company will be the general contractor; and Alden Realty Services will be the property manager. The owner of Mount Prospect Horizon will be Mount Prospect Horizon Limited Partnership, which is comprised of a fund of The Richman Group Affordable Housing Corporation as the 99.99 % limited partner and Mount Prospect Horizon, Inc., a wholly owned subsidiary of The Alden Foundation, as the .01 % general partner. The Alden Foundation was created in 1990 to raise money for various issues affecting the elderly. In 1996 the non - profit's focus and mission changed to developing and operating affordable housing for seniors on fixed incomes. Since that time the Foundation has successfully developed and presently owns and operates 611 units of affordable _senior housing in 10 developments, including 525 units of affordable independent senior housing and 86 units of supportive living, all located in the Chicago metropolitan area. These developments are owned through wholly owned, for - profit subsidiaries of the Foundation, which act as general partners in the ownership limited partnerships. The Alden Foundation also owns one 33 -unit market rate senior townhome development. Financing sources: The Alden Foundation has sought all possible sources of affordable housing financing for this project, including: $2,900,000 first mortgage loan from BMO Harris Bank; $540,000 from the Cook County HOME program; $1,270,136 in Illinois Housing Development Authority (IHDA) Low Income Housing Tax Credits, which in turn is generating $12,446,088 in equity from U.S.A. Institutional Tax Credit Fund XCIII LP (a fund created by The Richman Group Capital Corporation); a $1,650,000 IHDA HOME loan; a $1,250,000 IHDA Trust Fund loan; a $50,000 in Community Development Block Grant funds from the Village of Mount Prospect; a $272,272 Affordable Housing Energy Efficiency grant from the Illinois Department of Commerce and Economic Opportunity $425,625 from the sale of State of Illinois Donation Tax Credits; and a $607,500 Affordable Housing Program grant from the Chicago Federal Home Loan Bank. The 2 r Alden Foundation is also deferring 27 % of its developer fee ($482,304) to help finance the project. c x H rr ORDER NO.: 1401 008502129 D7 5. THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS: PARCEL 1:_ LOT 1 IN CHARLES SUBDIVISION OF PART OF THE NORTHWEST 1/4 OF SECTION 36, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 10, 1999 AS DOCUMENT 99230400 IN COOK COUNTY, ILLINOIS. PARCEL 2: NON- EXCLUSIVE EASEMENT FOR THE BENEFIT OF PARCEL 1 FOR STORM SEWER PURPOSES, CREATED BY GRANT OF STORM SEWER EASEMENT FROM WISCONSIN CENTRAL LTD., AN ILLINOIS CORPORATION, TO CHANCELLOR OR MOUNT PROSPECT, INC., A DELAWARE CORPORATION, RECORDED MARCH 10, 1999 AS DOCUMENT 99230398, OVER, UPON AND ACROSS THE FOLLOWING DESCRIBED LAND: THAT PART OF THE NORTHWEST 1/4 OF SECTION 36, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, AND PART OF THE SOUTHWEST 1/4 OF SECTION 25, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD PRINCIPAL MERIDIAN, DESCRIBED AS FOLLOWS: BEGINNING AT THE INTERSECTION OF THE WEST RIGHT -OF -WAY LINE OF THE WISCONSIN CENTRAL LTD. AND THE SOUTH RIGHT -OF -WAY LINE OF KENSINGTON ROAD (ALSO KNOWN AS FOUNDRY ROAD OR OLD FOUNDRY ROAD), AS DEDICATED BY TOWNSHIP DEDICATION (JULY 11, 1981) AS SHOWN IN EXHIBIT "B" OF DOCUMENT NUMBER 26409319 IN THE COOK COUNTY HIGHWAY DEPARTMENT OF RECORDS AND RUNNING THENCE NORTHWESTERLY ALONG SAID WEST LINE OF THE WISCONSIN CENTRAL LTD., 34.87 FEET TO THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 36; THENCE CONTINUING NORTHWESTERLY ALONG SAID WEST LINE, 1,150 FEET MORE OR LESS TO THE CENTER OF MCDONALD CREEK THENCE EASTERLY AT RIGHT ANGLES TO THE PREVIOUSLY DESCRIBED COURSE, 10 FEET; THENCE SOUTHEASTERLY, PARALLEL WITH SAID WEST LINE, 1153.4 FEET MORE OR LESS TO THE SOUTH LINE OF THE SOUTHWEST 1/4 OF SAID SECTION 25; THENCE CONTINUING SOUTHEASTERLY ALONG THE EXTENSION OF THE LAST DESCRIBED COURSE, 52.83 FEET TO A'POINT THAT IS 50 FEET PERPENDICULARLY SOUTH OF THE NORTH LINE OF THE NORTHWEST 1/4 OF SAID SECTION 36; THENCE WESTERLY, PARALLEL WITH SAID NORTH LINE, 10.57 FEET TO THE WEST LINE OF SAID WISCONSING CENTRAL LTD.; THENCE NORTHWESTERLY ALONG SAID WEST LINE 17.96` FEET TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS. PARCEL 3: NON- EXCLUSIVE EASEMENT FOR THE BENEFIT OF PARCEL 1 FOR THE PURPOSES OF INGRESS AND EGRESS, AS CREATED BY THE EASEMENT AND MAINTENANCE AGREEMENT BETWEEN CHANCELLOR OF MOUNT PROSPECT, INC., A DELAWARE CORPORATION AND WOLF- FOUNDRY L.L.C., AN ILLINOIS LIMITED LIABILITY COMPANY, RECORDED MARCH 23, 1999 AS DOCUMENT 99278729, OVER, UPON AND ACROSS THAT CERTAIN ACCESS EASEMENT DESCRIBED AS FOLLOWS: THAT PART OF LOT 2 OF CHARLES SUBDIVISION, BEING A SUBDIVISION OF PART OF THE NORTHWEST 1/4 OF SECTION 36, TOWNSHIP 42 NORTH, RANGE 11, EAST OF THE THIRD , PRINCIPAL MERIDIAN, ACCORDING TO THE PLAT THEREOF RECORDED MARCH 10, 199 AS DOCUMENT 99230400, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF CONTINUED ON NEXT •PAGE i ORDER NO.: 1401 008502129 D7 5, THE LAND REFERRED TO IN THIS COMMITMENT IS DESCRIBED AS FOLLOWS (CONTINUED): SAID LOT 2 AND RUNNING THENCE SOUTHERLY ALONG THE EAST LINE OF SAID LOT 2, A DISTANCE OF 29.17 FEET TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTHERLY ALONG SAID EAST LINE 24.00 FEET; THENCE SOUTH 86 DEGREES 02 MINUTES 00 SECONDS WEST, ON AN ASSUMED BEARING, 60.06 FEET; THENCE NORTHERLY PARALLEL WITH THE EAST LINE OF SAID LOT 2, A DISTANCE OF 58.51 FEET TO THE NORTH LINE OF SAID LOT 2; THENCE EASTERLY ALONG SAID NORTH LINE, 39.25 FEET; THENCE SOUTHERLY PARALLEL WITH SAID EAST LINE, 14.64 FEET; THENCE SOUTH 41 DEGREES 10 MINUTES 43 SECONDS EAST, 20.01 FEET; THENCE EASTERLY PERPENDICULAR TO SAID EAST LINE OF LOT 2, A DISTANCE OF 7.22 FEET, MORE OR LESS, TO THE POINT OF BEGINNING, IN COOK COUNTY, ILLINOIS.