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HomeMy WebLinkAbout01/04/1994 VB minutes H~NUTES OF THE REGUL~R~EETING OF THE I~YORAND BOARD OF TRUSTEES OF THE VILLAGE OF HOUNT PROSPECT ~h'U~RY 4~ ~994 CALL TO ORDER CALL TO ORDER Mayor Farley called the meeting to order at 7:30 P.M. ROLL C/%LL Present upon roll call: Mayor Gerald Farley Trustee George Clowes Trustee Timothy Corcoran Trustee Richard Hendricks Trustee Paul Hoefert Trustee Michaele Skowron Trustee Irvana Wilks INVOCATION The invocation was given by Trustee Hendricks. INVOCATION APPROVAL OF MINUTES Trustee Skowron, seconded by Trustee Corcoran, APPROVE moved to approve the minutes of the regular MINUTES meeting of the Mayor and Board of Trustees held December 21, 1993. Upon roll call: Ayes: Corcoran, Hendricks, Hoefert, Skowron, Wilks Nays: None Pass: Clowes Motion carried. ~--~ ~%PPROVi%L OF BILL8 ' Trustee Hoefert, seconded by Trustee Corcoran, APPROVE moved to approve the following list of bills: BILLS General Fund $ 520,606 Refusal Disposal Fund 209,315 Motor Fuel Tax Fund - Community Development Block Grant Fund 19,005 Water & Sewer Fund 128,664 Parking System Revenue Fund 1,563 Risk Management Fund 58,024 Vehicle Replacement Fund 1,360 Motor Equipment Pool Fund - Capital Improvement, Repl. or Rep. 31,836 Downtown Redev. Const. Fund - Police & Fire Building Const. 10,266 Flood Control Revenue Fund - EPA Flood Loan Construction Fund 89,780 Corporate Purpose Improvement 1990 - Debt Service Funds - Flexcomp Trust Fund - Escrow Deposit Fund 11,161 Police Pension Fund 48,814 Firemen' s Pension Fund 48,978 Benefit Trust Fund - ~ $1,179,372 , Upon roll call: Ayes: Clowes, Corcoran, Hendricks, Hoefert, Skowron, Wilks Nays: None Motion carried. MAYOR'S REPORT Mayor Farley and Village Manager Janonis introduced William Cooney, the new Director of Planning, replacing David Clements who resigned in November. COMMUNICATIONS AND PETITIONS - CITIZENS TO BE HEARD TIF Ernest Lasse, 805 South Elm Street, once again expressed his disagreement with the Board's decision to designate Pontarelli Builders as the preferred developer for the downtown development (TIF). Mr. Lasse also stated that he has asked the State's Attorney's Office, Department of Public Integrity, to investigate the process involved with the Request for Proposals ,on this project. A determination has not been made by the State's Attorney's office as to whether they will undertake such an investigation. Trustee Clowes stated that while he was absent at the last meeting, he wanted to express his support for the actions taken by staff relative to this project and continues to support the decision to retain Pontarelli Builders as the preferred developer for the downtown development project. 508 S. OWEN Mr. & Mrs. Kinsella, 508 South Owen, asked the Board to grant a modification from the Building Code to allow air conditioning units encroaching in the required sideyard to remain. Mayor Farley noted that Mr. Kinsella had been granted an variation from the Floor Area Ratio by Ordinance No. 4433, however, the air conditioner units were located in the side yard directly opposite the dining room of the neighbors, Mr. & Mrs. Reo. Mayor Farley also stated that citations had been issued and court appearances made and that the Kinsella's are now bringing this subject to the Village for a final determination. The subject of a compromise between the Kinsella's and Reo's was discussed, such as installing dense shrubs as a form of landscaping screening, however, Mr. & Mrs. Reo stated that the noise from the air compressors would still disturb them and suggested the units be moved to the appropriate location, in the rear yard. Trustee Clowes, seconded by Trustee Hendricks, moved to deny the request for a modification from the Building Code and require the air conditioner units be moved to an approved location in the rear yard by May 1, 1994. Upon roll call: Ayes: Clowes, Corcoran, Hendricks, Hoefert, Skowron Nays: Wilks Motion carried. TRUSTEE COMMENTS RANDHURST Trustee Clowes expressed appreciation to Randhurst DONATION TO TAP Shopping Center for their generous donation to the TAP Mount Prospect Group, which donation provided for printing and video tape duplication costs relative to the newly adopted Parental Responsibility Ordinance. Page 2 - January 4, 1994 OLD BUBINESS ZBA 80-Z-93 and ZBA 81-SU-93, Lake Center Corporate ZBA 80-Z-93 & Park, Elmhurst and Algonquin Roads ZBA 81-SU-93 It was indicated that action on the following TARGET STORE: Ordinances was deferred until the LAKE CENTER January 18, 1994 meeting of the Village Board: PLAZA 2nd reading of An Ordinance Amending the official Zoning Map of the Village 2nd reading of An Ordinance Amending Ordinance No. 3831, Granting A Special Use in the Nature of a Planned Unit Development, for Property Located Within the Lake Center plaza Subdivision 2nd reading of An Ordinance Amending the official Comprehensive Plan of the Village as it Pertains to the Lake Center Plaza ZBA 71-Z-93 and ZBA 72-SU-93, Northeast corner of ZBA 71-Z-93 a Rand Road and Euclid Avenue ZBA 72-SU-93 The Petitioner had requested action on the request OLD ORCHARD to rezone the subject property from R-1 (Single COLONY COUNTRY Family District) to R-4 (Residential Development District) and a Special Use in the nature of a Planned Unit Development to allow construction of condominiums to be deferred in order to allow time to possibly modify the plan. These cases will be brought back to the Village Board at a meeting in the near future. NEW BUSINESS The following Ordinances were presented for first readings that would amend Chapter 8 of theVillage and would create new taxes or amend existing taxes: An Ordinance to amend Article XI entitled AMEND CH.8 "Home Rule Municipal Retailers' S~T~S TAX Occupation Tax" and Article XII entitled "Home Rule Municipal Service Occupation Tax" of Chapter 8 of the Village Code An Ordinance to amend Article IX entitled AMEND CH. 8 "Food and Beverage Tax" of Chapter 8 of FOOD & BEVERAGE the Village Code TAX An Ordinance adding Article XV entitled AMEND CH. 8 ,,Telecommunications Tax" to Chapter 8 of TELE- the Village Code by providing for a tax COMMUNICATIONS on the amount paid for originating or receiving telecommunications in the Village An Ordinance adding Article XVI entitled AMEND CH. 8 "UtilityTax" to Chapter 8 of the Village UTILITY TAX Code These Ordinances will be presented January 18th for second readings. An Ordinance was presented for first reading that AMEND CH. 17 would amend Chapter 17 entitled "Vehicle VEHICLE Licenses" by increasing the cost of vehicle STICKERS stickers. Janet Hansen, Executive Director of the Chamber of Commerce, relayed the concerns of members Page 3 - January 4, 1994 of the Chamber relative to the new and/or increase in taxes, noting that the proposals would have a dramatic effect on the businesses in the Village. As an alternative to the proposed new taxes, Mrs. Hansen suggested that the Village bill the residential community for refuse pick-up, rather than the present method which provides for the cost of refuse pick-up in the real estate tax bills. It was noted that while the real estate tax bills for commercial properties include the cost of garage pick-up, commercial properties must contract for refuse pick-up and do not benefit from that particular item in their tax bill. Ernest Lasse, 805 South Elm Street, expressed his opposition to the proposed new taxes and asked the administration to reduce spending. Trustee Clowes requested a sunset provision be established on the .25% sales tax for flood control purposes. Trustee Corcoran left the meeting for a brief period. ROAD MAINTENANCE: A Resolution was presented that would authorize the IDOT Village to perform specific maintenance on state rights-of-way without having posted a Surety Bond with the State. RES.NO. 1-94 Trustee Hoefert, seconded by Trustee Wilks, moved for passage of Resolution No. 1-94 A RESOLUTION IN LIEU OF A SLrRETY BOND IN ORDER TO PERFORM SPECIFIED CONSTRUCTION WORK WITHIN STATE OF ILLINOIS RIGHTS-OF-WAY Upon roll call: Ayes: Clowes, Hendricks, Hoefert, Skowron, Wilks Nays: None Motion carried. Trustee Corcoran returned to the meeting at this point. VILLAGE Fa%NAGER'S REPORT ELEVATED TANK Village Manager Janonis presented a request to amend REPAIRS the contract with Security Painting Co of Indianapolis for the repair and repainting of the one million gallon-elevated tank at Northwest Highway & Maple Street from $467,340 to $495,875. It was noted that while all bidders were aware of the hazardous waste in the paint being removed, the actual cost involved with removal disposition of that waste could not be determined in advance. The actual amount for handling the hazardous waste materials exceeded the contract amount by $28,535. Trustee Hoefert asked the administration to look into whether the Village would have any liability at the dump site of the hazardous materials. SECURITY Trustee Hoefert, seconded by Trustee Skowron, moved PAINTING CO. to concur with the recommendation of the Page 4 - January 4, 1994 administration and amend the contract with Security Painting Co. from $467,340 to $495,875, an increase of $28,535. Upon roll call: Ayes: Clowes, Corcoran, Hendricks, Hoefert, Skowron, Wilks Nays: None ~" Motion carried. Mr. Janonis noted that with the redevelopment of REDEVELOPMENT: the downtown area, the Aldi's building will be TIF demolished. Sara Lee Bakery is the onlY tenant left in that building and their lease runs through August, 1994. In order to proceed with the redevelopment, it is necessary to buy out the lease with Sara Lee. A negotiated agreement was presented that would provide for a $40,000 buy out figure, along with additional miscellaneous items for an additional $1,356.82. It is anticipated that the building will be vacant as of January 15, 1994. Trustee Hoefert, seconded by Trustee Corcoran, moved to authorize entering into a lease termination agreement with the owner of Sara Lee Bakery as stated. Upon roll call: Ayes: Clowes, Corcoran, Hoefert, Skowron, Wilks Nays: Hendricks ~--~ Motion carried. ANY OTHeR BUSINESS Trustee Hendricks made the comment to Bill Cooley, the new Director of Planning, that Mount Prospect has a height limitation on buildings. Trustee Hendricks also stated that: he is waiting for an explanation from the Assistant Manager on two bills approved for Insituform; he would like to meet with the Village Manager to review a video tape of Insituform's performance on a Village sewer and copies of the bid specifications on this ~type of work in order to explain his concerns; he doesn't want any more bills paid to Insituform until he concludes his investigation; and, he would like the subject of "For Lease" signs located on Wolf Road in the Kensington Center for Business to be placed on the next Committee of the Whole agenda for discussion in order to determine if those signs are permitted. Trustee Skowron asked for back up information on items before they are placed on an agenda for ,-~ discussion. Trustee Clowes stated that the Northwest Municipal Conference has entered into an agreement with a Public Relations firm relative to promoting tax related items and questioned whether such an expense is appropriate based on the fact that tax dollars are used to fund the activities of the Northwest Municipal Conference. Trustee Clowes would also like an aocounting on lobbying conducted by the Conference. Page 5 - January 4, 1994 EXECUTZVE SES8ZON Trustee Hoefert, seconded by Trustee Corcoran, moved to adjourn into Executive Session for the purpose of discussing Property Disposition, Property Acquisition and an update on Litigation. Upon roll call: Ayes: Clowes, Corcoran, Hendricks, Hoefert, Skowron, Wilks Nays: None Motion carried. The Board went into Executive Session at 10:18 P.M. Mayor Farley reconvened the meeting at 11:00 P.M. Present upon roll call: Mayor Farley Trustee Clowes Trustee Corcoran Trustee Hendricks Trustee Hoefert Trustee Skowron Trustee Wilks REFUSE CONTRACT Village Manager Janonis presented a request from RENEWAL ARC Disposal to consider negotiating an extension to the existing refuse contract as a potential alternative to going out for competitive bids. After a brief discussion regarding the merits of this request, it was the consensus of Board members that staff proceed with competitive bidding for the renewal of the refuse contract. Mr. Janonis - indicated he would notify representatives~ from ARC regarding the Board's decision. TAX INCENTIVES The other item raised by Mr. Janonis was attendance at the January 11 Committee of the Whole meeting by Mr. Don Kane of Kane, McKenna and Associates to participate in the Board's discussion of Business Assistance Programs. Mr. Janonis explained that while Mr. Kane clearly represented the interest of Target Stores, he had also worked for various local municipalities on this issue and might be able to provide general information and assist the Board in framing the issues for discussion. It was the general consensus of Board members that Mr. Kane's participation in the policy discussion might prove to be helpful. Trustee Wilks asked staff to attempt to identify an additional qualified individual who might be willing to speak to the Board regarding the downside of granting incentives to businesses. ADJOURN ADJOURN Mayor Farley adjourned the meeting at 11:10 P.M. Carol A. Fields Village Clerk Page 6 - January 4, 1994