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HomeMy WebLinkAbout03/17/1992 VB minutes MINUTES OF THE REGULAR MEETING OF THE MAYOR ]~ID BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT MARCH 17v 1992 CALL TO ORDER CALL TO ORDER Mayor Farley called the meeting to order at 8:30 P.M. ROLL CALL Present upon roll call: Mayor Gerald Farley Trustee Mark Busse Trustee Timothy Corcoran - arrived late Trustee George Clowes Trustee Leo Floros Trustee Paul Moefert Trustee Irvana Wilks INVOCATION The invocation was given by Trustee Busse. INVOCATION APPROVAL OF MINUTES Trustee Wilks, seconded by Trustee Hoefert, APPROVE moved to approve the minutes of the Regular Meeting MINUTES of the Mayor and Board of Trustees held March 3, 1992. Upon roll call: Ayes: Busse, Clowes, Floros, Hoefert, Wilks Nays: None Motion carried. APPROVAL OF BILLS Trustee Floros, seconded by Trustee Noefert, APPROVE BIT3R moved to approve the following list of bills: General Fund $ 637,233 'Refusal Disposal Fund 7,641 Motor Fuel Tax Fund 26,122 Community Development Block Grant Fund 9,291 Illinois Municipal Retirement Fund 72,169 Waterworks & Sewerage Fund 451,753 Parking System Revenue Fund 4,741 Risk Management Fund 77,316 Vehicle Replacement Fund Motor Equipment Pool Fund Capital Improvement, Repl. or Rep. 21,160 Downtown Redev. Const. Fund 1,630 Fire & Police Building Const. 208,834 Flood Control Revenue Fund 83,807 Corporate Purpose Improvement 1990 Debt Service Funds - Flexcomp Trust Fund 10,966 Escrow Deposit Fund 24,054 Police Pension Fund - Firemen's Pension Fund - Benefit Trust Fund 2,167 $1,638,884 Upon roll call: Ayes: Busse, Clowes, Floros, Hoefert, Wilks Nays: None Motion carried. Trustee Floros, seconded by Trustee Busse. moved to FINANCIAL accept the financial report dated February 29, 1992 REPORT subject to audit. Upon roll call: Ayes: Busse, Clowes, Floros, Moefert, Wilks Nays: None Motion carried. COMMUNICATIONS ~ PETITIONS, CITIZENS TO BE HEARD COMPLAINT: A resident of Prospect Heights who recently purchased REAL ESTATE a townhouse in Mount Prospect, complained about having TRANSFER TAX to pay a 3% real estate transfer tax and asked the purpose of the tax. Trustee Corcoran arrived at this point. MAYORmS REPORT PRESENTATION: Mayor Farley presented David Jepson, Finance Director, with the Certificate of Financial Excellence awarded by the Government Finance Officers Association. OLD BUSINESS AMEND ORD. 4281 An Ordinance was presented for first reading that would 215 E. PROSPECT amend Ordinance No. 4281, pertaining to property AVENUE located at 215 East Prospect Avenue, by extending the effective date for one additional year. It was noted that the Petitioner will have all the necessary documents and drawings in order to apply for building permits for the proposed addition to this commercial establishment within 6 months. Trustee Clowes, seconded by Trustee Hoefert, moved to waive the rule requiring two readings of an Ordinance. Upon roll call: Ayes: Busse, Clowes, Corcoran, Floros, Hoefert, Wilks Nays: None __ Motion carried. ORD.NO. 4407 Trustee Clowes, seconded by Trustee Hoefert, moved for passage of Ordinance No. 4407. AM ORDINANCE EXTENDING ORDINANCE NO. 4281 PERTAINING TO PROPERTY LOCATED AT 215 EAST PROSPECT AVENUE Upon roll call: Ayes: Busse, Clowes, Corcoran, Floros, Hoefert, Wilks Nays: None Motion carried. SWANCC An Ordinance was presented for second reading that would approve and authorize the execution of a Project Use Agreement with SWANCC (Solid Waste Agency of Northern Cook County). Several residents and interested parties expressed their opposition to the Village's commitment to membership in SWANCC. ORD.NO. 4408 Trustee Floros, seconded by Trustee Corcoran, moved for passage of Ordinance No. 4408 AN ORDINANCE APPROVING AND AUTHORIZING EXECUTION OF A PROJECT USE AGREEMENT (SWANCC) Upon roll call: Ayes: Busse, Corcoran, Floros, Hoefert, Wilks Nays: Clowes Motion carried. Page 2 - March 17, 1992 An Ordinance was presented for second reading that SWANCC would create a Municipal Waste System (SWANCC). Several residents and interested parties expressed opposition to the proposed Ordinance and transfer site in unincorporated Wheeling Township. Trustee Wilks suggested an Advisory Committee be established to oversee the operations of the transfer site to guarantee the quality of well water in that area and to monitor the property values in that area. Trustee Busse, seconded by Trustee Floros, moved for ORD.NO.4409 · passage of Ordinance No. 4409 AN ORDINANCE CREATING A MUNICIPAL WASTE SYSTEM (SWANCC) Upon roll call: Ayes: Busse, Corcoran, Floros, Hoefert, Wilks Nays: Clowes Motion carried. ZBA 8-V-92, 2005 East Euclid Avenue ZBA 8-V-92 The Petitioner is requesting a variation to allow 2005 EUCLID an accessory storage shed 216 square feet in size, rather than the permitted 120 square feet, which shed will have a height of 11.5 feet, rather than the permitted 10 feet. The Zoning Board of Appeals recommended granting this request by a vote of 6-0. Trustee BUsse, seconded by Trustee Floros, moved to concur with the recommendations of the Zoning Board of Appeals and grant the variations in ZBA 8-V-92. Upon roll call: Ayes: Busse, Clowes, Corcoran, Floros, Hoefert, Wilks Nays: None Motion carried. An Ordinance will be presented for first reading on April 7th. ZBA 9-Z-92, 2320 West Lincoln Street ZBA 9-Z-92 The Petitioner is requesting rezoning from R-X, 2320 LINCOLN granted upon annexation, to R-1 (Single Family Residence District) in order to permit a 3 lot single family home subdivision. The Zoning Board of Appeals recommended granting this request by a vote of 6-0. It was noted that there is an existing home on the subject .property, which will be demolished therefore permitting the creation of 3 lots, all meeting Village regulations, when 3 single family homes will be constructed. Trustee Clowes, seconded by Trustee Hoefert, moved to concur with the recommendation of the Zoning Board of Appeals and grant the request in ZBA 9-Z-92. Upon roll call: Ayes: Busse, Clowes, Corcoran, Floros, Hoefert, Wilks Nays: None Motion carried. Page 3 - March 17, 1992 An Ordinance will be presented April 7th for first reading. MODIFICATIONS In conjunction with the creation of the 3 lot FROM DEVELOPMENT subdivision being created (as noted above) at 2320 CODE: West Lincoln Street, the Petitioner submitted the 2320 W.LINCOLN following requests: To waive the requirement to install storm sewers at the time the development is completed; To permit a cash deposit to guarantee installation of street improvements at a future date; To defer installation of sidewalks; and To permit a Restrictive Covenant guaranteeing installation of street lights at a date to be determined by the Village. The Plan Commission recommended 6-0 to grant the requests, with the exception of deferring installation of sidewalks. The Plan Commission recommended sidewalks be installed at the time of construction. The Plan Commission also recommended a covenant for street light installation. There was discussion as to the effect of this development on drainage and whether the streets should be installed at this time. Staff stated that they would encourage installation of public improvements in conjunction with the development of this 3 lot subdivision. Residents expressed their concern that their property may receive additional storm water, since the grade of the subject property is lower that the surrounding property. The Village Engineer stated that development would eliminate the existing 'puddling' on the property and that neighbors would not be experience additional water. The Petitioner stated that this particular area does not have fully improved streets and while he is willing to install the streets, the pavement would end at the edge of the subdivision and the rest of the street would not be improved. The Petitioner expressed concern that if he is required to install the street, the residents of the proposed homes would probably have to pay for additional street improvements in the future, as he believed any street improvements done now would have to be removed or modified when the entire roadway is improved. A request was then presented to guarantee the residents would not be assessed for the roadway reconstruction on that portion of Helena Avenue for a period of 10 years. Trustee Hoefert, seconded by Trustee Corcoran, moved to waive the requirement to install storm sewers; to require the installation of sidewalks and all street improvements; to guarantee that the residents of these homes will not be assessed for reconstruction of that portion of Helena Avenue for a period of 10 years following Page 4 - March 17, 1992 acceptance by the Village; and, to permit a Restrictive Covenant guaranteeing installation of street lights at a future date. Upon roll call: Ayes: Busse, Clowes, Corcoran, Floros, Hoefert, Wilks Nays: None Motion carried. An Ordinance will be presented April 7th for first reading. ZBA 10-V-92, 507 Go Wando ZBA .10-V-92 The Petitioner is requesting a variation to allow 507 Go Wando a 14' 4" rear yard setback, rather than the required 25 feet in order to permit an addition to the home. The Zoning Board of Appeals recommended granting this request by a vote of 6~0. Trustee Wilks, seconded by Trustee Floro$, moved to concur with the recommendation of the Zoning Board of Appeals and grant the variation requested in ZBA 10-V-92. Upon roll call: Ayes: Busse, Clowes, Corcoran, Floros, Hoefert, Wilks Nays: None Motion carried. An Ordinance will be presented for first reading at the April 7th meeting of the Village Board. ZBA 11-V-92 and 12-SU-92, 401 Ojibwa Trail ZBA 11-V-92 & The Petitioner is requesting variations to allow ZBA 12-SU-92 a 28' 2" front yard, rather than the required 401 OJIBWA TR 40 feet; to allow a 34% lot coverage, rather than the permitted 25%, in order to construct an addition; to allow a circular driveway with a 34' width, rather the permitted 21 foot width; and, a Special Use to allow a garage designed to house more than two vehicles. The Zoning Board of Appeals recommended granting these requests by a voteof 6-0. Trustee Busse, seconded by Trustee Floros, moved to concur with the recommendation of the Zoning Board of Appeals and grant the requests in ZBA 11-V-92 and ZBA 12-SU-92. Upon roll call: Ayes: Busse, Clowes, Corcoran, Floros, Hoefert, Wilks Nays: None Motion carried. An Ordinance will be presented April 7th for first reading. An Ordinance was presented for first reading that SELL would authorize the sale of 5 SCBA's and 10 spare PERSONAL tanks no longer useful or necessary to the Village. AIR TANKS Trustee Corcoran, seconded by Trustee Wilks, moved to waive th~ rule requiring two readings of an Ordinance. Upon roll call: Ayes: Busse, Clowes, Corcoran, Floros, Hoefert, Wilks Nays: None Motion carried. Page 5 - March 17, 1992 ORD.NO. 4110 Trustee Corcoran, seconded by Trustee Wilks, moved for passage of Ordinance No. 4110. AN ORDINANCE AUTHORIZING THE SALE OF PERSONAL PROPERTY OWNED BY THE VILLAGE~F MOUNT PROSPECT Upon roll call: Ayes: Busse, Clowes, Corcoran, Floros, Hoefert, Wilks Nays: None .Motion carried. MFT FUNDS A Resolution was presented that would authorize the appropriation of Motor Fuel Tax Funds in the amount of $920,000 to be used for general maintenance projects in 1992. RES.NO. 8-92 Trustee Wilks, seconded by Tzn/stee Busse, moved for passage of Resolution No. 8-92. A RESOLUTION APPROPRIATING MOTOR FUEL TAX FUNDS Upon roll call: Ayes: Busse, Clowes, Corcoran, Floros, Hoefert, Wilks Nays: None Motion carried. VILLAGE I,I~q~GER~8 I~EPORT APPEAL The Appeal from the Village Manager John Fulton EVOCATION OF Dixon's decision to revoke the business license issued BUSINESS LICENSE to the Sports Health Spa, 1657 South Busse Road, due toalleged misconduct, was continued to the Committee of the Whole Meeting on March 24th. NTN BEARING: A request was presented to ratify the action of the LOCATION OF Village Manager and grant a field change to permit two SIGNS free standing signs, 7' 8" in height, to be located on the subject property, 1600 Bishop Court. The Village Manager explaced tha this request is now being processed as a field change becuase the matter of signs does not alter the concept of the original Planned Unit Development. the Village Manager stated that an amending Ordinance is not necessary for this type of change in a PUD. The Village Board discussed the matter and questioned if the matter was best handled as a field change or an amendment and if the Zoning Board of Appeals should have made the initial recommendation rather than the Sign Review Board. The Board gnerally discussed the matter of signs on berms and the circumstances of this matter. Peter Lannon and Ron Cassidy, members.of the Zoning Board of Appeals, expressed confusion over the method, Ordinance or field change, to allow these signs. They also stated that since this is a PUD that possibly the request should have been an amendment to the PUD which would require a Public Hearing before the Zoning Board of Appeals. Page 6 - March 17, 1992 Richard Hendricks, 1537 East Emmerson, expressed his opposition to allowing the signs on the ~erm. Trustee Hoefert, seconded Trustee Floros, moved to ratify the action of the Village Manager and grant a field change to allow NTN Bearing, 1660 Bishop Court, two free-standing signs on the subject property. Upon roll call: Ayes: Floros, Hoefert Nays: Busse, Clowes, Corcoran, Wilks Motion failed. Trustee Wilks suggested the Village pay the expense of removing the existing signs as well as the cost of relocation. Trustee Wilks, seconded by Trustee Clowes, moved to pay for the removal and relocation of the NTN Bearing signs. Upon roll call: Ayes: Busse, Clowes, Wilks Nays: Corcoran, Floros, Hoefert, Farley Motion failed. David Freidman, attorney for NTN Bearing, stated that his client feels they are within their rights to have the signs and that they do not intend to remove the signs. A request was presented to waive the bidding procedure' WAIVE and authorize the purchase of two 1992 Chevrolet Blazer BIDS: 4-door 4 x 4 utility vehicles at a cost of $34,200 as PURCHASE well as the cost to detail and convert the vehicles for 2 CHEVROLET use by the community Service Officers at a cost of BLAZERS - $2,800 for a total of $37,000. POLICE DEPT. It was noted that these vehicles would replace existing station wagons, each of which has over excess of 60,000 miles, which were scheduled for replacement this year. Trustees expressed concerns that Blazers could not be used as full service vehicles and that the existing vehicles should be to maintained in order to give additional years of service. Trustee Clowes, seconded by Trustee Busse, moved to waive the bidding procedure and. authorize the purchase and conversion of two Chevrolet Blazers for the Police Department at a cost not to exceed $37,000. Upon roll call: Ayes: Busse, Clowes, Corcoran, Wilks Nays: Floros, Hoefert Motion carried. It was announced that the results of the referendum CITIZENS question as to whether the Village should purchase UTILITIES the Citizens Utilities Water Company were received. PURCHASE The results of the Mount Prospect voters are as REFERENDUM follows: RESULTS Yes 1,028 No 1,787 Page 7 - March 17, 1992 since this question was defeated, members of the Board expressed interest in the possibility of placing the question on the ballot for the November election. A Resolution declaring the results of this Referendum' question will be presented April 7th. For general information, Village Manager Dixon informed the Village Board that a spring clean up will take place May 4 - 8, at which time residents may place unlimited amounts of garbage for pick up by the Village's scavenger service. EXECUTIVE SESSION Mayor Farley stated that due to the late hour, the Board would not go into Executive Session in order to review and determine if minutes of previous Executive Session can be released. ADJOURN ADJOURNMENT Mayor Farley adjourned this meeting to March 23, 1992 at 7:00 P.M. at which time the Board will consider the appeal from the Village Manager's decision to revoke the Sports Health Spa business license. The meeting was adjourned at 12:15 AM. Carol A. Fields Village Clerk Page 8 - March 17, 1992 ADDENDUM TO MINUTES OF THE REGUL~RMEETING OF THE MAYOR i~ND BO~%RD OF TRUSTEES MARCH 17~ 1992 Trustee Clowes questioned the credibility of the private sector tipping fees projected by SWANCC. He said that using average tipping fees produced private sector rates that were lower than SWANCC's. He pointed out that Gallatin Nationals had proposed handling Mount Prospect' garbage for $45-$55/ton, including baling, transportation and tipping fees. Mr. William Abolt said that SWANCC's projections were conservative and that Peat Marwick had provide an independent analysis of rates. Trustee Hoefert said that Gallatin's proposal was very vague and asked what would happen if Mount Prospect relied on the private sector. Mr. Abolt agreed that the proposal was vague and said that Gallatin would add $17-$18 million to SWANCC's projected costs. Mr. Douglas Keats of Gallatin National said that Trustee Clowes' comments about Gallatin's costs were correct and questioned Mr. Abolt's comments about Gallatin. Trustee Corcoran said that he had asked for a 20 year price from Gallatin and had not received it. Trustee Clowes stated that SWANCC's reason for being was their claim that private section landfill capacity would not be available. Since companies like Gallatin were making new landfill capacity available he saw no 'reason to make SWANCC an operational agency. Mr. Richard Hendricks provided information on the baling facility in Iron Mountain, Michigan. Mr. Howie Sadler stated that SWANCC was not needed and said he had yet to hear of a government agency that could beat the private sector. Trustee Floros said that SWANCC was not foisted on us; we create it. Trustee Corcoran stated that any new landfill will be expensive because of new IEPA regulations. He said that since SWANCC could get lower interest rates than the private sector and had no profit motive, this would leave more money in taxpayers' pockets. He said that we owed SWANCC over $1 million and that Gallatin's prices were already at SWANCC's projected level. Trustee HQefert said that SWANCC is an insurance policy for the future and that waste disposal was the only piece of municipal services that Mount Prospect didn't already provide. Trustee Clowes said that there was no landfill crisis and no market failure in solid waste. He said SWANCC was created to provide landfill space and yet still didn't have a permitted landfill. He said if the Bartlett balefill is not approved, we would have SWANCC operating transfer stations and shipping our solid waste to private sector landfills like Gallatin.