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Home My WebLink About01/18/2011 VB MinutesMINUTES OF THE REGULAR MEETING OF THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT January 18, 2011 CALL TO ORDER Mayor Pro Tern Polit called the meeting to order at 7:05 p.m. ROLL CALL Present: Mayor Pro Tern Steve Polit Trustee Paul Hoefert Trustee Arlene Juracek Trustee John Korn Trustee John Matuszak Trustee Michael Zadel Absent: Mayor Irvana Wilks PLEDGE PLEDGE OF ALLEGIANCE Trustee Matuszak led the Pledge of Allegiance. INVOCATION INVOCATION Trustee Juracek gave the Invocation. MINUTES APPROVAL OF MINUTES Trustee Hoefert, seconded by Trustee Zadel, moved to approve the minutes of the regular Village Board meeting held January 4, 2011. Upon roll call: Ayes: Hoefert, Juracek, Korn, Matuszak, Zadel Nays: None Motion carried. APPROVE BILLS APPROVE BILLS Mayor Pro Tern Polit stated the next item on the agenda, "APPROVE BILLS" was noted by an asterisk, and unless there was a request to remove an item(s), all items further listed in that manner would be considered with one (1) vote, as business item "IX. CONSENT AGENDA." ►�iI_ \'N] :7�y:7 li]:i ►iI_ \'[ ] :4 M:7 =1:101 :41 There were no items or appointments under the Mayor's report. APPOINTMENTS COMMUNICATIONS AND PETITIONS — CITIZENS TO BE HEARD CITIZENS TO BE Mr. Richard Valentino HEARD 14 West Busse Avenue Mr. Richard Valentino addressed the Village Board regarding the request for Fagade Rebate Reimbursement for Ye Olde Town Inn Restaurant, 6 -18 West Busse Avenue. Mr. Valentino stated that as required by the Fagade Rebate program guidelines and at the direction of the Village Board, Mr. Tod Curtis, owner of Ye Olde Town Inn Restaurant recently submitted a business plan for the property. Mr. Valentino also noted that Mr. Curtis' most recent request for reimbursement was for $20,000; reduced from $40,000 in his original application for reimbursement. Mr. Valentino indicated that in contrast to the opinion of Mr. Everett Hill, Village Attorney, Mr. Curtis does not have plans, in the foreseeable future, to redevelop his property; Mr. Curtis has not submitted redevelopment plans to the Village. Village Board Comments ■ Mr. Curtis' business plan did not comply with Village Board request to include business plan time frame. Minutes of the Regular Meeting of the Page 1 of 5 Mayor and Board of Trustees January 18, 2011 of the Village of Mount Prospect Letter from Mr. Curtis indirect — no concrete statement regarding business plan nor time frame relative to a business plan. In reference to Mr. Valentino's example of the Perfect Petal receiving Fagade Reimbursement funds; Perfect Petal received TIF relocation funds not Fagade Reimbursement funds. Fagade money not knowingly given to business with intention to tear down. Mr. Valentino responded that for the record he believes the letter clearly identifies Mr. Curtis' business plan with associated time frame for the property; no redevelopment in the foreseeable future; paying his taxes and being a good neighbor. However, Mr. Valentino indicated a business plan to include a defined time frame would be forthcoming. CONSENT AGENDA CONSENT AGENDA Trustee Zadel, seconded by Trustee Juracek, moved to approve the following business items: APPROVE BILLS 1. Bills dated January 1 to January 12, 2011. 2. A RESOLUTION IN LIEU FO A SURETY BOND IN ORDER TO PERFORM RES 02 -11 SPECIFIC CONSTRUCTION WORK WITHIN STATE OF ILLINOIS RIGHTS - OF -WAY Upon roll call: Ayes: Hoefert, Juracek, Korn, Matuszak, Zadel Nays: None Motion carried. OLD BUSINESS OLD BUSINESS Mayor Pro Tern Polit presented for a first (1 s ) reading an ordinance amending Chapter 23, Article I of the Village Code of Mount Prospect regarding Firearms and Dangerous Facsimile Weapons. This ordinance Section 23.109 of Chapter 23, Article I to define "dangerous weapons" to include crossbows and other weapons, and to restrict their possession and discharge in the Village. (Deferral of this ordinance from the December 21, 2010 Village Board meeting to the January 18, 2011 Village Board meeting was approved by a 5 -0 vote.) Village Manager Michael Janonis provided background information stating Police Chief John Dahlberg had expressed concern about recent requests to use crossbows in the Village and the dangers associated with such use. While the Village Code currently prohibits the discharge of firearms and air guns, it does not address compound bows or dangerous weapons. The proposed ordinance will amend the Village Code to include crossbows and other weapons and to restrict their possession and discharge in the Village. Subsection G. of the amended Section 23.109 has also been revised to exempt the discharge of firearms or dangerous weapons on a rifle range or pistol range designed for such use and approved by the Village or another governmental entity, and the use of archery equipment as part of a program presented by any government entity. Trustee Hoefert, seconded by Trustee Zadel, moved to waive the rule requiring two (2) readings of an ordinance: Upon roll call: Ayes: Hoefert, Juracek, Korn, Matuszak, Zadel Nays: None Motion carried. Village Board Comments: • Concerns with Subsection B of Section 23.109; use or possession of dangerous weapons /firearms by persons under the age of 18. • Need to consider unintended consequences if language in Subsection B is removed. • Proposed ordinance intended to address the immediate need to include crossbows as dangerous weapons and incorporate the necessary restrictions. • Support additional review of Section 23.109 of the Village Code; important to get crossbows into the code now; continue review of this section at later date. Minutes of the Regular Meeting of the Page 2 of 5 Mayor and Board of Trustees January 18, 2011 of the Village of Mount Prospect The general consensus of the Village Board was to move forward with the proposed ordinance and revisit Subsection 23.109 for further revision at a later date. Trustee Hoefert, seconded Trustee Juracek, moved for approval of Ordinance No.5830: AN ORDINANCE AMENDING CHAPTER 23, ARTICLE I OF THE ORD 5830 VILLAGE CODE OF MOUNT PROSPECT REGARDING FIREARMS AND DANGEROUS OR FACISMILE WEAPONS Upon roll call: Ayes: Hoefert, Juracek, Korn, Matuszak, Zadel Nays: None Motion carried NEW BUSINESS NEW BUSINESS Mayor Pro Tern Polit presented a resolution authorizing the voluntary withdrawal of the Village of Mount Prospect from the Intergovernmental Agreement Establishng the WITHDRAWAL Northern Illinois Natural Gas Franchise Consortium. FROM INTERGOVT AGREEMENT; Assistant Village Manager Dave Strahl provided background information and staff NORTHERN IL recommendation for withdrawal. NATURAL GAS FRANCHISE In an effort to produce a model franchise agreement the Village could use when its CONSORTIUM franchise agreement expires with NICOR in 2018, the Village entered into the Intergovernmental Agreement to participate in the consortium. In 2008 the Village contributed $500.00 for start -up fees and an additional $2800.00 in 2010. The consortium is now requesting a pro -rata share from the 59 participating communities including Mount Prospect for additional $6079.00. While a number of "negotiation sessions" have occurred with NICOR and a legal firm specializing in utility franchise agreements, NICOR has refused to discuss a renewal of the franchise agreements during these sessions. NICOR appears to have taken the position that having a model franchise agreement municipalities could use to make a more efficient renewal process is not viable. Hence, negotiations remain deadlocked with no end in sight. Due to the apparent "deadlock" in negotiations and the potential for future assessements with questionable benefit, staff recommend withdrawal from the consortium to avoid payment of the pro -rata share of $6079 and other future assessments. Assistant Village Manager Strahl provided the following in response to questions from the Village Board: • Model agreements are nothing new — typically not difficult to develop /work with other organizations. • The Village of Mount Prospect has a good working relationship with NICOR. Village Board Comments • Surprised at NICOR's response - may be due to recent announcement of sale /pending sale of the utility. • Pointless to spend more money; several more years to go — point of diminishting returns. • Request for Village Attorney to research ability to use Most Favored Nation; potential benefit to Village. Trustee Zadel, seconded by Trustee Juracek, moved to approve Resolution No. 03 -11 A RESOLUTION AUTHORIZING THE VOLUNTARY WITHDRAWAL OF THE RES 03 -11 VILLAGE OF MOUNT PROSPECT FROM THE INTERGOVERNMENTAL AGREEMENT ESTABLISHING THE NORTHERN ILLINIOS NATURAL GAS FRANCHISE AGREEMENT Minutes of the Regular Meeting of the Page 3 of 5 Mayor and Board of Trustees January 18, 2011 of the Village of Mount Prospect Upon roll call: Ayes: Hoefert, Juracek, Korn, Matuszak, Zadel Nays: None Motion carried MANAGER'S VILLAGE MANAGER'S REPORT REPORT Village Manager Janonis stated the Public Works Department was requesting approval to accept bid for parkway tree trimming. TREE TRIMMNG Public Works Forestry and Grounds Superintendent Sandy Clark presented background CONTRACT information and staff recommendation. The bid specifications requested pricing for (1) trimming trees in areas due for routine pruning on the Village's five (5) year cycle- 3,976 trees and (2) emergency tree work in the event of a major storm. There was also a provision which would allow for a second (2 nd ) year extension of the contract at the same prices if both the contractor and Village agree. Staff recommend approval of a possible two -year contract to the lowest qualified bidder, Powell Tree Care, Inc, in an amount not to exceed $160,600.00 Trustee Hoefert, seconded by Trustee Zadel, moved to approve request to award contract for tree trimming to Powell Tree Care in an amount not to exceed $160,600.00 VB APPROVAL 01 -11 Upon roll call: Ayes: Hoefert, Juracek, Korn, Matuszak, Zadel Nays: None Motion carried. Village Manager Janonis announced the following community event: ■ Celestial Celebration — Recognition of Shining Stars February 5th OTHER BUSINESS OTHER BUSINESS None. CLOSED SESSION CLOSED SESSION Mayor Pro Tern Polit asked for a motion to enter Closed to discuss: DISPOSE OF LAND 5 ILCS 120/2 (c) (6) - The setting of a price for sale or lease of property owned by the public body. LITIGATION 5 ILCS 120/2 (c) (11) - Litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting. PERSONNEL 5 ILCS 120/2 (c) (2) - Collective negotiating matters between the public body and its employees or their representatives, or deliberations concerning salary schedules for one or more classes or employees. Trustee Zadel, seconded by Trustee Juracek, moved to meet in Closed Session to discuss DISPOSE OF LAND 5 ILCS 120/2 (c) (6); LITIGATION 5 ILCS 120/2 (c) (11) and PERSONNEL 5 ILCS 120/2 (c) (2). Upon roll call: Ayes: Hoefert, Juracek, Korn, Matuszak, Zadel Nays: None Motion carried. The Village Board entered Closed Session at 7:53 p.m. Minutes of the Regular Meeting of the Page 4 of 5 Mayor and Board of Trustees January 18, 2011 of the Village of Mount Prospect ADJOURN ADJOURN The Village reconvened in Open Session at 8:55 p.m.; there being no further business to discuss the January 18, 2011 Village Board meeting adjourned at 8:56 p.m. M. Lisa Angell Village Clerk Minutes of the Regular Meeting of the Page 5 of 5 Mayor and Board of Trustees January 18, 2011 of the Village of Mount Prospect