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HomeMy WebLinkAboutCOW Agenda Packet 06/11/2002Meeting Location: Mount Prospect Senior Center 50 South Emerson Street COMMITTEE OF THE WHOLE AGENDA Meeting Date and Time: Tuesday, June 11, 2002 7:00 p.m. I. CALL TO ORDER - ROLL CALL Mayor Gerald L. Farley Trustee Timothy Corcoran Trustee Michaele Skowron Trustee Paul Hoefert Trustee Irvana Wilks Trustee Richard Lohrstorfer Trustee Michael Zadel II. ACCEPTANCE OF REVISED MINUTES OF COMMITTEE OF THE WHOLE MEETING OF MARCH 26, 2002 ACCEPTANCE OF MINUTES OF COMMITTEE OF THE WHOLE MEETING OF MAY 14, 2002 III. CITIZENS TO BE HEARD IV. COMPREHENSIVE CITIZEN SURVEYWORKPLAN REVIEW The idea of a comprehensive citizen survey process was originally discussed at the February 13, 2001 Committee of the Whole meeting. Staff developed an RFP for services to compose a multi year survey plan, and in February 2002, the Village Board approved a contract with Metro Chicago Information Center (MCIC) to develop such a plan. Staff felt that it was important to develop a solid plan for the surveying effort, especially for budgeting purposes. This will give us an opportunity to begin surveying on a consistent basis in order to develop benchmarks and establish trends. It will also allow us to identify problems, and through surveying we should be able to tell over time if our solutions are working. MCIC has been conducting research since February. Their research has consisted of three main elements: analysis of secondary data, key informant interviews and focus groups. The secondary data included Census data, home lending practices (Home Mortgage Disclosure Act), and previous studies or surveys of Mount Prospect and neighboring communities. In addition, MClC conducted six key informant interviews with community leaders. Finally, two focus groups were convened. The first group consisted of new residents, who had lived in the village for less than five years. The second group was comprised of long-term residents, who had lived in Mount Prospect for more than five years. Overall, the response from both the key informant interviews and the focus groups was quite positive. People were very satisfied with their lives in the Village, however, they also had very high expectations in terms of service and leadership from Village staff and the Village Board. NOTE: ANY INDIVIDUAL WHO WOULD LIKE TO ATTEND THIS MEETING BUT BECAUSE OF A DISABILITY NEEDS SOME ACCOMMODATION TO PARTICIPATE, SHOULD CONTACT THE VILLAGE MANAGER'S OFFICE AT I00 SOUTH EMERSON, MOUNT PROSPECT, ILLINOIS 60056, 847/392-6000, EXTENSION 5327, TDD #847/392-6064. In the attached executive summary, MCIC presents their preliminary findings based on their research and study from these three research methods. Also included in the report are recommendations for future survey development. MCIC will elaborate on their findings in an oral presentation. Staff is seeking direction from the Village Board on how to proceed with the survey plan. If the Village Board does decide to enact a survey plan, funding for conducting the surveys will have to be included in future budgets, beginning with fiscal year 2003. Public Information Officer Maura Jandds and MCIC staff will be present to answer questions and facilitate discussion on this topic. NATURAL GAS USE TAX COLLECTION AGREEMENT Article XVI of the Mount Prospect Village Code provides for a utility tax on natural gas. The current rate is 3.204% with 60% going to the General Fund and 40% going to the Street Improvement Fund. The utility tax is assessed against the gas company, which passes the tax on to its customers. The Village collects approximately $400,000 per year from this ta~ In July of 1998 the Village established a natural gas use tax to be assessed against any consumer of natural gas that is not paying the utility tax. The tax rate is currently $0.0147 per therm. The use tax was imposed because of deregulation and the fact the utility tax could not be assessed against natural gas providers domiciled outside the State of Illinois. To date, the Village has not received any proceeds from the use ta)~ When the Village established the use tax in 1998 the only customers able to purchase natural gas from companies other than NICOR were commercial and industrial customers. However, NICOR has recently begun to actively market their "Customer Select" program which allows all customers, residential and commercial, to choose between several natural gas providers. Residential customers can choose between five different providers and commercial and industrial customers can choose between eight providers. Approximatelyone-half of the providers are outside of Illinois and therefore not subject to the utilitytax. The reason the Village has not received any use tax proceeds to date is because NICOR was not willing to enter into use tax collection agreements with municipalities and it was impractical for local governments to try and collect the tax directly from the customer. Now that residential customers are being offered the choice of natural gas provider, and there is bound to be a large number of customers choosing other providers, NICOR is willing to enter into agreements to collect the tax from customers that they will be billing for the transportation-only charges. Obviously, this creates more of a level playing field between the gas companies, taking away the ability of one or more companies to market their gas on a "taxexempt" basis. Attached is a draft agreement forwarded to us by N ICOR that would allow them to collect our use tax from their transportation-only customers who are not subject to the utility tax. This collection agreement would only apply to situations where NICOR is involved in the billing for transportation charges. In cases where another provider bills the customer for both the natural gas and NICOR's transportation charge, NICOR would obviously not be able to collect the use tax In cases where N ICOR does not do any billing, the Village can ask the other provider to collect the use tax, but there is nothing requiring the company to do so. The draft agreement has been reviewed by the Village Attorney. His comments are attached to this memorandum. Considering the significant revenue stream generated bythis tax, it would be in the Village's best interest to take those steps necessary to minimize the negative effects of deregulation. Staff recommends entering into the Collection Agreement v~th Nicor. Appropriate staff will be on hand to answer questions and facilitate discussion. VI. NEW LIQUOR LICENSE CLASSIFICATION VII, VIII. IX. The Mayor, as Liquor Control Commissioner, recently received a request from the Country Inns and Suites Hotel, located on South EImhurst Road, to consider the creation of a Liquor License Classification that would permit hotels/motels to maintain a hospitalityroom where beer and wine could be served on a complimentary basis within a very restricted timeframe. Our research determined that at least two neighboring communities have such License classifications. According to Country Inn and Suites' management, their hotels located in these municipaiities are experiencing a greater level of occupancy. The Mayor, based on consultation with the Village Attorney and the Village Manager, has determined that such a classification would not be contrary to the Village's over all philosophy and policies regarding Liquor Licenses. The new Class (MH) License would be very restrictive in its reach. The attached memorandum from Village Attorney Everette Hill outlines those restrictions and also includes proposed wording that would be included in the Village Code. This item is brought forth for Village Board consideration and discussion. If considered favorably, an appropriate Ordinance would be brought forward at an upcoming Village Board meeting. VILLAGE MANAGER'S REPORT ANY OTHER BUSINESS ADJOURNMENT CLOSED SESSION LAND ACQUISITION 5 ILCS 120/2 (c) (5). "The purchase or lease of real property for the use of the public body." II. III. IV. REVISED 41t 9~02 MINUTES COMMITTEE OF THE WHOLE MARCH 26, 2002 CALL TO ORDER The meeting was called to order at 7:03 p.m. by Mayor Gerald Farley. Present at the meeting were: Trustees Timothy Corcoran, Paul Hoefert, Richard Lohrstorfer, Michaele Skowron, Irvana Wilks and Michael Zadel. Staff members present included Village Manager Michael Janonis, Assistant Village Manager David Strahl, Public Works Director Glen Andler, Finance Director Doug EIIsworth and MIS Coordinator Joan Middleton. APPROVAL OFMINUTES Approval of minutes from March 12, 2002. Motion was made by Trustee Hoefert and Seconded by Trustee Corcoran to accept the Minutes. Minutes were approved. Trustee Wilks abstained. CITIZENS TO BE HEARD None. VILLAGE HALL PLAN UPDATE Village Manager Janonis stated that the staff and DLK have been working diligently on space allocation n.~.epds and parking deck options. He stated that there are ongoing discussions regarding the use of the Library property for the proposed parking deck along with discussions for joint utilization of the parking deck to enhance the programs at the Village Hall and the Library. He stated the original budget for the Village Hall was $6.5 million which assumed a 35,000 square foot building and a 400 car parking deck at $5.5 million. The estimates that are very preliminary at this point have the Village at approximately 47,000 square feet and $1.6 million over original estimate. The driving fome behind this difference is the inclusion of an unfinished basement and an additional 12,000 square feet. The parking deck is estimated at 386 cars with a cost of $7.7 million due to a higher square foot cost. The major cost issues regarding the parking deck is whether the deck has *underground parking and the likely ramp connection to the Library's underground parking. He would anticipate further discussion between staff and the architect to address this budget differential, however, there 'will likely need to be some Village Board direction and recommended priorities to assist staff in addressing the budget issues. Assistant Village Manager Strahl stated that the plans have progressed through several revisions and he highlighted the changes to the preliminary plans in an attempt to reduce square footage. He also commented that the public areas for circulation and basement are still included and have generated additional square footage that was not initially anticipated in staff estimates. When the staff estimates were drafted, the programmed space estimates were increased by 25% to assume the circulation space need. He stated that additional review is ongoing in an attempt to reduce some square footage but the likelihood of significant footprint changes will not likely make significant budgetary impacts on the cost. He also stated that the different options of the parking deck scheme include several different options for connecting to the lower level of the Library and the discussion ~vith the Village and the Library regarding the preferred connection' has not yet taken place. He stated the projected configurations of the parking deck do include money for architectural enhancements to the deck but until more detailed design is developed, there is no way to project a realistic final cost. Community Development Director Cooney outlined the parking needs for the Library expansion, the new Village Hall and the assumption of incorporating in the Bank One remote parking lot. He estimates that between the Village Hall and the Library, the minimum amount of parking necessary to meet Code is 244 spaces. If the remote lot is incorporated, that would generate an additional 100 spaces. These estimates were assumed early on in an attempt to open up redevelopment opportunities at'the remote parking lot. General comments from Village Board members included the following items: There was discussion regarding the overlapping parking needs of the Library, Village Hall and Bank based en the typical business usage times. There was also concern about the projected costs at this early stage. There'was a discussion regarding possible reorientation of the deck in relationshiP to Route 83. There was also discussion regarding the projected height of the deck and the impact of including the lower level parking on the projected budget amount. There was also a discussion regarding preliminary parking, cost estimates during the architect and construction manager interview process. Dave Olson, of WB Olson, spoke. He stated the projected cost per square foot does include some money for amhitectural enhancements but the ramp connection and the lower level options drive the overall square footage cost. Walter Feder, 30-year resident of Mount Prospect, spoke. He stated the Board needs to consider why people..'..come downtown in the first place and make parking convenient. He also suggested consideration of moving the Village Hall to the K-Mart site and a health center to the Library site. He also questioned whether the building supports in place at the Library could support the proposed expansion. He also suggested that the Village Hall and Library be considered for consolidation into a single building such as K-Mart. Village Manager Janonis commented that it was his understanding that the Library cannot take three floors of books but can handle two floors of books and one floor of office space if necessary. Laura Luteri, President of the Mount Prospect Public Library, spoke. She confirmed Manager Janonis' comments regarding the engineered loads the building is capable of. Consensus of the Village Board requested staff gather additional information regarding the Bank One parking needs as required by Code and review opportunities for redevelopment and potential expenses related to such redevelopment in order to consider whether a 307 or 384 space deck is best for this site. They also requested information regarding on- street parking as it exists today and possible future enhancements. Assistant Village Manager Strahl provided an overview of the preliminary plans for the Village Hall itself. He noted that there have-been at least three plans drawn and it continues to be a work in progress. He noted that there have been several changes to the plan in order to reduce space and noted that there are Senior Center activity rooms included in the plans. - Kevin Kemp of DLK provided an overview of the proposed footprint of Village Hall Plan C and pointed out the general public cimulafion areas. General comments from Village Board members included the following items: There was discussion regarding location and need of conference rooms within each Department. Th.ere was also discussion regarding operational needs of space for various tasks as .these reoms might be utilized during the normal course of business. There was also discussion regarding the proposed increased security throughout the building using the gatekeeper concept and conference rooms near public space .of the building. There was discussion regarding utilization of the unfinished basement and the cost impact of incorporating a basement into the plan. There was discussion regarding the staff oversight of the Senior Center activities with the separation of Human Services from the Senior Center's physical location. There were also several comments regarding the concern that the facility could be under built and this concern should be considered as the plan moves forward. 3 Ann Smilanic, member of the Village Hall Ad Hoc Committee, spoke. She questioned the configuration of the building as proposed and how after-hours public use would be incorporated without compromising building security. Jeff Bruner, member of the Village Hall Ad Hoc Committee, spoke. He suggested the utilization of modular offices instead of closed offices and stressed the need for conference rooms based on his preview of other Village Halls. He urged the Board to include the unfinished basement space and not to give up the community room. Carol Tortorello, member of the Village Hall Ad Hoc Committee, spoke. She stated that although there aro valid budget concerns, she is concemed that the building could be shortchanged and such an issue would be present indefinitely. She feels that the Police and Fire building was short of space and parking when it was built and there should be some consideration for reconfiguration of space depending on service needs. Virginia Tyler, t7 South William, spoke. She is concemed about the Senior Center plan and feels they could be improved to avoid people having to pass through other rooms to get to activities in other areas of the Senior Center. She also suggested some reconsideration of the location of the restrooms for the Senior Center and eliminate the proposed coatroom and expand the kitchen aroa into that coatroom. Mary Lynn Bower, member of the Village Hall Ad Hoc Committee, spoke. She suggested the Board consider eliminating the community center space altogether since many of the activities are focused on seniors and the various Park Districts are better equipped to serve those needs than adding this use to a Village Hall building. Ruth Haut, 400 East Berkshire, sPoke. She stated that she is a 45-year resident of the Village and wants to keep the Senior Center as part of the Village. She stated the seniors typically provide volunteers to assist the Village in various activities and expects such a relationship to continue in the future. Jackie Hinaber, member of the Mount Prospect Public Library Board and a member of the Village Hall Ad Hoc Committee, spoke. She would suggest considering the meeting space open for all community persons to use and not limit it to just seniors but allow any public purpose to take place in the space. Julie Markus, member of the Mount Prospect Youth Commission, spoke. She stated the youth would like to be involved and participate in the space .uses along with the seniors and would like to see the senior space continue to be included in the space plan. General comments from Village Board members included the following items: There was discussion regarding the modular office furniture options. There was also discussion regarding the maximum use of the building for all constituents to utilize the space. There was a comment made regarding including opportunities for future space and flexibility. A suggestion was made to trade off parking to get additional building space if necessary. There was discussion regarding the possible name for the community and/or senior space within the building or the area that is not programmed for general Village operational needs. Patti Walpole, member of the Mount Prospect Youth Commission, spoke. She stated that Youth Commission members have met with the Senior Advisory Council and are anticipating some dialogue with those representatives in an opportunity to determine if shared space opportunities exist. Virginia Tyler, 17 South William, spoke. She stated that it would be acceptable to name the space Senior/Community Center as long as the seniors were recognized in the name and came first. Laura Luteri, President of the Mount Prospect Public Library Board, spoke. She stated that she was impressed with the members of the Youth Commission's approach and the structure should be considered a Mount Prospect Village Complex for all to use. Dave Weysick, ¶t5 South George, spoke. He is concerned about building too much in the downtown and creating crowds and more cars .whereby the area would not be attractive for people to Utilize. Several Board members responded to his comments stating there is a desire to include some open space in the downtown area so that there is no overbuilding. Consensus of the Village Board was to direct staff to ;eview the plans further and schedule future workshops to go over additional details regarding the plans and possible cost reductions. INFORMATION TECHNOLOGY (IT) DIVISION CREATION Assistant Village Manager Strahl stated that this option has been in development for several months and there has been extensive research on the technoi0gy operations in other Departments. He also stated that the consideration for this creation is intended to address organizational needs and get away from' the decentralization of technology use among various Departments. He suggested that the Division be created beginning January t, 2003 with physical transition to the new space in the Village Hall coming once the structure is completed. He highlighted the transition plan taking several years so that as many issues can be worked out as the project progresses. VI. General comments from Village Board members included the following items: It was stated that this suggestion is in step with the market place, makes sense and acknowledges a more professional operation for technology. There was a comment made that Departments would be allowed to focus on their operation with technology issues being handled by professionals specifically trained to deal in such issues. There was some discussion regarding the feedback from the various Departments regarding the proposal that was included in the packet. There was also a discussion regarding the possible budget impact with the physical move of personnel. The comment was made that the Board should expect some higher costs during the transition period but those costs will stabilize once the physical moves and equipment consolidation takes place. Consensus of the Village Board was to support the creatiOn of the IT Division under general supervision of the Village Manager's Office. REVISIT FLOATING COFFEE WITH COUNCIL Trustee Wilks stated that· she sees there are three options available for consideration. Leave the Floating Coffee with Council as is whereby the meeting would initially convene at 9:00 a.m. at the Village Hall, recess at 10:15 a.m., and reconvene at 10:30 a.m. into a meeting at a remote location somewhere in the community. 2. Have all Coffee with Councils at Village Hall and do not move to a floating location. Have the Floating Coffee with Councils convene entirely at a remote site. Comments from Village Board members included the following items: It was noted that the Board is not getting the neighbors to attend the remote locations as had originally been intended. However, it was noted that when an issue is specific to an area of the community, the Board does go and make the meeting convenient for attendance for residents who could be .impacted by the issue in that area. There was a comment made that much of the attendance is based on citizen needs. A comment was made also that the location should be convenient for citizens to attend anytime they feel and the constant rotation is confusing. 6 II. VIII. IX. Village Board membem stated their preference as to changing the Coffee with Council so that all future Coffee with Councils would convene at the Village Hall and remain at the Village Hall; thereby, eliminating the floating Coffee with Council experiment. VILLAGE MANAGER'S REPORT None. ANY OTHER BUSINESS None. ADJOURNMENT The meeting adjourned at 10:02 p.m. .,...Respectfully submitted, .~/1 DAVID STRAHL ~ Assistant Village Manager 7 I1. III. IV. MINUTES COMMITTEE OF THE WHOLE MAY 14, 2002 CALL TO ORDER The meeting was called to order at 7:03 p.m. by Mayor Gerald Farley. Present at the meeting were: Trustees Timothy Corcoran, Paul Hoefert, Richard Lohrstorfer, Michaele Skowron, Irvana Wilks and Michael Zadel. Staff members present included Village Manager Michael Janonis, Assistant Village Manager David Strahl, Community Development Director William Cooney, Finance Director Doug EIIsworth and Public Works Director Glen Andler. APPROVAL OF MINUTES Approval of minutes from April 9, 2002. Motion made by Trustee Hoefert and seconded by Trustee Skowron. Minutes were approved. Trustees Lohrstorfer and Zadel abstained. CITIZENS TO BE HEARD None. FIRST QUARTER FINANCIAL REPORT Finance Director Doug EIIsworth provided a summary of revenue and expenditures to date for this current fiscal year. He stated that the revenue stream is such that it arrives at different times throughout the fiscal year so it is tough to estimate revenues this eady in the fiscal year since many arrive later on in the year. He stated that expenditures are easier to track during the first three months because they tend to be faidy stable throughout the year except for capital construction projects which happen during the construction season. He stated Property Tax receipts have dropped over time due to the numerous tax appeals that have been processed and approved. He stated that Sales Tax is not as far behind as previously estimated but still is lower than previous years. He stated at this point there is a still is a projection of a $640,000 General Fund deficit and would find it difficult to reinstate the Capital Improvement Fund transfer in 2003 with the current revenue scenario. He stated that rising Pension and Health Insurance costs will be an additional challenge for 2003. He stated that there still is a deficit projected for 2003 and stated that typical expenditures raise at a normal rate of 4%. With revenues being fiat, there is a need for approximately $1 million of n. ew money each year to balance the budget. VI. He stated that the initial projections of the General Fund do not include the transfer to the ClP for 2003 but there will be a need to address the CIP funding in the near future, STREETSCAPE UPDATE Community Development Director Bill Cooney provided a summary of the Streetscape progress throughout the downtown to date along with projected timeframes for other improvements in the downtown. General comments from Village Board members included the following items: There were significant positive comments regarding the appearance of the work in the downtown area as several Trustees relayed comments they have received from citizens as the projects start to take shape. There were also comments regarding the timing of the various work and the total time allotted for various improvements. Public Works Director Glen Andler stated that all the bricks that were previously installed will soon be replaced since the bricks do not meet the specifications of the contract. He stated the brick replacement will be at no cost to the Village and wilt be coordinated so to minimize disruption among downtown businesses. He stated that sections of the brick would be removed and then replaced as the project moves throughout the downtown. REVIEW OF SHED REGULATIONS Village Manager Michael Janonis stated this is a follow up of previous discussions based on some variation requests from several residents regarding larger sheds. Community Development has done much of the requested research by the Board for consideration of possible parameters for shed consideration. Community Development Director Bill Cooney provided the baseline information and the marketplace details of the various shed sizes. He also suggested there are several policy options regarding shed regulation. Among those are lot coverage limits as a factor on the shed size along with outright maximum square footage limits. General comments of the Village Board members included the following items: There was some discussion regarding maximum lot coverage including all structures. There was also a concern raised regarding the possible loophole of multiple structures in the case of a detached single-family car garage. There were comments made regarding the clarification of the hard surface necessary to utilize a garage versus an accessory structure such as a shed. 2 There were also comments regarding the maintenance of the required setback regardless of the shed size to be considered, A suggestion was made to create various shed sizes based on the lot sizes in various bands or ranges of lot size. There was a concern raised regarding the percentage of lot coverage formula and a suggestion was made to use the break point of the lot size for the range criteria instead. There was also a suggestion simplifying the regulation whereby a maximum size would be defined and enforced. Doug Doughty, 1431 Blackhawk, spoke. He suggested a clarification for the structure height and to clearly define the difference between a shed and a garage. He also suggested the Village Board consider the size of the shed based on the lot size and coverage percentage for the individual lot. General comments from Village Board members included the following items: There was a discussion regarding the application of a possible formula regarding shed size based on square footage and lot coverage. A comment was also made regarding the definition of logic to allow reasonable maximum use of property by individual homeowners. Village Manager Michael Janonis stated that there could be an impact on the walkthrough permit process for sheds depending on the policy as defined by the Board and the likelihood that residents will not have the necessary information available in order for permit processing on a walk through basis. Consensus of the Village Board was to maintain the ten foot height of a shed, maintain the setbacks and consider how the formula would work based on lot size for a single accessory structure; i.e., shed. This proposal was presented to staff for further analysis to be brought back for additional consideration. VII. VILLAGE MANAGER'S REPORT Village Manager Janonis stated the Public Works Open House is scheduled for May 18 from 9:00 a.m. until 1:00 p.m. VIII. ANY OTHER BUSINESS Mayor Farley wanted to apologize to citizens and the Village Board about how he treated a person that appeared before the Board at the last meeting. He appreciated the civility that is typical of this Village Board but he had several extenuating circumstances that affected his judgment in running the meeting on this particular night and would work not to repeat the situation again. otion made by Trustee Hoefert and Seconded by Trustee Corcoran to move into Closed Session to discuss land acquisition. Meeting adjourned into Closed Session at 9:13 p.m. The Closed Session ended at 9:37 p.m. The Village Board reconvened into open session at 9:38 p.m. X. ADJOURNMENT There was no further business and the Committee of the Whole meeting immediately adjourned at 9:39 p.m. DAVID STRAHL Assistant Village Manager 4 Village of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: VILLAGE MANAGER FROM: PUBLIC INFORMATION OFFICER DATE: JUNE 7, 2002 SUBJECT: MULTI-YEAR SURVEY PLAN - FINAL REPORT Back,qround The idea of a comprehensive residential survey process was originally discussed at the February 13,2001 Committee of the Whole meeting. Staff developed an RFP for service§ to compose a multi- year survey plan, and in February 2002, the Village Board approved a contract with Metro Chicago Information Center (MCIC) to develop such a plan. Staff felt that it was imp0rtan[to develop a Solid plan for the surveying effort, especially for budgeting purposes. This will give us an opportunity to begin surveying on a consistent basis in order to develop benchmarks and establish trends. It will also allow us to identify problems, and through surveying we should be able to tell over time if our solutions are working. The role of MCIC was to assist the Village in identifying survey methods, timelines and costs. MCIC Research MCIC has been conducting research since February. Their research has consisted of three main elements: analYSis of secondary data, key informant interviews and foCus groups. Secondary Data included Census data, home lending practices (Home Mortgage Disclosure Act), and previous studies or surveys of Mount Prospect and neighboring communities. MCIC conducted six key informant interviews with community leaders, The six individuals interviewed were selected from a list provided by staff. They were people who were considered community leaders, and an effort was made to identify as diverse a group as possible. These individuals were interviewed by telephone. Two focus groups were held, The first group consisted of new residents, who had lived in the village for less than five years (11 people). The second group (12 people) was comprised of long-term residents, who had lived in Mount Prospect for more than five years. These individuals were randomly chosen. They met on two consecutive evenings and were paid a $50 stipend for participating. In addition to this research, MCIC also staff visited and toured the Village and interviewed various members of the Village staff. Multi-Year Survey Plan - Final Repod June 7,2002 Page 2 FINDINGS The following is a brief summary of findings from both the focus groups and the key informant interviews. Overatl, the response from both the key informant interviews and the focus groups was quite positive. Respondents were very satisfied with their lives in the Village however, they also had very high expectations in terms of service and leadership from both Village staff and the Village Board. · Mount Prospect is a friendly place - residents have real sense of community · Mount Prospect offers excellent services - this is a double edged sword. Residents recognize and appreciate the level of service the Village provides, however, this leads them to have very high expectations · Mount Prospect is a stable place- a good place to raise a famity · Mount Prospect is changing - even if change is for the good, it is unsettling to some. Traffic is a major concern. · Mount Prospect looks different- had a sense there were some "unanswered questions" especially in terms of development (Downtown, Randhurst especially) and the Village Hall/Senior Center and Library projects. · Mount Prospect's demographics are changing- in terms of age, race and ethnicity. Increases were seen in the new census in both Hispanic and South Asian populations. In terms of age, both the senior and y3uth populations are growing. These factors lead to what MCIC calls a "dynamic conflict" and that the Village must find a balance between stability and change. Conclusion MCIC recommends that the Village conduct a telephone survey every other year, with written surveys in the "off" years. The first year's telephone survey can be used as a baseline and can also be used to obtain feedback on projects or programs that are planned for the future. The focus groups and written surveys in the "off" years can be used to target particular issues. Staff is seeking direction from the Village Board on how to proceed with the survey plan. If the Village Board does decide to enact a survey plan, funding for conducting the su~eys will have to be included in future budgets, beginning with Fiscal Year 2003. If you have any questions about this project, please do not hesitate to contact me. Maura Jandris Public Information Officer II. III. MINUTES COMMITTEE OF THE WHOLE JANUARY 8, 2002 CALL TO ORDER The meeting was called to order at 7:05 p.m. by Mayor Gerald Fadey. Present at the meeting were: Trustees Paul Hoefert, Richard Lohrstorfer, Michaele Skowron, Irvana Wilks and Michael Zadel. Trustee Corcoran arrived at 7!49 p.m. Staff members present included Village Manager Michael Janonis, Assistant Village Manager David Strahl and Public Information Officer Maura Jandds. APPROVAL OF. MINUTES Approval of minutes from November 27, 2001. Motion was made by Trustee Wilks and Seconded by Trustee Zadel. Minutes were approved. CITIZENS TO BE .HEARD Bart and Laura Bartell, 80t South Emerson, spoke. They stated that they have been experiencing adverse traffic effects due to their location at the comer of South Emerson and Lonnquist. They are appearing before the Board requesting relief and nothing the Village has done has improved the situation. They also raised the fact that South Emerson is considered a collector street while North Emerson is not. They also feel there is' constant, non-stop, cut- through traffic along their street. They also queted from the Comprehensive Plan. Mayor Farley responded and stated that he disputes many of the comments that the Bartells have made regarding the traffic situation on Emerson and feels that their comments referring to the situation being out of control are in error. Trustee Hoefert stated the Village has done numerous traffic studies and there has been substantial enforcement efforts made along the street at their request. Village Manager Janonls stated that there.have been several traffic studies and the Village effort to address the needs of the Bar{ells have been substantial. Trustee Zadel stated that he has seen additional traffic due to the construction along 83 since he lives on Lonnquist which is a collector street which connects to Emerson, but the volumes assumed by the Bartells have not'occurred. VI. VII. VILLAGE MANAGER'S REPORT ManaRer Janonis reminded the Board, and the listening audience of Coffee with Council on January 12. He also stated that the Committee of the Whole topic solicitation process is underway and would anticipate obtaining proper direction regarding the .topics at the January 22 meeting. He also inquired whether the Board was amenable to instituting the summer Committee of the Whole schedule whereby the second Committee of the Whole meeting would be cancelled from May through August assuming there are no critical topics to discuss.' Consensus of th~'Village Board Was to continue the summer Committee of the Whole schedule. ANY OTHER BUSINESS None, CLOSED SESSION Motion made by Trustee Hoefert and Seconded by Trustee Zadel to move into Closed Session to discuss litigation. Meeting.adjourned into Closed Session at 8:08 p,m. ADJOURNMENT 'Fhe meeting .reconvened into Open Session at 8:33 p,m. with adjournment at 8:34 p.m. DS/rcc II. III. MINUTES COMMITTEE OF THE WHOLE JANUARY 8, 2002 ,CALL TO ORDER The meeting was called to order at 7:05 p.m. by Mayor Gerald Farley. Present at the meeting were: Trustees Paul Hoefert, Richard Lohretorfer, Michaele Skowron, Irvana Wilks and Michael Zadel. Trustee Corcoran arrived at 7!49 p.m. Staff members present included Village Manager Michael Janonis, Assistant Village Manager David Strahl and Public Information Officer Maura Jandris. APPROVAL OF MINUTES Approval of minutes from November 27, 2001. Motion was made by Trustee Wilks and Seconded by Trustee Zadel. Minutes were approved. CITIZENS TO BE-HEARD Bart and Laura Bartell, 801 South Emerson, spoke. They stated that they have been experiencing adverse traffic effects due to their location at the comer of South Emerson and Lonnqulst. They are appearing before the Board requesting relief and nothing the Village has done has improved the situation. They also raised the fact that South Emerson is considered a collector street while North Emerson is not. They also feel there is' constant, non-stop, cut- through traffic along their street. They also quoted from the Comprehensive Plan. Mayor Farley responded and stated that he disputes many of the comments that the Bartells have made regarding the traffic situation on Emerson and feels that their comments refer~ng to the situation being out of control are in error. Trustee Hoefert stated the Village has done numerous traffic studies and there has been substantial enforcement efforts made along the street at their request. Village Manager Janonis stated that there,have ~oeen sevei'al traffic studies and the Village effort to address the needs of the Bar{ells have been substantial. Trustee Zadel stated that he has seen additional traffic due to. the construction along 83 since lie lives on Lonnquist which is a collector street which connects to Emerson, but the volumes assumed by the Bartells have not occurred. VI. VII. VILLAGE MANAGER'S REPORT. Mana.qer Janonis reminded the Board. and the listening audience of Coffee with Council on January 12. He also stated that the COmmittee of the Whole topic solicitation process is underway and would anticipate obtaining proper direction regarding the .topics at the January 22 meeting, He also inquired whether the Board was amenable to instituting the summer Committee of the Whole schedule whereby the second Committee of the Whole meeting would be cancelled from May through August assuming there are no critical topics to discuss.' Consensus of the Village Board was to continue the summer Committee of the Whole schedule. ANY OTHER BUSINESS None, CLOSED SESSION Motion made by Trus{ee Hoefert and Seconded by Trustee Zadel to move into Closed Session to discuss litigation, Meeting.adjourned into Closed Session at 8:08 p,m, ADJOURNMENT T-he meeting .reconvened into OPen Session at 8:33 p.m. with adjournment at 8:34 p.m. DS/fcc Village of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: MICHAEL JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF FINANCE DATE: JUNE 5, 2002 SUBJECT: NATURAL GAS USE TAX COLLECTION AGREEMENT PURPOSE: To seek Board approval to enter into an agreement with NICOR Gas to collect the Village's natural gas use tax. BACKGROUND: Article XVI of the Mount Prospect Village Code provides for a utility tax on natural gas. The current rate is 3.204% with 60% going to the General Fund and 40% going to the Street Improvement Fund. The utility tax is assessed against the gas company, which passes the tax on to its customers. The-Village collects approximately $400,000 per year from this tax. In July of 1998 the Village established a natural gas use tax to be assessed against any consumer of natural gas that is not paying the utility tax. The tax.rate is currently $0.0147 per therm. The use tax was imposed because of deregulation and the fact the utility.tax could not be assessed against natural gas providers domiciled outside the State of Illinois. To date, the Village has not received any proceeds from the use tax. DISCUSSION: When the Village established the use tax in 1998 the only customers able to purchase natural gas from companies other than NICOR were commercial and industrial customers. However, NICOR has recently begun to actively market their "Customer Select" program which allows all customers, residential and commercial, to choose between several natural gas providers. Residential customers can choose between five different providers and commercial and industrial customers can choose between eight providers. Approximately one- half of the .providers ara outside Of Illinois and therefore not subject to the utility tax. The reason the Village has not received any use tax proceeds to date is because NICOR was not willing to enter into use tax collection agreements with municipalities and it was impractical for local governments to try and collect the tax directly from the customer. Now that residential customers are being offered the choice of natural gas provider, and there is bound to be a large number of customers choosing other providers, NICOR is willing to enter into agreements to collect the tax from customers that they will be billing for the transportation-only charges. Obviously, this creates more of a level playing field between the gas companies, taking away the ability of one or more companies to market their gas on a "tax exempt" basis, atural Gas Use Tax June 5, 2002 Page 2 Attached is a draft agreement forwarded to us by NICOR that would allow them to collect our use tax from their transportation-only customers who are not subject to the utility tax. This collection agreement would only apply to situations where NICOR is involved in the billing for transportation charges. In cases where another provider bills the customer for both the natural gas and NICOR's transportation charge, NICOR would obviously not be able to collect the use tax. in cases where NICOR does not do any billing, the Village can ask the other provider to collect the use tax, but there is nothing requiring the company to do so. The draft agreement has been reviewed by the Village Attorney. His comments are attached to this memorandum. RECOMMENDATION: It is recommended the Village Board authorize the Village President to sign the Tax Collection Agreement by and between the Village of Mount Prospect and NICOR Gas Company. The natural gas utility tax represents generates a significant amount of money for Village services and this agreement will help minimize the loss of revenue due to deregulation and the Customer Select program. DOUGLAS R..ELLSWORTH, CPA DIRECTOR OF 'FINANCE DRE/ I:~Taxes~Natural Gas Use Tax~Bd Memo 6-5-02.doc Patrick A. Lucansky E. Kenneth Frlker Gerard E. Den'~sey Tcrrence M. Barn/cie Brace A. Zolna James P. Bartley Michael $. Duggan Thomas P. Bayer LA W OFFICES KLEIN, THORPE AND JENKINS, LTD. Suite 1660 20 North Wacker Drive Chicago, Illinois 60606-2903 Telephone (312) 984-6400 Facsimile (312) 984-4444 (312) 606-7077 Orhnd Park Office 15010 S. Raviuia Avenue, Suite 17 Oriand Park, IL 60462-3162 Telephone (708) 349-3888 Facsimile (708) 349-1506 Writer=s Direct Dial (312) 984-6420 Writer=s E-Mail emhill(agktinet,ep_m.m Rinda Y. Allison Lance C, Mahna Kathlcen T. Hera John R. Wlktor George A. Wagner James G, Wargo S~anne M. Fitch Michael A. Marts Shawn p. Lee Of Coumel Richard T. Wimmer MEMORANDUM DATE: TO: FROM: RE: June 5, 2002 Michael E. Janonis, Village Manager Everette M. Hill, Jr., Village Attorney NICOR Form Use Tax Agreement I have reviewed the Form Use Tax Agreement and following summary comments regarding the mutual rights and obligations that would attach if the Village were to enter into the Agreement with NICOR. Article 3: Section 3.2A. NICOR passes on to the customer the state and municipal taxes assessed on it, in addition to the charges for gas and service. Section 3.2E1.NICOR is required to maintain records, but only for a three-year period. NICOR will make the records available to the Village at the Village's expense. Such records disclosure is also subject to NICOR's customer confidentiality policies. Section 3.2E2 further allows the Village to conduct an audit at its own expense and there is no reference to confidentiality in this regard. Section 3.2F. The Village will handle a customer claim for a refund or other dispute. NICOR is not liable to refund any tax collected or other amount collected and forwarded to the Village. Section 3.4A. NICOR cannot transfer or assign its obligations under the Agreement without the Village's reasonable consent. NICOR can delegate its service to a collection agency, or law finn, without the Village's consent, as well as permit any of its authorized agents, such as a bank, to accept payments from the customers on behalf of NICOR. However, if the service is not "satisfactory" to the Village, the Village can require NICOR itself to perform the Agreement or have it performed through a Village-approved subcontractor or assignee. Section 3.4C. The Village must have the written consent of NICOR to transfer or assign its rights and/or obligations under the Agreement. However, the Village can unilaterally transfer its fight to received the tax without NICOR's consent. Such cases include a debt financing transaction. Article 4: The term of the Agreement is three (3) years without automatic rolling renewals in increments of one year. Termination must be in writing at least six (6) months before the end of the term. Article 5: NICOR is entitled to three pement (3%) of the amount of taxes collected by NICOR under the Agreement as a fee for the tax collection services. Section 9.8. The Village is responsible for the refund if a court or administrative agency determines that the tax was improperly applied to a customer, or if the tax is found invalid or unconstitutional by a court. In no event is NICOR responsible for a refund of the tax or any collection fee that it has received for its services. Section g.12. Indemnification. The indemnification, hold harmless, provisions are mutual as to one another's gross negligence, willful misconduct or intentional tortuous acts and/or omissions, with the exception that the Village further indemnifies, holds harmless and agrees to defend NICOR for any claim arising from another party's assertion that the tax is unconstitutional under state or federal law. Although this summary does not substitute for a full reading of the Agreement, the above, in my view, are the key substantive provisions that should guide the discussion of whether to enter into the proposed Agreement with NICOR. FORM USE TAX AGREEMENT Tax Collection Agreement between the (Village/City) of , Illinois and Northern Illinois Gas Company, d/b/a Nicor Gas Company 12783125.1 TABLE OF CONTENTS Page ARTICLE 1. ARTICLE 2. ARTICLE 3. 3.1 3.2 3.3 3.4 3.5 3.6 ARTICLE 4. 4.1 ARTICLE 5. ARTICLE 6. ARTICLE 7. 7.1 7.2 ARTICLE 8. 8.1 8.2 INCORPORATION OF RECITALS ............................................................... 2 DEFINITIONS ................................................................................................. 2 DUTIES AND RESPONSIBILITIES OF THE CONTRACTOR~ .................. 3 Tax Collection General Provisions ........................................................................ 3 Tax Collection Services ......................................................................................... 3 A. Collection From Customers ..........: ............................................................ 3 B. Responsibility for Providing Exempt Customer List ................................. 3 C. Remittance ................................................................................................. 4 D. Customer Payments; Assessment by Municipality; Bankruptcy Filings by Customers of the Contractor ..................................................... 4 E. Records and Audits .................................................................................... 4 F. Liability for Tax Refunds, Disputes ........................................................... 5 Standard of Performance ................................................................................ . ...... 5 Subcontracts and Assignments .............................................................................. 5 A. Municipality Approval Required ............................................................... 5 B. Effect of Municipality Consent .................................................................. 6 C. Assignment by the Municipality ................................................................ 6 Confidentiality ....... : ............................................................................................... 6 Compliance with Laws .......................................................................................... 6 TIME OF PERFORMANCE ........................................................................... 7 Term of Agreement ................................................................................................ 7 A. Original Term ............................................................................................. 7 B. Extension .................................................................................................... 7 COMPENSATION .......................................................................................... 7 DISPUTES ....................................................................................................... 7 REPRESENTATIONS AND WARRANTIES .......................................... :..... 7 Contractor's Representations and Warranties ........................................................ 7 A. Ability to Perform ...................................................................................... 8 B. Agreement Feasible ................................................................................... 8 Municipality's Representations and Warranties .................................................... 8 EVENTS OF DEFAULT AND REMEDIES .................................................. 8 Events of Default ................................................................................................... 8 A. Contractor Events of Default Defined ....................................................... 8 B. Municipality Events of Defanlt Defined ................................................ 2.. 9 C. Declaration of Default ................................................................................ 9 Remedies ................................................................................................................ 9 12783 I25.1 -i- TABLE OF CONTENTS (continued) Page 8.3 A. Municipality Remedies Defined ................................................................ 9 B. Contractor Remedies Defined .................................................................. 10 C. Remedies Nonexclusive ........................................................................... 10 Absolute Right to Terminate ................................................................................ 10 A. Municipality ......................................................................... : ................... 10 B. Contractor ................................................................................................ I 1 ARTICLE 9. 9.1 GENERAL CONDITIONS ........................................................................... 11 Entire Agreement ................................................................................................. 11 A. General ..................................................................................................... 11 B. No Collateral Agreements ........................................................................ 11 9.2 Counterparts ......................................................................................................... 11 9.3 Amendments ........................................................................................................ 12 9.4 Governing Law and Jurisdiction ..................... i .................................................... 12 9.5 Severability .......................................................................................................... 12 9.6 Interpretation ........................................................................................................ 12 9.7 Assigns ................................................................................................................. 12 9.8 Responsibility for Refunds ............................................................ , ..................... 12 9.9 Miscellaneous Provisions ..................................................................................... 13 9.10 Nonliability of Public Officials ............................................................................ 13 9.11 Nonliability of the Contractor's Officers, Directors, Employees and Agents .................................................................................................................. 13 9.12 Indemnification .................................................................................................... 13 A. Indemnification by Contractor ................................................................. 13 B. General Indemnification by Municipality ........: ....................................... 14 C. Indemnification for Invalid Tax ............................................................... 14 ARTICLE 10. NOTICES ....................................................................................................... 14 ARTICLE 11. 11.1 11.2 ' AUTHORITY ....................................................................... : .................... ,.. 15 Municipality's Authority ..................................................................................... 15 Contractor's Authority ......................................................................................... 15 12783125.1 -ii- TAX COLLECTION AGREEMENT This Tax Collection Agreement (this "Agreement") is entered into as of this day of ,20 , by and between Northern Illinois Gas Company, d/b/a Nicor Gas Company, an Illinois corporation (the "Contractor"), and the (Village/City) of , Illinois (the "Municipality"), a municipal corporation and home rule unit of local government existing under the Illinois Constitution. RECITALS WHEREAS, on . __, 20__, the Municipality adopted Ordinance No. __ (the "Tax Ordinance") pursuant to which the Municipality found that: (a) the Municipality is a home rule unit under subsection (a) of Section 6 of Article VII of the Illinois Constitution of 1970; (b) subject to said Section, a home rule unit may exercise any power and perform any function pertaining to its government and affairs for the protection of the public health, safety, morals and welfare; and (c) in furtherance of its home rule powers, it is necessary and desirable for the Municipality to amend its ordinances regarding taxation by creating a municipal gas use tax; and WHEREAS, as a result of such findings, the Municipality adopted the Tax Ordinance imposing a Municipal Gas Use Tax (the "Tax") on gas purchased at retail for use or consumption' in the Municipality; and WHEREAS, the Municipality authorized the execution of an agreement with the Contractor to provide for the collection of the Tax; and WHEREAS, the Contracto? represents and warrants that it has the resources and ability to collect the Tax on behalf of the Municipality and to perform such other related services as are required to perform its duties under this Agreement; and WHEREAS, pursuant to Section 10 of Article VII of the Illinois Constitution of 1970, the Municipality is authorized to contract and otherwise associate with individuals, associations, and corporations in any manner not prohibited by law or by ordinance; and WHEREAS, the Municipality and the Contractor have negotiated the terms and conditions pursuant to which the Contractor shall collect the Tax and render other related services, and the Contractor represents that it will perform in accordance with the terms and provisions set forth in this Agreement. NOW, THEREFORE, in consideration of the mutual promises contained in this Agreement, the Municipality and the Contractor agree as follows: 12783125.1 ARTICLE 1. INCORPORATION OF RECITALS The recitals set forth above are incorporated by reference as if fully set forth herein. ARTICLE 2. DEFINITIONS The following terms shall have the meanings ascribed to them for the purp~)ses of this Agreement: "Agreement" means this Tax Collection Agreement, including all exhibits attached hereto and incorporated herein by reference, and all amendments, modifications or revisions hereto made in accordance with the terms hereof. "Contractor" has the meaning set forth in the first paragraph of this Agreement. "Customer" means a Person not on the Exempt Customer List who has an account with the Contractor and who uses or consumes gas within the Municipality which gas is not exempt from the Tax under the terms of the Tax Ordinance. "Customer Account" means an account that a Customer has with the Contractor. "Exempt Customer List" means a document issued by the Municipality directing the Contractor not to collect the Tax from the Exempt Customers listed therein. "Fee" means the compensation payable to the Contractor for the services provided under this Agreement as more specifically defined in Article 5 of this Agreement. "Municipality" has the meaning set forth in the first paragraph of this Agreement. "Person" means any individual, firm, trust, estate, partnership, association, joint stock company, joint adventure, corporation, limited liability company, municipal corporation, the State or any of its political subdivisions, any State university created by statute, or a receiver, trustee, conservator or other representative appointed by order of any court. "Records" has the meaning set forth in Article 3 of this Agreement. "State" means the State of Illinois. "Tax" has the meaning set forth in the Recitals to this Agreement "Tax Collection Services" means, collectively, the services, duties and responsibilities described in Article 3 of this Agreement, "Tax Ordinance" has the meaning set foFuh in the Recitals to this Agreement. 12783125.1 2 ARTICLE 3. DUTIES AND RESPONSIBILITIES OF THE CONTRACTOR 3.1 Tax Collection General Provisions The Contractor shall perform all the services (the "Tax Collection Services") described in Section 3.2. The Contractor's duty to perform the Tax Collection Services shall begin with bills issued to Customers on the first day of 20 . The Contractor shall perform the Tax Collection Services in accordance with the standard of performance set forth in Section 3.3 of this Agreement. The Contractor agrees that, notwithstanding anything in this Agreement to the contrary, it is acting as an independent contractor in performing under this Agreement and nothing herein is intended or should be construed as in any way creating or establishing the relationship of partners or joint venturers between the Municipality and the Contractor, or as constituting the Contractor or any officer, owner, employee or agent of the Contractor as an agent, representative, fiduciary or employee of the Municipality for any purpose or in any manner whatsoever. 3.2 Tax Collection Services A. Collection From Customers The Contractor will collect the Tax for each Customer Account by including the Tax on the bills issued to the Customer for the Customer Account. The Tax will be billed and collected at the rate of cents ($. ) per therm of gas delivered and billed by the Contractor to such Customer Account. The Contractor will collect the Tax along with any other amounts owed to the Contractor, including any gas and service charges, and any charges pursuant to Sections 9- 22t and 9-222 of the Public Utilities Act. The Contractor will not collect the Tax from any Person who is not a Customer with a Customer Account. The Contractor will include the Tax on any bill issued to a Customer Account for a Customer on or after ,20__. In the event that the Tax Ordinance is amended, the Municipal!ty shall provide notice to the Contractor within 14 days of the date that any amended ordinanc~ is passed. If the amended ordinance changes the rate of the Tax, then the Contractor shall collect the Tax at the new rate with respect to bills issued for a Customer Account on or after: (i) the effective date of the amended ordinance; or (ii) three months after the date on which the amended ordinance is passed, whichever is later. B. Responsibility for Providing Exempt Customer List If applicable, it shall.be the obligation of the Municipality to provide the Contractor with the Exempt Customer List. Upon receipt of the Exempt Customer List by the Contractor, the Contractor shall not include the Tax on any bill issued to an Exempt Customer on the Exempt Customer List from and after the first day of the month next following the date of receipt of the Exempt Customer List. 12783125.1 3 C. Remittance The Contractor will remit the Tax collected, net of its Fee, to the Municipality on or before the last day of the first calendar month following the calendar month in which the Tax is collected. Customer Payments; Assessment by Municipality; Bankruptcy Filings by Customers of the Contractor. 1. Payments and Assessments by Municipality The Tax shall be due and payable to the Contractor by the due date of the bill on which the Tax is included. The Municipality shall not assess or attempt to collect any Tax from a Customer. In the event that a Customer attempts to pay the Tax to the Municipality, the Municipality shall use its best efforts to direct the Customer to pay the Tax to the Contractor. 2. Bankruptcy Filings In the event a proceeding in bankruptcy court is commenced with respect to a Customer and the Contractor becomes aware of such bankruptcy, the Contractor shall use its best efforts to notify the Municipality of such pro~eeding, and the Municipality shall be entitled to file its own claim in the bankruptcy court for any Tax owed by such Customer. A failure to provide notice under this paragraph shall not constitute a default under this Agreement. E. ' Records and Audits 1. Records The Contractor will keep accurate records and accounts with respect to each Customer Account that will include the number of therms of gas delivered and billed with respect to the Customer Account, the amounts billed to the Customer Account, and the payments received with respect to the Customer Account (collectively, the "Records"). Also, the Records will show the dates which correspond to the Customer Account information: the dates on which bills were issued, the due dates of bills and the dates on which payments were received. The Contractor will make the Records available at all reasonable times for inspection and examination by the Municipality, subject to the Contractor's customer confidentiality policies. Any Records required to be provided or kept under this paragraph shall be retained by the Contractor for a three-year period. Also, Records in existence at the time of terminati0n of this Agreement shall be retained for a period of three years from the creation of such Records. 2. Audits The Municipality shall have the fight to audit, at the Municipality's expense, all collections of Tax made by the Contractor and remitted to the Municipality pursuant to this Agreement and all Fees deducted by the Contractor under this Agreement. 12783125.1 4 The Contractor shall keep the Records open to audit, inspection, copying and abstracting by the Municipality, at the Municipality's expense, and shall make the Records available to the Municipality at reasonable times during the term of this Agreement. The Contractor shall maintain the Records in accordance with accounting procedures and practices sufficient to reflect properly all Tax due, billed, collected an~or remitted to the Municipality, and the amount of any Fees deducted by the Contractor as payment for the Tax Collection Services. The system of accounting shall be in accordance with generally accepted accounting principles and practices, consistently applied throughout. F. Liability for Tax Refunds, Disputes Liability for the Tax shall rest exclusively with the Customer. The Contractor shall not be liable to remit any Tax not actually collected. Any Customer's claim for a refund or other dispute regarding the amount of Tax owed or collected shall be directed to and handled by the Municipality, not the Contractor. In no case, shall the Contractor be liable to refund any Tax to a Customer or other amount collected and remitted to the Municipality pursuant to this Agreement. 3.3 Standard of Performance The Contractor shall perform the Tax Collection Services with that degree of skill, care and diligence normally shown by a Person performing services of a scope, purpose and magnitude comparable with the Tax Collection Services. The Contractor shall exercise necessary and appropriate expertise and judgment in performing the Tax Collection Services. 3.4 Subcontracts and Assignments A. Municipality Approval Required Without the express written consent of the Municipality, such consent not to be unreasonably withheld, the Contractor shall not subcontract, assign, delegate or otherwise transfer all or any part of its rights or obligations under this Agreement. Any attempted subcontract, assignment, delegation or transfer made without such express written consent shall be void and of no effect. Notwithstanding the foregoing, the Contractor may, without the consent of the Municipality, transfer its rights and obligations under this Agreement, in whole, but not in part, in connection with a merger or a sale, transfer or conveyance of all or substantially all of the Contractor's assets. In addition, the Contractor may, without the consent of the Municipality, subcontract, assign or delegate Tax Collection Services to one or more collection agencies or law firms in the ordinary course of the Contractor's business and consistent with the requirements of this Agreement. Furthermore, the Contractor may, without the consent of the Municipality, permit any of its authorized agents listed on the Contractor's published "Directory of Company Authorized Collection Agents and Company Offices", for example, a bank or a savings and loan, to accept payments from Customers on behalf of the Contractor. All subcontracts or assignments shall be deemed conditioned upon performance by the subcontractor or assignee in accordance with the terms and conditions of this Agreement. If any 12783125.1 5 such subcontractor or assignee shall fail to observe or perform the terms and conditions of this Agreement to the satisfaction of the Municipality, the Municipality shall have the right upon written notification to require the performance of this Agreement by the Contractor personally or through any other Municipality-approved subcontractor or assignee. B. Effect of Municipality Consent No consent to any subcontract or assignment with respect to this Agreement, nor any acceptance of or payment for any Tax Collection Services, by the Municipality shall relieve the Contractor of any of its obligations hereunder. C. Assignment by the Municipality Without the express written consent of the Contractor, such consent not to be unreasonably withheld, the Municipality shall not subcontract, assign, delegate or otherwise transfer all or any part of its rights or obligations under this Agreement. Any attempted subcontract, assignment, delegation or transfer made without such express written consent shall be void and of no effect. Notwithstanding the foregoing, the Municipality may, without the consent of the Contractor, (i) assign or otherwise transfer, in whole or in part, its rights to receive the Tax collected hereunder in connection with any debt financing transaction, and (ii) subcontract, assign or delegate all or any part of its rights of assessment and enforcement with respect to the Tax. 3.5 Confidentiality The Contractor and the Municipality hereby agree not to disclose to third parties any information provided to either the Contractor or the Municipality by the other (or by such other party's agents, contractors, or subcontractors), or obtained by either party in the performance of its obligations under this Agreement. This Section 3.5 shall not apply to the following: (a) information available from public sources, (b) information made public by a party other than the Municipality or the Contractor, (c) disclosure by the Contractor to affiliates of ghe Contractor, or to the Contractor's agents or subcontractors which is necessary for the Contractor to perform its obligations under this Agreement, (dj disclosure required, in the opinion of the disclosing party's legal counsel, by law, judicial or administrative order or where such disclosure is necessary to comply with Federal or state securities laws, (e) disclosure required by any lender providing financing to the Contractor or the Municipality or from whom such financing is sought, (f) disclosure to a Customer regarding.his Tax liability or payment, (g) general instructions and/or general information regarding the Tax provided to the public and/or to Customers, (h) disclosure to the Illinois Commerce Commission, and (i) disclosure required under the Illinois Freedom of Information Act. 3.6 Compliance with Laws The Contractor and the Municipality shall at all times observe and comply, in all material respects, with all applicable laws, ordinances, roles, regulations, policies and executive orders of the federal, state and local gnvemment which may affect the performance of this Agreement. 12783125.1 6 ARTICLE 4. TIME OF PERFORMANCE 4.1 Term of Agreement A. Original Term This Agreement shall take effect as of the date hereof and shall continue until , 20__ (subject to paragraph B below) or until this Agreement is terminated in accoMance with its terms, whichever occurs first. The Contractor's duty to perform the Tax Collection Services shall begin with bills issued to Customers on ,20___ and shall cease (unless otherwise extended hereunder) with respect to bills issued on or after ,20___. B. Extension This Agreement shall automatically extend for successive one-year periods after the original three-year term unless either party elects to terminate this Agreement by written notice delivered to the other party no later than six months prior to the end of the then current term. ARTICLE 5. COMPENSATION As compensation for the 'Tax Collection Services provided hereunder, the Contractor shall be paid a fee (the "Fee") equal to 3% of the amount of Tax collected by the Contractor, its subcontractors or its authorized agents and remitted in accordance with Section 3.2D. The Contractor shall be entitled to deduct the applicable Fee from each remittance of Tax to the Director. Payment of the Fee for any Tax actually collected and remitted to the Municipality in accordance with Section 3.2D, whether before or after the effective date of the termination of this Agreement, shall be in accordance with this Article 5. ARTICLE 6. DISPUTES The Municipality and the Contractor shall use their best efforts to resolve any disputes arising under this Agreement including disputes as to whether the Contractor failed to remit or timely remit any Tax collected. During any period of dispute resolution, the Contractor shall continue to perform the Tax Collection Services and will be entitled to collect its Fee under Article 5. ARTICLE 7. REPRESENTATIONS AND WARRANTIES 7.1 Contractor's Representations and Warranties In connection with the execution of this Agreement, the Contractor hereby represents and warrants to the Municipality the statements set forth in this Section 7.1. 12783125.1 7 A. Ability to Perform The Contractor is financially solvent; it is legally authorized to execute this Agreement and to perform or cause to be performed the Tax Collection Services; and it is competent to perform the Tax Collection Services. B. Agreement Feasible The Contractor has carefully examined and analyzed the provisions and requirements of this Agreement; it understands the nature of the Tax Collection Services; from its own analysis it has satisfied itself as to the nature of all things needed for the performance of this Agreement; to the best of the Contractor's knowledge the Agreement is feasible of performance in accordance with all of its provisions and requirements; and the Contractor can and shall perform, or cause to be performed, the Tax Collection Services in accordance with the provisions and requirements of this Agreement. 7.2 Municipality's Representations and Warranties In connection with the execi~tion of this Agreement, the Municipality hereby represents and warrants to the Contractor the statements set forth in this Section. (A) The Municipality is a municipality duly constituted and validly existing within the meaning of Section 1 of Article VII of the 1970 Constitution of the State and is a home rule unit of government under Section 6(a) of Article VII of said Constitution. (B) The Municipality has full power and authority as a home rule unit of govemment to impose the Tax and to execute this Agreement. (c) The Municipality has duly authorized all necessary action to be taken by it for the imposition of the Tax and the execution and .performance of this Agreement. ARTICLE 8. EVENTS OF DEFAULT AND REMEDIES 8.1 Events of Default A. Contractor Events of Default Defined The following shall constitute events of default on the part of the Contractor: (1) any material misrepresentation made in this Agreement, whether negligent or willful and whether in the inducement or in the performance, made by the Contractor to the Municipality; (2) the Contractor's failure to perform any of its material obligations under this Agreement; and 12783125.1 (3) the inability of the Contractor to perform the Tax Collection Services satisfactorily as a result of its insolvency, filing for protection under any bankruptcy law or assignment for the benefit of creditors. B. Municipality Events of Default Defined The following shall constitute events of default on the part of the Municipality: (1) any material misrepresentation made in this Agreement, whether negligent or willful and whether in the inducement or in the performance, made by the Municipality to the Contractor; and (2) the Municipality's failure to perform any of its material obligations under this Agreement. C. Declaration of Default (1) Municipalitw's Declaration of Default The Municipality shall notify the Contractor in writing of any circumstance which the Municipality believes to be an event of default and the Contractor shall have 30 calendar days to cure such event of default. The occurrence of any event of default which the Contractor has failed to cure within such 30-day period shall permit the Municipality to declare the Contractor in default. Written notification of any decision to declare the Contractor in default shall be provided to the Contractor, and such decision shall be final and effective upon the Contractor's receipt of such notice. (2) Contractor's Declaration of Default The Contractor shall notify the Municipality in writing of any circumstance which the Contractor believes to be an event of default and the Municipality shall have 30 calendar days to cure such event of default. The occurrence of any event of default which the M~nicipality has failed to cure within such 30-day period shall permit the Contractor to declare the Municipality in default. Written notification of any decision to declare the Municipality in default shall be provided to the Municipality, and such decision shall be final and effective upon the Municipality's receipt of such notice. 8.2 Remedies A. Municipality Remedies Defined Upon declaring the Contractor in default as provided herein, the Municipality may in'coke any or all of the following remedies: 12783125.l 9 (I) the right to terminate this Agreement as to any or all of the Tax Collection Services yet to be performed effective at a time specified by the Municipality; (2) the fight to seek specific performance, an injunction or any other appropriate equitable remedy; and/or (3) other remedies available under the law. B. Contractor Remedies Defined Upon declaring the Municipality in default as provided herein, the Contractor may invoke any or all of the following remedies: (1) the right to terminate this Agreement effective at a time specified by the Contractor; (2) (3) the fight to seek an injunction or any other appropriate equitable remedy; and/or the fight to seek money damages. The Contractor shall not seek Fees that would have been earned in the future, had the Agreement not been terminated. C. Remedies Nonexclusive The remedies provided for in this Agreement are not intended to be exclusive of any other remedies, but each and every such remedy shall'be cumulative and shall be in addition to all other remedies, now or hereafter existing at law, in equity or by statute. No delay in exercising or failure to exercise any fight or power accruing upon any event of default shall impair any such right or power nor shall it be construed as a waiver of any event of default or acquiescence therein, and every such right and power may be exercised from time to time and as often as may be deemed expedient. 8.3 Absolute Right to Terminate A. Municipality In addition to termination pursuant to Sections 4.1.B and 8.2A, the Municipality shall have the absolute right to terminate this Agreement by a notice in writing from the Municipality to the Contractor setting forth the e'ffective date of such termination if the Tax is preempted, repealed, or determined by a court of competent jurisdiction to be unconstitutional or otherwise invalid. If the Municipality elects to terminate this Agreement under this Section 8.3A, all Tax Collection Services to be provided hereunder shall cease with respect to bills issued on and after the effective date stated in the notice. 10 B. Contractor In addition to termination pursuant to Sections 4. lB and 8.2B, the Contractor shall have the absolute right to terminate this Agreement by a notice in writing from the Contractor setting forth the effective date of such termination if the Illinois Commerce Commission issues an order prohibiting the Contractor from performing all or part of the Tax Collection Services or if the Tax is preempted, repealed, or determined by a court of competent jurisdiction to be unconstitutional or otherwise invalid. If the Contractor elects to terminate this Agreement under this Section 8.3B, all Tax Collection Services to be provided hereunder shall cease with respect to bills issued on and after the effective date stated in the notice. ARTICLE 9. GENERAL CONDITIONS 9.1 Entire Agreement A. General The Contractor and the Municipality acknowledge that this Agreement shall constitute the entire agreement between the parties and no other warranties, inducements, considerations, promises or interpretations shall be implied or impressed upon this Agreement that are not expressly addressed herein and therein. B. No Collateral Agreements The Contractor and the Mufiicipality agree that, except for those representations, statements or promises expressly contained in this Agreement, no representation, statement or promise, oral or in writing, of any kind whatsoever, by either party, its officials, its agents or its employees has induced the other party to enter into this Agreement or has been relied upon by either party including any with reference to (i) the meaning, correctness, suitability or completeness of any provisions or requirements of this Agreement; (ii) the nature of the Tax Collection Services to be performed; (iii) the nature, quantity, quality or volume of any materials, labor or other facilities needed for the performance of this Agreement; (iv) the general conditions which may in any way affect this Agreement or its performance; (v) the compensation provisions of this Agreement; or (vi) any other matters, whether similar to or different from those referred to in clauses (i) through (v) above, affecting or having any connection with this Agreement or the negotiation or performance hereof. 9.2 Counterparts This Agreement is comprised of several identical counterparts, each to be fully executed by the parties and each to be deemed an original having identical legal effect. 12783125.1 1 1 9.3 Amendments No changes, amendments, modifications or discharge of this Agreement, or any part hereof, shall be valid unless in writing and signed by the authorized agent of the Contractor and by the Municipality or their respective successors and assigns. 9.4 Governing Law and Jurisdiction This Agreement shall be governed as to performance and interpretation in accordance with the laws of the State of Illinois without regard to principles of conflicts of law. 9.5 Severability The invalidity of any one or more phrases, sentences, clauses or sections contained in this Agreement shall not affect the validity or enforceability of the remaining portions of this Agreement. 9.6 Interpretation Any headings of this Agreement are for convenience or reference only and do not define or limit the provisions hereof. Words of any gender shall be deemed and construed to include correlative words of the other genders. Words importing the singular number shall include the plural number and vice versa unless the context shall otherwise indicate. All references to any exhibit or document shall be deemed to include all supplements and/or amendments to any such exhibits or documents entered into in accordance with the terms and c6nditions hereof and thereof. All references to any person or entity shall be deemed to include any person or entity succeeding to the rights, duties and obligations of such persons or entities in accordance with the terms and conditions of this Agreement. 9.7 Assigns All of the terms and conditions of this Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective legal representatives, successors, transferees and assigns. 9.8 Responsibility for Refunds In the event that it is detern~ined by a court or administrative agency of competent jurisdiction that the Tax does not apply to the use of gas by a Customer from whom the Tax was collected and remitted to the Municipality in accordance with this Agreement, it shall be the Municipality's responsibility to make any necessary refunds; the Contractor shall not be responsible for any refunds to the Customer, nor shall the Contractor be required to refund to the Municipality any Fee retained by the Contractor with respect to the Tax collected from that Customer. In the event that the Tax is found't9 ~e inv,!id 0r ~nconst!tutipna~by a court of competent jurisdiction, it shall be the Municipality's resPonsibility to make any necessary refunds; the Contractdr shall not be responsible for any refunds of the Tax to Customers, nor 12783125. I 1 2 shall the Contractor be required to refund to the Municipality any Fee retained by the Contractor with respect to Tax collected. 9.9 Miscellaneous Provisions Whenever under this Agree.ment the Municipality by a proper authority waives the Contractor's performance in any respect or waives a requirement or condition to either the Municipality's or the Contractor's performance, the waiver so granted, whether express or implied, shall only apply to the particular instance and shall not be deemed a waiver forever or for subsequent instances of the performance, requirement or condition. No such waiver shall be construed as a modification of this Agreement regardless of the number of times the Municipality may have waived the performance, requirement or condition. Whenever under this Agreement the Contractor by a proper authority waives the Municipality's performance in any respect or waives a requirement or condition to either the Municipality's or the Contractor's performance, the waiver so granted, whether express or implied, shall only apply to the particular instance and shall not be deemed a waiver forever or for subsequent instances of the performance, requirement or condition. No such waiver shall be construed as a modification of this Agreement regardless of the number of times the Contractor may have waived the performance, requirement or condition. 9.10 Nonliability of Public Officials No official, employee or agent of the Municipality shall be charged personally by the Contractor or by any assignee or subcontractor of the Contractor with any liability or expenses of defense or be held personally liable to them under any term or provision of this Agreement or because of the Municipality's execution or attempted execution thereof or because of any breach hereof. 9.11 Nonliability of the Contractor's Officers, Directors, Employees and Agents No officer, director, employee or agent of the Contractor shall be charged personally by the Municipality or by any assignee or subcontractor of the Municipality with a. ny liability or expenses of defense or be held personally liable to them under any term or provision of this Agreement or because of the Contractor's execution or attempted execution thereof or because of any breach hereof. 9.12 Indemnification A. Indemnification by Contractor The Contractor agrees to indemnify, defend and hold harmless the Municipality, including its officers, agents and employees, against any liability, loss, costs and expenses, including all costs of litigation and all reasonable attorneys' fees, that the Municipality, including its officers, agents and employees, incur, sustain or are subject to which arise from the Contractor's gross negligence, wilful misconduct, or intentionally tortious acts or omissions, in performing under thi~ Agreement, ts determined by a court of competent jurisdiction. 12783125.1 13 B. General Indemnification by Municipality The Municipality agrees to indemnify, defend and hold harmless the Contractor, including its officers, agents and employees, against any liability, loss, costs and expenses, including all costs of litigation and all reasonable attorneys' fees, that the Contractor, including its officers, agents and employees, incur, sustain or are subject to which arise from the Municipality's gross negligence, wilful misconduct, or intentionally tortious acts or omissions, in performing under this Agreement, as determined by a court of competent jurisdiction. C. Indemnification for Invalid Tax The Municipality agrees to indemnify, defend and hold harmless the Contractor, including its officers, agents and employees, against any liability, loss, costs and expenses, including all costs of litigation and all reasonable attorneys' fees, that the Contractor, including its officers, agents and employees, incur, sustain or are subject to that results from or arises out of any claim, cause of action or litigation wherein another party asserts that the Tax is unconstitutional under the United States or Illinois constitutions or otherwise invalid. ARTICLE 10. NOTICES Notices provided for herein, unless expressly provided for otherwise in this Agreement, shall be in writing and may be delivered personally or by placing in the United States mail, first class and certified, return receipt requested, with postage prepaid and addressed as fgllows: If to the Municipality: (Village/City) of , Illinois If to the Contractor: Nicor Gas Company 1844 Ferry Road Aurora, Illinois 60563-9600 Attention: Director, Community Relations With a Copy to: Nicor Gas Company , Illinois Attention: Regional Community Relations Director Changes in the above-referenced addresses must be in writing and delivered in accordance with the provisions of this Article 10. Notices delivered by mail shall be deemed received three days after mailing in accordance with this Article 10. Notices delivered personally shall be deemed effective upon receipt. 12753125.1 14 ARTICLE 11. AUTHORITY 11.i Municipality's Authority This Agreement is entered into by virtue of the home rule authority conferred on the Municipality under Section 6(a), Article VII of the 1970 Constitution of the State. 11.2 Contractor's Authority Execution of this Agreement by the Contractor is authorized by bylaws or a resolution of its Board of Directors, and the signature of each person signing on behalf of the Contractor have been made with complete and full authority to commit the Contractor to all terms and conditions of this Agreement. 12783125.1 15 IN WITNESS WHEREOF, the Municipality and the Contractor have executed this Agreement on the date first set forth above. (VILLAGE/CITY) OF By: Its: NORTHERN ILLINOIS GAS COMPANY, d/b/a/ NICOR GAS COMPANY By: Its: 12783125.1 16 LAW OFFICES KLEIN, THORPE AND JENKINS, LTD. Suite 1660 Patrick A. Lueamky 20 North Wacker Drive Panda y. All/son E. Kenneth Friker Chicago, Illinois 60606-2903 Lance C. Malina Gerard E. Dempsey ........ Kathleen T. Hena Terrenee M. Bamicle Telephcrte (312) 984-.6400 John R. Wiktor Bruce A. Zolna Facsimile (312) 984-6444 George A. Wagner James p. Bartley (312) 606-7077 James G. Wargo Michael J. Duggnn ...... St~anne M. Fitch Thomas p. Bayer Orland Park Office Michael A. Marts Denni~ G. Walsh 15010 S. Ray.ia Avenue, Suite 17 Shawn P. Lee Scott F. lJhler Orland Park, IL 60462-3162 Everette M, Hill, Jr. Telephone (708) 349-3888 Of Corn]scl Janet N. Petscha Facsimile (708) 349-1506 Richard T. Wimmer James V. Ferolo Michael T. Jun~ik Thomas M. Melody Writer's Direct Dial (312) 984-6420 Writer's E-Mail elnhilI(&ktinet.eom MEMORANDUM TO: Michael E. Janonis, Village Manager Village of Mount Prospect FROM: Everette M. Hill, Jr. DATE: June 4, 2002 RE: New Liquor License Classification Attached please find an ordinance creating an "MH" liquor license classification. The new MH license will permit hotels to maintain a hospitality room where beer and wine may be served on a complimentary basis between 4:00 p.m. and 7:00 p.m. The service restrictions are as follows: 2. 3. 4. 5. To guests only. With hors d'oeuvres. In a room separate from the lobby. No self service. No room service. This ordinance was created for the Board's consideration at the request of the Country Inn and Suites Hotel management. They claim that business is very slow and that similar ordinances in Schaumburg and Elk Grove Village have been very beneficial. Our current annual license fees range from $750.00 to $2,500.00. Our club license is $750.00. Since this is a complimentary service and is limited to three hours per day, I am recommending a $750.00 annual fee. ORDINANCE NO. AN ORDINANCE AMENDING ARTICLE I OF CHAPTER 13 OF THE MOUNT PROSPECT VILLAGE CODE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That subparagraph 1 of Section 13.107 entitled "Licenses and Permits"of Chapter 13 of the Village Code, as amended, is herebyfurther amended byadding a new paragraph (r) entitled "Class MH Licenses" to read as follows: (R) Class MH licenses. A class MH license shall authorize a hotel to serve complimentary wine and beer only to registered guests between the hours of 4:00 p.m. and 7:00 p.m. Hors d'oeuvres or other food must be served continually during these complimentary wine and beer hours. The provision of such wine and beer shall be limited to persons of the age of 21 years or over and shall take place in a reom or area separate and apart from the lobby of the hotel. The fee for such license shall be set forth in Division II of Appendix D. The wine and beer must be dispensed bya hotel employee. There shall be no self service of any kind for either the beer or ~ne. SECTION TVVO: Division II "Fees, Rates and Taxes" of Appendix A at Section 13.107, "Licenses and Permits," paragraph A shall be amended byadding: "Class MH" for an annual fee of $750.00 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 ,2002. ATTEST: Gerald L. Farley, Village President Velma W. Lowe, Village Clerk MAYOR Gerald L. Fadey Timothy J Corcoran Paul Wm. Hoefert Richard M. Lohrstoder Michaele W Skowron Irvana K. Wilks Michael A. Zadel VILLAGE MANAGER Michael E. Janon~s VILLAGE CLERK Velma W Lowe Village of Mount Prospect 100 South Emerson Street Mount Prospect, Illinois 60056 Phone: (847) 392-6000 Fax: {847) 382-6022 TDD: (847) 392-6064 -NOTICE OF TEMPORARY RELOCATION- AS OF JULY 2, 2002, ALL MEETINGS OF THE MOUNT PROSPECT VILLAGE BOARD AND THE PLANNING AND ZONING COMMISSION WILL BE HELD AT THE CENTRAL COMMUNITY CENTER 1000 W. CENTRAL ROAD MOUNT PROSPECT, ILLINOIS Glen R. Andler Sean R Dorsey Jeffrey A. Wulbecker M. Lisa AngeH R0derick ~ O'D0n0van Mount Prospect Public Works Department 1700 W. (Dentral Ro@d, Mount Peoapeol;, Illinoia 80058-2228 Phone 847/870-5640 Fax 84-7/253-9377 Sandra M. Clark TDD 847/392-1235 SAFETY COMMISSION AGENDA MEETING LOCATION: Public Works Building 1700 W. Central Road Mount Prospect, Illinois 60056 MEETING DATE AND TIME: Monday June 10, 2001 7:30 p.m. II. Ill. IV. V. VI. Call to Order Roll Call Approval of Minutes Citizens to be Heard Old Business New Business A. Request for Parking Restriction Changes Along Wille Street and Henry Street B. Request for Parking Restrictions Along Cathy Lane C. T rcFrflc-Related Issues Along See-Gwun Avenue Commission Issues Adjournment NOTE: ANY INDIVIDUAL WHO WOULD LIKE TO ATTEND THIS MEETING BUT BECAUSE OF A DISABILITY NEEDS SOME ACCOMMODATION TO PARTICIPATE SHOULD CONTACT THE VILLAGE MANAGER'S OFFICE AT 100 SOUTH EMERSON STREET, MOUNT PROSPECT, 847/392-6000, EXTENSION 5327, TDD 847/392-6064. ******** TO ALL COMMISSION MEMBERS ******** ******** IF YOU CANNOT ATTEND THE SAFETY COMMISSION MEETING ******** ******** PLEASE CALL MATT LAWRIE 870-5640 IN ADVANCE ******** Recycled Paper - Printed with Soy Ink G~en R. Andler Phone 847/870-5640 Roderick '~ O'Donovan Paul C. Bures Forestry/Grounds Superintendent Sandra M. Clark Mount Prospect Public Works Oepertment 1700 W. Centrel Road, Mount Prospect, Illinois 60056-2228 Fex 847/253-9377 TDD 847/392-1235 MINUTES OF THE MOUNT PROSPECT SAFETY COMMISSION DRAFT CALL TO ORDER The Regular Meeting of the Mount Prospect Safety Commission was called to order at 7:30 p.m. on Monday, March 11, 2002. ROLL CALL Present upon roll call: Absent: Others in Attendance: Chuck Benoit John Keane Andy Mitchell Carol Tortorello Ted Adamczyk Buz Livingston Matt Lawrie Chairman Commissioner Commissioner Commissioner Police Department Fire Department Public Works/Engineering Division Lee Beening Joan Bjork Paul Bures Commissioner Commissioner Public Works See A~achedAttendance Sheet. APPROVAL OF MINUTES Commissioner Mitchell, seconded by Commissioner Keane, moved to approve the minutes of the regular meeting of the Safety Commission held on December 10, 2001. The minutes were approved by a vote of 5-0. Commissioner Tortorello abstained. Recycled Paper - Printed with Soy Ink CITIZENS TO BE HEARD Mr. Jim Sheehy, 708 See-Gwun Avenue, introduced himself as the spokesman for the residents along See-Gwun Avenue between Golf Road and Lincoln Street. See-Gwun Avenue is the only street between Busse Road and Route 83 that provides vehicular access over the creek. A petition was given to the Safety Commission requesting that the Village address the current traffic safety concerns along the street. Mr. Sheehy claims the issues of speeding and cut- through traffic began with the construction of the bridge over Weller Creek and have only g~tten worse since the Route 83 Reconstruction Project. Mr/Sheehy claims the street was never intended to be a thru street and the Village forced the bridge to be constructed. As a result, the residents have had to live with the consequences and reduced property values. Also, it is his opinion that speed enforcement by the Police Department has been unsuccessful. He believes the street is an "engineering fla~v" and needs to be corrected by the Village. Chairman Bencic asked Traffic Engineer La,m'ie to inform the Safety Commission as to what the Village has done to date on this issue. Mr. Lawrie stated that in 2000 traffic volume and speed data was gathered. Since this was during the Route 83 Reconstruction Project, the data may not be representative of today's conditions. From the study, volume was typical for collector streets and the average speeds varied between 27-30mph. At the time, Staff determined changes were not wan:anted. However, through recent phone conversations with Mr. Sheehy, the Village agreed to take a closer look at the concerns later this Spring. Chairman Bencic asked 'Mr.' Sheehy to expand on the issues frc~.m his perspective. Mr. Sheehy stated that the volume of cars wouldn't be a problem if motorists would adhere'to the speed limit (25mph). He went on to cite different stop sign studies performed in the past along See-Gwun ' Avenue that didn't meet the necessary warrants. He compared other streets in the Village that had stop signs in order to address speeding concerns. Traffic Engineer Lawrie explained stop signs are not an effective solution for speeding issues. Stop signs are used.to clarify the right-of- way and have little influence on vehicles speeds over the entire block. Other concerns such as rolling stops and a false sense of security for pedestrians can be created when unwarranted stop signs are installed. Chairman Bencic explained that over the years standards may have changed and when different areas are annexed into the Village, ail signs, including stop signs, remained in place. But today, the Safety Commission is reluctant to approve stop signs unless they are warranted. At this time, other residents wished to share their concerns. One issue was the sight obstruction the bridge causes for vehicles on Council Trail turning left onto See-Gwun Avenue. It is apparently difficult for motorists to see oncoming vehicles driving ~orth on See~Gwun Avenue. Another issue is the fact the sidewalk is adjacent to the curb between Lonnquist Boulevard and the bridge which makes it dangerous for children to walk. Commissioner Mitchell asked if residents would be willing to allow the Village to move the sidewalk closer to their homes. Those that responded were unsure but thought it would be a good idea to replace the roll curb with barrier curb. Also, there is some sidewalk missing near Lonnquist Boulevard. As a result, residents claim those children waiting for the bus in the morning must stand in the street. Mr. Sheehy continued to press the issue of stop signs along the street to help slo~v down speeds. Other residents suggested turn restrictions, constructing a bridge at Can-dota Avenue, installing a 2 cul-de-sac at Council Trail, and installing traffic circles at intersections. Discussion continued among the Safety Commission and residents as to possible options. Commissioner Tortorello informed the residents of the following night's Village Board Meeting and the beginning discussions of the possibility of widening Busse Road. She mentioned that this could possibly have a benefit to the issues along See-Gwun Avenue. After some more discussion, Chairman Bencic asked Traffic Engineer Lawrie when a study could be done. Mr. Law'de said it would be done in April or May. He would like the golf course to have activity and school to still be in session so as to get the best data. Once the study has been completed, the residents would be invited back to a future Safety Commission Meeting to hear Staff's recommendations and to discuss the issue further. NEW BUSINESS A) UPDATE ON PARKING SITUATION AROUND PROSPECT HIGH SCHOOL 1) Background Information In September 2001, the Village Board of Trustees passed an ordinance restricting parking along various streets around Prospect High School during the school day. As the marching band xvas occupying approximately 140 spaces in the parking lot for their practice, many students were forced to find alternate parking. Some students chose to park on Village streets that caused frustrations from residents and also created traffic safety problems. The parking restrictions have been effective in reducing parking on Village streets. While most students chose an alternate way to getting to school such as carpooling, taking the bus or walking, some students found Village streets that do not have any parking restrictions. However, when band practice ended in October, students were then able to find parking spaces on school property rather than parking on Village streets. While students have been affected by the parking restrictions, residents have been affected as well. They, too, are not allowed to park on the street during the school day. One of the recommendations from the Safety Commission was for the school to build an additional parking lot on school property if the band was to continue to practice in the existing lot. If this would be done, the Village would consider repealing the parking restrictions to benefit the residents. Staff had met with school officials to discuss the parking issue and was told that an additional parking lot was being considered. However, a new lot was not expected to be built until 2004. On February 4*, the Daily Herald had an article on a new artificial turf Prospect High School was considering to purchase for the football field. The benefits include a savings in sod replacement (in the long run), athletic teams could practice and play on the field any time of the year and the band could practice on the field rather than the parking lot. The primary negative to the plan is the initial cost. The new artificial turf would cost approximately $1,000,000.00. The article did not mention a timetable for any decision. In addition, The Mount Prospect Journal has recently written two articles regarding the construction ora new parking lot. At this point, however, the School Board of Education has not 3 2) committed the funds for a new lot in the near future. The Village will continue to work with the school to find a long-term solution to their parking needs. Discussion Traffic Engineer Lawrie provided a brief overview of this issue and made the Safety Commission aware of recent articles in the newspaper regarding this subject. Commissioner Keane expressed his desire to see the school find an alternate location for band practice in order make available 140 parking spaces in the Fall. Chairman Bencic asked if the Village has received complaints from residents since the parking restriction signs were installed. Traffic Engineer Lawrie said that some students were parking on the 400 block of Forest Avenue where there are no parking restrictions. Some residents on this block did express a concern. However, since band practice ended, there have not been any complaints. No additional discussion took place on this issue. No formal vote was necessary. B) UPDATE ON PARKING SITUATION AROUND LIONS PARK ELEMENTARY SCHOOL Background Information In October 2001, the Village Board of Trustees passed an ordinance restricting parking along streets around Lions Park Elementary School during the school day. The Safety Commission heard from teachers and parents about the increasing amount of vehicles dropping-off and '.picking-up students each day. In an effort to improve student safety and traffic moyement around the school', Staff supported the parking restrictions. ' Since the new signs were installed, Staff has seen an improvement in student safety and traffic movement. However, the fact that the school does not have an off-street drop-off and pick-up area often leads to congestion along Council Trail in the morning and afternoon. With more and more students attending the school, it is evident that more and more students are being driven to school. With the presence of classroom trailers in the parking lot, it is clear that the school is in need of more space. Staff has spent a considerable amount of time over the past few years monitoring the traffic situation around the school. It is our belief that the appropriate steps have been taken along Village streets to address the needs of the school, parents and residents while addressing safety concerns. At this point, Staff does not believe additional steps are necessary on the Village's part. However, we have encouraged the school to look into possibilities that could further improve traffic movement and student safety. Currently, only kindergarten students can enter the doors off of School Street. All other students enter off of Council Trail. Based on Staff's observations, School Street is underutilized by parents for drop-off and pick-up. We have suggested to the school that they consider opening up the School Street doors to more students and educate the parents to use School Street. This will help to ease some of the congestion along Council Trail. Second, there is a small parking lot along School Street that could be used as a convenient drop- off and pick-up area. However, the school does not allow parents to use this area as it is 4 2) considered unsafe for students. We have suggested to the school that they consider modifying the area to improve safety and allow for drop-off and pick-up. Third, the Park District owns property directly north of the school. Staff has suggested that the school approach the Park District about purchasing land in order to construct additional parking and provide a dedicated drop-off and pick-up area. All of these possibilities involve decisions to be made by the school. In recent days, the Daily Herald has been reporting that the School Board of Education is considering moving kindergarten students to Lincoln Junior High School in an effort to reduce the number of students attending the elementary school. As the school makes decisions to address the issues that face them, Staff will continue to work with the school. Discussion Traffic Engineer Lawfie provided a brief overview of this issue. Mr. La~vrie mentioned that he met with the school administration and a few parents prior to the Safety Commission Meeting to discuss the current drop*off and pick-up situation. The meeting focused around ways the school could make it easier for parents to drop-off and pick-up their children. The school was appreciative of the Police Department's efforts in enfoming the parking restrictions and believed things ran smoothly when an officer was present: From the meeting, the Village was not asked to formally study or consider any more changes that affect Village streets. No additional discussion took place on this issue. No formal vote was necessary. c) 1) INFORMATION ON VARIOUS PARKING AND TURN RESTPdCTIONS ASSOCIATED WITH VILLAGE PROJECTS PARKING RESTRICTIONS ALONG PROSPECT AVENUE Background Information As a consequence of a train-vehicle crash resulting in a fatality to a motorist in July 2000, the Illinois Commerce Commission (ICC) directed Union Pacific and Metra trains to sound their whistles when crossing Route 83. Through subsequent discussions, the ICC agreed to lift the whistle blowing requirement as long as the Village agreed to close the left-turn lane from eastbound Prospect Avenue to northbound Route 83. Beginning July 21, 2000, the left-turn lane was closed. In August 2000, the Village hired Metro Transportation Group (Metro) of Hanover Park to study the Route 83 / Prospect Avenue intersection as well as the grade crossing. The consultant was directed to provide recommendations to improve safety. A second primary goal was to be able to reopen the left-turn lane without reinstating the ~vhistle blowing requirement. In February 2001, Metro provided the Village recommendations that included changes to the traffic signal, raikoad warning lights, pavement striping and signage. Also, it was recommended that the first two parking spaces along the north side of Prospect Avenue west of Route 83 be eliminated to improve visibility of the railroad tracks. 2) 3) All parties involved in the review process including the Illinois Commerce Commission, Illinois Department of Transportation and the Village supported the recommendations. During the summer of 2001, the recommendations were implemented included eliminating the two parking spaces. The left-mm lane was then reopened in November. In addition, the whistle blowing requirement was not reinstated with the reopening of the left-mm lane. The first 70' west of Route 83 along the north side of Prospect Avenue is cross-hatched in yellow to warn motorists to not park in the area. It has been effective as Staffhas not observed vehicles parking in this area. By not having vehicles parking near the intersection, eastbound Prospect Avenue motorists have a little better visibility of seeing inbound trains approaching the station. Based on observations, Staff does not believe the parking changes have impacted the businesses significantly. There are still ample parking spaces along both sides of Prospect Avenue for patrons of the businesses. Section 18.2005 of the Village Code details those portions of streets that when signs are erected giving notice thereof, no person shall stop, stand or park a vehicle. The portion of Prospect Avenue affected by the request would be included in this section of the Village Code. The Village Board of Trustees previously supported the changes made at the intersection to improve safety. Recommendation As a result of the improvements from this project: The Engineering Staff recommends to approve No Stopping, Standing Parking Any Time signs along the north side of Prospect Avenue for the first 70' west of Route 83. Discussion Traffic Engineer .Lawrie made a brief presentation on this issue. Commissioner Tortorello asked if the intersections of Route 83 & Prospect Avenue and Emerson Street & Prospect Avenue have no left mm signs facing eastbound traffic when a train is approaching. Traffic Engineer Lawrie responded that the Route 83 & Prospect Avenue intersection has no left mm signs that illuminate when a train is approaching. The Emerson Street & Prospect Avenue intersection has warning lights that face eastbound traffic and flash when a train is approaching. No additional discussibn took place on this issue. No formal vote was necessary. i) PARKING RESTRICTIONS ALONG PROSPECT AVENUE Background Information Prior to construction of the lofts and shops along the north side of Northwest Highway between Route 83 and Emerson Street, Northwest Highway had two lanes in each direction along with a center left-mm lane. In order to provide convenient parking for the new shops, the Village allowed a parking lane to be constructed along the north side of the street. 10 new parking spaces are now available. 6 2) 3) As the lofts and shops are still under construction, construction workers primarily occupy the spaces during the day. Temporary parking restriction signs (2-hour Parking, 7am-6pm) have recently been installed by Public Works to avoid having commuters park in the spaces all day. The proposed 2-hour parking restrictions are consistent with parking restrictions on adjacent streets. The time limit will allow people to visit local shops and restaurants while preventing business employees, commuters and local residents from occupying these spaces all day. The spaces along Northwest Highway are not intended to be for long-term parking. The two- hour time limit will ensure a quicker turnaround than long-term parking and provide a greater opportunity for available spaces. Other Village streets in the area allow for a longer time limit for parking. Also, underground parking and street level parking on private property will be provided as part of the development along the north side of North~vest High~vay. In addition, ample parking spaces are provided in the commuter lots as well as along Prospect Avenue for those using the train. As stated above, temporary signs have been installed in the area. Prior to the opening of the first store, it would be Staffs intention to have permanent signs installed. Therefore, in order to assist the Police Department in enforcing the Village's desire to restrict parking along the north side of Northwest Highway, Staff believes it appropriate to include the parking restriction area in the Village Code. Section 18.2011 details those portions of streets that when signs are erected giving notice thereof, no person shall park a vehicle for more than two hours on any day except for Sundays and legal holidays between the hours of 7am and 6pm. The portion of North.w. est Highway affected by the request would be included in this section of the Villhge Code. The Village Board of Trustees has supported the improvements made along Northwest Highway and the adjacent developments. Recommendation As a result of the improvements from this project: The Engineering Staff recommends to approve 2-Hour Parking 7atn-6pm signs along the north side of Northwest Highway between Route 83 and Emerson Street. Discussion Traffic Engineer Lawrie made a brief presentation on this issue. Commissioner Tortorello asked if the Village Code was clear that vehicles could park for an unlimited amount of time in the spaces after 6pm. Traffic Engineer Lawrie responded the Village Code detailed the days and hours that the parking restrictions only applied. Chairman Bencic questioned whether the parking spaces were wide enough to prevent open doors of parked cars from being hit by Northwest Highway traffic. Traffic Engineer La~vrie responded that the spaces were standard width and any driver would have to use caution before opening the door. The situation was not much different than other on-street parking areas in the Village. 7 No additional discussion took place on this issue. No formal vote was necessary. l) 2) TRUCK TURN RESTRICTIONS AT NORTHWEST HIGHWAY & EMERSON STREET Background Information In the summer of 2001, the Village began a downtown streetscape project that included improvements to the intersection of Northwest Highway and Emerson Street. Before construction, Emerson Street had two northbound lanes at Northwest Highway. Traffic in the left lane could turn left or continue straight. Traffic in the right lane could turn right or also continue straight. On the north side of Northwest Highway, the curb lane allo~ved for parking. Therefore, there was only one northbound Iane. Often times, vehicles traveling north on Emerson Street would have to merge into one lane when crossing Northwest Highway. In order to correct this situation, the Village designed the left lane to be left only. This has helped to reduce the potential of vehicles stacked across the railroad tracks] The right lane may turn right onto Northwest Highway or continue straight. To keep northbound vehicles in the travel lane on the north side of Northwest Highway, a curb extension was constructed. Another benefit to the curb extension is it allows for less crossing distance across Emerson Street for pedestrians. It also provides for more storage of pedestrians. Many pedestrians are present in the downtown area because of the train station as well as the shops and restaurants. Staff was aware that the new configuration of the intersection may make it difficult for trucks to make th.e Gm onto northbottnd Emerson Street without swinging out into-the southbound lanes or traveling on the sidewalk. The design included signs that would be installed to prevent truck~ ' from turning at this location. Even though signs have only been installed to prevent trucks from turning onto northbound Emerson Street, Staff is considering restricting turn movements for trucks onto southbound Emerson Street as well. There is only one southbound lane south of Northwest Highway. Trucks, therefore, have a difficult time staying in their lane when making the turn. Section 18.2017 details restricted intersection movements. The Village Code would include no right turns from northwestbound Northwest Highway onto northbound Emerson Street and no left turns from southeastbound Northwest Highway onto northbound Emerson Street for trucks. In addition, the Village Code may include no right turns from southeastbound Northwest Highway onto southbound Emerson Street and no left turns from northwestbound Northwest Highway onto southbound Emerson Street for trucks. The Village Board of Trustees has supported the improvements made as part of the downtown streetscape project. Recommendation As a result of the improvements from this project: The Engineering Staff recommends to approve no right turns and left turns fram Northwest Highway onto Emerson Street for trucks. 8 3) Discussion Traffic Engineer Lawrie made a brief presentation on this issue. Captain Livingston expressed a concern with the potential difficulty of emergency vehicles making the turn from northwestbound Northwest Highway onto southbound Emerson Street. He is not aware of any previous problems but if they begin to occur, he would ask that Staff consider moving the stop bar back to allow emergency vehicles to make the mm. Chairman Bencic asked the definition of a truck as it applies to this situation. Commissioner Mitchell responded that he believes any vehicle that has a D license is considered a truck. Traffic Engineer Lawrie said the turn restriction applies to any long vehicle that cannot make the turn. No additional discussion took place on this issue. No formal vote was necessary. 1) TURN RESTRICTIONS ALONG ROUTE 83 Background Information Many of the signs that were removed as part of the Route 83 Reconstruction Project have only recently been re-installed by the Illinois Department of Transportation. Staff has taken the opportunity to review the Village Code to make sure IDOT has installed the appropriate signs. Based on our review of the Village Code and observations of the signs in the field, Staff has determined it necessary to add and delete some turn restrictions from the Village Code. There are 5 turn restrictions that should 'be deleted from the Village Code based on Staff's review. These turn restrictions were enacted at the time Route 83 and Lincoln Street did not have a traffic signal. With the installation of the traffic signal many years ago and the reconfiguration of the intersection, the turn restrictions should have been removed from the Village Code at that time. In any event, it is appropriate for the following turn restrictions to be removed from Section 18.2002 (Prohibited Tums) of the Village Code: Name of Street Direction Prohibited Turn Onto Elmhurst Ave. Southbound Left Lincoln St. Elmhurst Ave. Southbound Left Route 83 Route 83 Northbound Left Elrnhurst Ave. Route 83 Southbound Right Elmhurst Ave. Route 83 Northbound Left Lincoln St. There are 2 turn restrictions that should be added to Section 18.2002 of the Village Code based on Staff's review. Signs have been in place for many years at the intersection of Route 83 and Milburn Avenue even though the turn restrictions are not specified in the Village Code. This stretch of Route 83 is often congested because of the intersection's close proximity to the railroad tracks and allowing certain turning movements would be difficult and add to the congestion. Therefore, the signs are appropriate.and should remain in place. The following turn restrictions will be added to the Village Code: ) 3) Name of Street Direction Prohibited Turn Onto Route 83 Northbound Left Milburo Ave. Route 83 Southbound Left Milburn Ave. Section 18.2017 details restricted intersection movements. Milburn Avenue at Route 83 has signs in place that allow right tums only onto Route 83. Again, be~auie of the intersection's close proximity to the railroad tracks, the signs are apprOpriate and should remain in place. The Village Code will include right tums only from eastbound and westbound Milburn Avenue onto Route 83. Recommendation As a result of the improvements from this project: The Engineering Staff recommends to approve the additions and deletions of the above- mentioned turn restrictions to the Village Code. Discussion Traffic Engineer Lawrie made a brief presentation on this issue. Commissioner Tortorello asked ifa motorist on Milburn Avenue is allowed to cross Route 83 and continue on. Traffic Engineer Lawrie responded that according to the signs in-place, a motorist is only allowed to turn right onto Route 83 whether driving eastbound or westbound on Milburn Avenuel No addi.tional dis'cussion to$k place on this issUe. No formal vote was..nec, essary. D) i) INFORMATION ON 2002 STATE AND COUNTY ROAD PROJECTS Background Information The following road work has been scheduled by the Illinois Department of Transportation and Cook County Highway Department for 2002 in the Village of Mount Prospect. 2. 3. 4. 5. Algonquin Road Resurfacing Project - Arlington Heights Road to Wolf Road Golf Road Resurfacing Project - Arlington Heights Road to. Wolf Road Busse Road Resurfaeing Project- Golf Road to 1-90 Tollway. River Road Resurfacing Project - Milwaukee Avenue to Golf Road Route 83 Cracksealing Project- Golf Road to 1-90 Tollway In addition, Cook County has scheduled the widening of Busse Road between Central Road and Golf Road as part of their 5-year plan. Staff will be in attendance at the March 12, 2002 Village Board Meeting to begin discussions of this future project. Residents in the area have been notified of the meeting and invited to share their opinions. As of yet, the exact scope of the project has not been determined,. In the near future, Staff will meet with Cook County representatives to discuss the specifics of the project. ) Discussion Traffic Engineer Lawrie made a presentation on this issue. There was some discussion among the Safety Commission members over the benefits of widening Busse Road such as alleviating traffic ~ongestion. No additional discussion took place on this issue. No formal vote was necessary. OTHER COMMISSION ISSUES Commissioner Keane asked if See-Gwun Avenue was scheduled to be resurfaced in the near future. Traffic Engineer Lawrie believed it was but was unsure of the limits and the year it is to be done. Commissioner Keane thought if any changes were to be made to the roadway as a result of a traffic study, it would be good to incorporate them into the resurfacing project. Commissioner Tortorello added that it may be possible to install sidewalk along See-Gwun Avenue with block grant funds if it becomes available. No other Safety Commission items were brought forth at this time. ADJOURNMENT With nO further business to discuss, the Safety Commission voted 6-0 to adjoum at 9:15. p.m. 'd~on thc. motion of Commissioner Keane. Commissioner Tortorello seconded the motion. Respectfully submitted, Matthew P. LaW~e~,~. Traffic Engineer x:~leskengin eer~sa fecomm\traffickrec s &minXmarch02min.doc ILLAGE OF MOUNT pROSPE[-~T SAFETY r-OMMISSION MEETING ATTENDANCE SHEET March 11, 2002 7:30 P.M. NAME ADDRESS PHONE NUMBER