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HomeMy WebLinkAboutCOW Agenda Packet 12/13/2005 )~~~:~~ II~~~~~'A-\\ Il~.~~: >1~~:'S' Dr ....n! il"~'l',d M. <' 'M_\~ \~". ~ ___;. , ,,' ../j J "'<'-1m // ~_I I/' , COMMITTEE OF THE WHOLE AGENDA Meeting Location: Mount Prospect Village Hall 50 South Emerson Street Meeting Date and Time: Tuesday, December 13, 2005 7:00 p.m. I. CALL TO ORDER - ROLL CALL Mayor Irvana K. Wilks Trustee Timothy Corcoran Trustee Richard Lohrstorfer Trustee Paul Hoefert Trustee Michaele Skowron Trustee John Korn Trustee Michael Zadel II. ACCEPTANCE OF MINUTES OF NOVEMBER 8,2005, COMMITTEE OF THE WHOLE SPECIAL MEETING OF NOVEMBER 15, 2005 AND MINUTES OF NOVEMBER 22, 2005 III. CITIZENS TO BE HEARD A. Holiday Decorating Awards IV. RETAIL RECRUITMENT PROPOSAL The recruitment of destination retail and entertainment is a major goal in our strategy for the health of downtown Mount Prospect. Retail is a difficult business, often dominated by national chains. Regionally, there is a growing base of locally owned ("mom and pop") stores that are carving niches for themselves in the competitive retail world. These stores often become local landmarks, adding to a community's "sense of place," and helping create an image of the community to others. Prime examples in downtown Mount Prospect include Continental Bakery, Keefer's Pharmacy, Busse Flowers and Capannari's Ice Cream. To date, the Village has pursued a mix of local and national retailers. It is easier to find the national tenants because the commercial brokers attend certain conventions such as the International Council of Shopping Centers (ICSC) and their news is reported in a variety of trade journals. Identifying successful locally owned stores is a harder process, but there is a proven process that can reap results. In an effort to attract such niche retail and entertainment uses, staff is proposing to hire a "Retail Recruitment Specialist" on a contractual basis. Appropriate staff will be on hand to answer questions and facilitate discussion. NOTE: ANY INDIVIDUAL WHO WOULD LIKE TO A TTEND THIS MEETING BUT BECAUSE OF A DISABILITY NEEDS SOME ACCOMMODA TION TO PARTICIPA TE, SHOULD CONTACT THE VILLAGE MANAGER'S OFFICE A T 50 SOUTH EMERSON, MOUNT PROSPECT, ILLINOIS 60056, 847/392-6000, EXTENSION 5327, TDD #847/392-6064. V. LIGHTING REGULATIONS The Village Board discussed modifications to the Village's outdoor lighting regulations at the September 27,2005 Committee of the Whole meeting. At that time, staff recommended modifying the Zoning Ordinance to require only flat lens fixtures be used. In addition, the Zoning Ordinance could further be modified to specifically state that wall pack lights must be fully shielded. The purpose of these changes is to minimize glare as much as possible. Staff also suggested allowing "task focused lights" when requested for gas stations, banks or similar uses. The fixture will extend past the plane of the canopy; however, it will be directed in a manner that would not create light spillage or glare. Therefore, additional lighting may be provided without creating adverse impacts on the environment (light pollution) or adjacent properties (glare). As requested by the Village Board, the Planning Division reviewed proposed lighting modifications with the Crime Prevention Bureau (CPB). The CPB was in favor of the changes because light levels would remain uniform, glare would be minimized and an alternative type of light fixture would be permitted where a higher level of lighting would be necessary but does not create "dark spots." The CPB stated the proposed changes would be an asset to the community and create well-lit environments. Attached is a draft of the Ordinance staff would present to the Planning and Zoning Commission for their review and recommendation as a Text Amendment. The Ordinance would then require final review and approval by the Village Board. VI. CIRCULAR DRIVES The Village has received an increased number of requests for circular driveways in the past several years. The majority of these requests have been in conjunction with residential tear down and top-off projects that are occurring throughout town. The Village's current regulations require that property owners obtain a conditional use permit prior to constructing a circular driveway. This issue was discussed at the Committee of the Whole meeting on September 27. Staff prepared exhibits that depicted circular driveways on various lot widths. The exhibits were intended to illustrate the impact of circular driveways and help identify situations where a circular driveway would and would not be appropriate. The objective was to ascertain whether new standards for approving circular driveways should be used when reviewing requests. The Village Board asked staff to revisit the scenarios that were presented to include: 1} circular drives with a 12' width, instead of 9'; 2} turning radii that met industry standards; and 3} visualizations with vehicle placement. The consensus from the September COW meeting was the circular driveway requests should: 1} not be required to provide landscaping; or 2} be constructed of decorative materials and 3} should continue to be a Conditional Use that would require Village Board approval. Attached are new scenarios that illustrate when circular driveways could be feasible and practical in residential zoning districts, pending changes to the criteria for approving requests. Appropriate staff will be on hand to answer questions and facilitate discussion. VII. ADMINISTRATIVE ADJUDICATION PROCESS At the October 11,2005 Committee of the Whole meeting the Community Development Department staff proposed the addition of an alternative due process commonly referred as Administrative Adjudication. This alternative due process requires the use of a hearing officer and stringent notice requirements and serves as an alternative to the housing court call at the Cook County Court - 3rd District. The Village Board directed the staff to move forward with the development of the Administrative Adjudication process at the conclusion of the October 11 discussion. Staff undertook additional research with the assistance of the Village Attorney in charting the process and tailoring the process to the enforcement needs of the Village. Staff also undertook field trips to several other municipalities to observe the Administrative Adjudication process live and had the opportunity to discuss the process with the respective staffs of the communities observed. Furthermore, staff had the opportunity to discuss the process with a hearing officer to gather insight into the process and its value from a hearing officer's perceptive. This research has resulted in the packet presented for consideration at this time. Staff is requesting the ability to define violations as one of two tiers depending on the severity and whether the offender is a first time offender. The opportunity to utilize the two tier approach will allow a measured response. Samples of notices of violations are provided for informational purposes along with a flow chart of the inspection and Administrative Adjudication process. Staff has also received a proposal from a computer programmer that has created an automated tracking and notice systems to assist in the Administrative Adjudication process. A similar program was in place at the other communities that were visited by staff and there is substantial value in having such a system available. The proposed computer program will also link with existing databases to create a record of all relevant information related to any violation logged by address and all necessary back-up data. Staff is requesting Village Board direction to complete the Administrative Adjudication draft ordinance based on the processes that are outlined in this packet and the authorization to enter into a contract to purchase computer programming services for an automated tracking and notice system. Staff would further request direction as to the proposed recruitment of the potential hearing officer. Appropriate staff will be on hand to answer questions and facilitate discussion. VIII. VILLAGE MANAGER'S REPORT IX. ANY OTHER BUSINESS X. ADJOURNMENT CLOSED SESSION PROPERTY ACQUISITION 5 ILCS 120/2 (c) (5). "The purchase or lease of real property for the use of the public body." LITIGATION 5 ILCS 120/2 (c) (11). "Litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered into the minutes of the closed meeting." MINUTES COMMITTEE OF THE WHOLE NOVEMBER 8, 2005 I. CALL TO ORDER The meeting was called to order at 7:11 p.m., in the Village Board Room of Village Hall, 50 South Emerson Street, by Mayor Irvana Wilks. Present at the meeting were: Trustees Timothy Corcoran, Paul Hoefert, John Korn, Richard Lohrstorfer, Michaele Skowron and Michael Zade!. Staff members present included: Village Manager Michael Janonis, Assistant Village Manager David Strahl, Fire Chief Michael Figolah, Deputy Fire Chief John Malcolm, Fire Marshal Paul Valentine, Battalion Chief Chris Truty, Human Services Director Nancy Morgan, Finance Director David Erb, Deputy Finance Director Carol Widmer, Police Chief Richard Eddington, Deputy Police Chief Michael Semkiu, Public Works Director Glen Andler, Deputy Public Works Director Sean Dorsey and IT Director Joan Middleton. II. MINUTES Approval of Minutes of October 25, 2005. Motion made by Trustee Korn and Seconded by Trustee Zade!. Minutes were approved. III. CITIZENS TO BE HEARD Wes Pinchot, 747 Whitegate, spoke. He stated that he feels the new sewer rate charge should be only applied to residents who are serviced by the combined sewer areas. He also felt that the water rate increase was a substantial burden for fixed income residents. He also stated that he felt that the garbage payment system as it exists today should remain the same. Village Manager Janonis stated it was difficult to apply individual costs to residents for services provided to the entire Village. It was also noted that the flood control costs were borne by all users of the system so this is a consistent application for all users to assist in payment of the combined sewer upgrades. Kathy Montalbano, 1185 Linneman, spoke. She was concerned that the individual billing of garbage will be an additional cost borne by the residents. Roger Kruse, 515 South Louis, spoke. He stated that the proposed increase in garbage costs are not going to be offset by the vehicle sticker elimination and is concerned by utility tax increase on higher bills this coming winter. 1 IV. 2006 BUDGET DISCUSSION Mayor Wilks provided some general opening remarks regarding the general process for discussion and the different options to pay for services. Village Manager Janonis provided an overview of the Budget. He stated that the operating budget includes a 5.2% increase with a proposed General Fund deficit of $1.1 million as presented. The additional staffing included in this budget proposal include five (5) Police Officers, three (3) Firefighters, one (1) position in Community Development and one (1) position in the IT Division. This includes no General Fund transfer to Capital Improvement Fund and currently there is approximately $2.95 million worth of capital projects that have been deferred. He stated the Refuse Levy does not cover the actual cost of the service which equates to approximately $709,000. The proposed revenue options raise approximately $1.8 million and address the deficits for the General Fund and Refuse. Police Department Overview Chief Eddington provided an overview of the Department including the review of the 2005 accomplishments and 2006 goals. He stated the budget includes a 10% increase which is primarily the cost of five new positions for the Traffic Unit. He stated 80% of this budget is wages and benefits. He stated the capital items that have been recommended included a mobile video recorder upgrade, a prisoner transport van and new office chairs. He also stated there is likely a Live Scan replacement on the horizon if grants become available. He stated in the future, he would like to discuss a neighborhood outreach presence with the Board and is in the process of working with the Fire Department on a Space Needs Study for the Public Safety Building. There was general discussion regarding the proposal of the additional Officers and the equipment related to the Traffic Unit start up. Chief Eddington stated the Traffic Unit assignments will be based on targeted enforcement needs. He also stated the prisoner transport vehicle would be a specialized vehicle with components unique to that operation. An inquiry was also made regarding the use of Officer Burrell's time relating to IT issues. The Chief stated that approximately 30% of Officer Burrell's time was related to IT issues within the Department. Fire Department Overview Chief Figolah provided an overview of the Department accomplishments and goals for 2006. He also highlighted the space needs issues of the Department. He stated that his budget includes an increase of 5.2% and that is primarily a result of the three additional Firefighters as proposed. He stated the additional Firefighters would allow the Department to run an additional engine. The engine would be staged out of the main downtown station. He stated that this should address the concern of automatic aid and response times which will be balanced with the addition. He also stated there will be an emergency training exercise in 2006. 2 Finance Department Overview Finance Director Erb provided a summary of the accomplishments and objectives for the Department. He stated his Department budget includes a 4.2% increase with the majority of the increase related to wages and benefits. He provided a summary of non- Department items and stated there are no significant changes in that budget. Summary of Debt Service Finance Director stated two General Obligation Bonds were paid off in 2005 and the debt as a percentage of the EA V stands at 3.1 %. Pension BudQets Finance Director Dave Erb stated the pension budgets include a 4.25% increase in pension costs. Insurance BudQet Finance Director Dave Erb stated the insurance budget includes a 12% increase relating to liability insurance premiums and increases in Workers' Compensation claim costs. He is also proposing an inventory of fixed assets for the coming year. He stated the Mount Prospect Library budget was proposed with a 5% decrease in total budget with a General Fund budget increase of 7.8% with their portion of the Property Tax Levy amounting to 4.9% increase. VillaQe ManaQer's Office BudQet Overview Village Manager Janonis provided an overview and highlights of functions of the Village Manager's Office. The Village Manager's Office budget includes Public Representation, Village Manager's Office, Human Resources, Public Information, Television Services, Village Clerk and Information Technology. He said the overall increase in budget is related primarily to wages and benefits costs. There is also a position proposed for the IT Division. There was extensive discussion regarding the additional proposed position for the IT Division and how the various duties would be rearranged to improve operations of the IT Division. George Clowes, 604 South Elm, spoke. He felt the Village should pursue technological benefits without increasing staff and felt like the increase in productivity would be an outgrowth of technological benefits. He likes that the Village Board packets are on line, but staff have some issues and the 2006 budget was not on line. Finance Commission Recommendations Chuck Bennett, Chairman of the Finance Commission, spoke. He stated the Commission recommends postponing the Community Development and IT positions for 2006 and recommends an increase in the resident ambulance fee, an increase in the Motor Fuel Tax and do not want to change the garbage collection system nor eliminate the vehicle sticker. 3 Ann Smilanic, of the Finance Commission, spoke. She stated she was concerned about the change in Village Board philosophy. The change in the garbage should be based on actual volume. Carol Tortorello, 223 South Elmhurst Avenue, spoke. She stated she feels the garbage collection should not be switched to a direct bill. Norma Morsca, 102 North Wille, spoke. She stated she has concerns about where the revenue from the General Fund is once it is generated through refuse collection. She also stated she has concerns about the toter use impact on senior citizens. George Clowes, 604 South Elm, spoke again. He stated the Village Board should look at head count and see where some reductions can be made. He stated the head count has increased by 20 people over the last 10 years and has concerns about adding the Community Development position. He also stated that he is concerned about the Village utilizing revenue from the TIF extension before the money is actually generated. John Kellerhals, Finance Commission, spoke. He stated that he wanted to thank the staff for their presentations in working with the Finance Commission during this past budget cycle. He also stated he feels the IT position should remain out of the 2006 budget for now. Village Manager Janonis stated there are several issues that are remaining including the need to address the General Fund deficit, the garbage collection system which will need to be discussed at the next available meeting. VIII. ADJOURNMENT There being no further business to discuss, the meeting adjourned into Closed Session at 11 :26 p.m. The meeting reconvened into Open Session at 11:49 p.m. and immediately adjourned since there was no further business. ~ s.-ti(J DAVID STRAHL Assistant Village Manager DS/rcc 4 Minutes Committee of the Whole Special Meeting November 15, 2005 I. CALL TO ORDER Mayor Irvana Wilks called the Special Meeting to order at 8:10 p.m. Present: Trustees Timothy Corcoran, Paul Hoefert, A. John Korn, Richard Lohrstorfer, Michael Skowron and Michael Zade!. Staff members present included: Assistant Village Manager David Strahl, Finance Director David Erb, Deputy Finance Director Carol Widmer, IT Director Joan Middleton, Human Services Director Nancy Morgan, Public Works Director Glen Andler, Public Works Deputy Director Sean Dorsey, Community Development Director William Cooney, Chief of Police Richard Eddington, Deputy Fire Chief John Malcolm and Battalion Chief Chris Truty. II. CONTINUATION OF VILLAGE BOARD BUDGET DELIBERATIONS Opening Remarks Mayor Wilks provided an overview of the order and manner in which continued deliberations of the 2006 Budget would be conducted. Stating expenditures would be considered first, Mayor Wilks explained that the Village Board's decision on the proposed new positions would determine the amount of revenue needed to be raised. (The 2006 deficit stands at $1,111,179.) Revenue considerations would include Vehicle Stickers, Direct Charge for Residential Solid Waste Services, Finance Commission Recommendations, and if needed, Other Funding Alternatives. Expenditure Considerations .:. Personnel Police Department - $305, 833 Five (5) - member traffic unit, one (1) sergeant and four (4) patrol officers A recommendation was made to approve the four (4) patrol officers and eliminate the sergeants position. Chief Eddington stated to maximize the productivity of the traffic unit he would recommend maintaining the sergeant's position and eliminating one (1) patrol officer. A motion to approve a four (4) member traffic unit of one (1) sergeant and (3) patrol officers was moved and seconded. Bya show of hands, the Village Board approved the four (4) new positions in the Police Department. The cost for the traffic unit was reduced by $70,106. Fire Department - $203, 367 Three (3) new firefighters A motion to approve the three (3) new firefighter positions was moved and seconded. By a show of hands, the Village Board unanimously approved the three (3) new positions. Community Development Department - $60,000 One (1) new property maintenance inspector Village Administrationllnformation Technology - $71,000 One (1) IT Technician Page 2 COW 11/15/05 A motion was made to eliminate both the property maintenance inspector position and the IT Trainer position. The Village Board recognized there may be a need for the additional staff but budgetary constraints prohibited the two new positions. Ms. Middleton stated the IT technician would optimize the efficiency and effectiveness of Village staff and programs. She indicated the IT technician would be able to respond to the day to day computer support questions from staff, allowing more time for developing and implementing software programs designed to streamline administrative processes and enhance productivity. The Village Board suggested the position could be brought back for consideration in the 2007 budget. By a show of hands, the Village Board unanimously removed the positions of the property maintenance inspector and IT Trainer for the 2006 Budget. Overall Expenditures Mayor Wilks asked for a motion to increase the amount of money allocated to the Lions Club for the 4th of July fireworks. A motion for an increase of $1,000 for 4th of July fireworks was moved and seconded. By a show of hands the Village Board approved the $1,000 increase; line item increased from $2500 to $3500. The proposed budget allocates $40,000 to the Historical Society. It was recommended that the Historical Society give an overview of their activities and fundraisers at a 2006 Committee of the Whole meeting. Mr. Frank Corry, Historical Society, thanked the Village Board for their support. Expenditures - Citizens' Remarks Comments/suggestions from residents in the audience as well as from phone-ins were presented. The following residents expressed their comments and recommendations to the Village Board. · Mr. Dennis O'Meara, 105 North Cathy · Mr. George Clowes, 604 South Elm · Mr. Francis Vlazny, 2103 Jody Court. Finance Director David Erb reported that with the elimination of three positions and the contribution increase for fireworks the total in the proposed expenditure reductions was $200,134. Mr. Erb stated with the proposed reductions the 2006 Budget deficit was now $911, 179. Mayor Wilks stated the Village Board would now look at Revenue sources to address the $911,179 deficit. Revenue Considerations .:. Vehicle Stickers Trustee Corcoran presented a comprehensive analysis of the value added versus the non- value added from the Village's vehicle sticker program. Trustee Corcoran compared the cost of the program to the revenue generated. 38% of the revenue generated from the stickers accounts for program costs and uncollected revenue. The vehicle sticker program generates approximately $1.3 million annually. Page 3 COW 11/15/05 A general discussion of the vehicle sticker program was conducted including the equity and efficiency of the program and resident's receptiveness to the program. .:. Direct Charge for Residential Solid Waste SeNices As a cost efficient alternative Trustee Corcoran presented a comprehensive analysis of residential solid waste seNices and costs per the terms of the ARC contract and SWANCC fees. Residential solid waste services are currently paid through the property taxes, under the proposed direct charge system residents would be billed for this service at $211 a year. A general discussion was held on the proposal to direct bill for residential solid waste seNices. Discussion included a comparison of the efficiency of the direct bill concept versus the inefficiency of the vehicle sticker program. The proposal to eliminate the vehicle sticker fee was based on the inefficiency of the program, and not to be considered a trade-off for the proposed direct bill for solid waste seNices. .:. Finance Commission Recommendations Finance Commission Chairperson, Mr. Charles Bennett, presented the Commission's recommendation for balancing the budget. The Commission recommended the Village institute an ambulance fee billed to insurance companies and Medicare. Mount Prospect residents using the Village's ambulance but do not have any type of insurance coverage would not be billed; estimated revenue approximately $800,000. The Commission recommended a motor fuel tax increase of 1 additional cent; estimated revenue $150,000. The Commission recommended keeping the cost for solid waste services on the property tax and continuation of the vehicle sticker fee. Revenue - Citizens' Remarks Comments/suggestions from residents in the audience as well as from phone-ins were presented. The following residents presented their comments and recommendations to the Village Board. Mr. Dennis O'Meara, 105 North Cathy Mr. George Clowes, 604 South Elm Mr. Francis Vlazny, 2103 Jody Court Ms. Ann Smilanic, 409 South Candota, Ms. Smilanic, Finance Commission member, commented on the Finance Commission's recommendations for revenue sources. Following substantial discussion of the vehicle sticker program and the direct charge proposal the Village Board considered the Finance Commission's recommendations. A motion to approve the ambulance fee was moved and seconded. By a show of hands, the Village Board unanimously approved the ambulance fee. A motion to increase the local motor fuel tax from $0.01 to $0.02 was moved and seconded. By a show of hands, the Village Board unanimously approved the $0.01 increase in the local motor fuel tax. The Village Board returned to the discussion of the vehicle sticker fee. Mr. Erb provided an update of the budget that reflected the additional revenue from the ambulance fee and motor fuel tax. Page 4 COW 11/15/05 Using the additional revenue he then presented the budget using the revenue from the vehicle stickers, leaving a ($125,000) deficit and without the revenue from the vehicle stickers leaving a budget deficit of ($1,118,179). In a joint discussion of the vehicle sticker program and direct billing for solid waste services, Trustee Korn also recommended the dog license fee be eliminated. The elimination of the dog license fee which was presented as another high effort program would result in a $10,000 reduction in revenue. In response to the Village Board's questions as to where the revenue will come from if the vehicle sticker program and licensing fees were eliminated Mr. Erb presented several budget scenarios including the impact to property taxes if the cost for solid waste services remained on the property taxes. Ms. Smilanic, Mr. Vlazny, Mr. O'Meara, Mr. Clowes as well as comments from the phone- calls regarding the vehicle sticker program and the direct charge for solid waste services were made. The Village Board continued with questions and comments regarding funding of the general and refuse funds. The Village Board expressed concern and little support for either raising the property tax to cover the refuse fund deficit, or the $211 direct charge for solid waste services. However, in support of the direct charge concept the Village Board considered Trustee Skowron's proposal to implement a modest direct charge to residents for solid waste services. The direct charge for residential solid waste services would be $75 per year rather than $211. To allow Mr. Erb sufficient time to calculate the various budget scenarios including the new direct charge proposal, Mayor Wilks called for a brief recess at 10:50 p.m. Mayor Wilks reconvened the meeting at 11 :00 p.m. Mr. Erb provided a comprehensive summary of the revenue options available to balance the 2006 budget. Mr. Erb noted that with the proposed $1,020,000 generated from the $75 direct user fee, and keeping the vehicle sticker program there would be a surplus in the Village budget for years 2006 and 2007. Mr. O'Meara and Mr. Clowes commented on the revenue alternatives and their potential impact on residents. In reaching a general consensus to reduce the proposed increase in the tax levy the Village Board proceeded with the following items. A motion to approve the elimination of the dog license fee was moved and seconded. By a show of hands, the Village Board approved the elimination of the dog license fee. A motion to approve the vehicle sticker program for the 2006 budget was moved and seconded. By a show of hands, the Village Board approved the vehicle sticker program for the 2006 budget. A motion to approve a modified direct charge of $75 per year for solid waste services to single-family homes and proportional amounts to all multifamily properties was moved and seconded. By a show of hands the Village Board unanimously approved the modified solid waste services direct bill to all single and multifamily properties. Page 5 COW 11/15/05 A motion to approve a 7.66% property tax increase was moved and seconded. Bya show of hands the Village approved a 7.66% property tax increase for the 2006 budget. With the approval of these items Mr. Erb stated the 2006 budget would have a surplus of approximately $775,000. The Village Board asked Mr. Erb to prepare a summary of the 2006 budget with the approved funding alternatives. III. ADJOURN Trustee Lohrstorfer seconded by Trustee Zadel moved to adjourn the meeting. The meeting was adjourned by a verbal vote at 11 :35 p.m. Respectfully submitted, M. Lisa Angell Village Clerk MINUTES COMMITTEE OF THE WHOLE NOVEMBER 22, 2005 I. CALL TO ORDER The meeting was called to order at 7:08 p.m., in the Village Board Room of Village Hall, 50 South Emerson Street, by Mayor Irvana Wilks. Present at the meeting were: Trustees Timothy Corcoran, Paul Hoefert, John Korn, Richard Lohrstorfer, Michaele Skowron and Michael Zadel. Staff members present included: Village Manager Michael Janonis, Assistant Village Manager David Strahl, Finance Director David Erb, Police Chief Richard Eddington, Public Works Director Glen Andler, Deputy Public Works Director Sean Dorsey and Deputy Finance Director Carol Widmer. II. MINUTES Request to defer Minutes of November 8, 2005. Motion made by Trustee Zadel and Seconded by Trustee Skowron to defer Minutes until December 13, 2005. Request to defer Minutes of November 15, 2005. Motion made by Trustee Zadel and Seconded by Trustee to defer the Minutes until December 13, 2005. III. CONTINUATION OF VILLAGE BOARD 2006 BUDGET DELIBERATIONS Finance Director Dave Erb provided a summary of the Budget considerations that were discussed by the Village Board on November 15, 2005. · The new staffing items that were approved were the addition of three (3) Police Officers and one (1) Sergeant for Traffic Control Unit and the addition of three Firefighters. The additional positions in Community Development and IT were not approved. · There was also direction to increase the fireworks contribution for the 4th of July celebration from $3500 to $4500. · Revenue enhancements included the expansion of ambulance billing to include residential billing. · Increase Motor Fuel Tax from 1 cent per gallon to 2 cents per gallon. · Increase Property Tax Levy by 7.66%. · Institute a direct charge for garbage in the amount of $75.00 per single-family home annually and eliminate the Dog Licensing Program. There was general discussion among Village Board members regarding the usage of the proposed surplus for 2006. There was some discussion directing the surplus into the General Fund while other discussions included directing any reserve over the standard 25% into Capital Improvement Fund. 1 Village Manager Janonis stated that until the surplus actually materializes, it would be possible to hold the discussion until the Mid-Year Budget Review and at that time, staff would have a better idea on the amount of the actual surplus to be considered. Finance Director David Erb stated the projected average Property Tax increase equated to $54.00 from the previous year with this Property Tax increase proposal. Dennis O'Meara, 105 Cathy, spoke. He questioned the detail of the revenue proposal and the details regarding the ARC contract. VIII. ADJOURNMENT There being no further business to discuss, the Committee of the Whole adjourned at 7:49 p.m. CLOSED SESSION The Closed Session was cancelled. '~~s:6/f DAVID STRAHL Assistant Village Manager 2 MEMORANDUM Village of Mount Prospect Community Development Department TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: DECEMBER 7,2005 SUBJECT: LIGHTING REGULA TrONS Outdoor Li2htin2 Fixtures The Village Board discussed modifications to the Village's outdoor lighting regulations at the September 27, 2005 Committee of the Whole meeting. At that time, Staff recommended modifying the Zoning Ordinance to require only flat lens fixtures be used. In addition, the Zoning Ordinance could further be modified to specifically state that wall pack lights must be fully shielded. The purpose of these changes is to minimize glare as much as possible. Staff also suggested allowing 'task focused lights' when requested for gas stations, banks, or similar uses. The fixture will extend past the plane of the canopy; however it will be directed in a manner that would not create light spillage or glare. Therefore, additional lighting may be provided without creating adverse impacts on the environment (light pollution) or adjacent properties (glare). Another type of lighting fixture discussed at the September COW meeting was bollard lighting. After further research, Staff learned that this type of light fixture was appropriate for walking paths or trails because it provided a low level of continual light close to the ground. Most of these fixtures are full-cut off (light does not shine 'up', just 'down') and there are styles that have the bulb recessed, so it is not exposed. Therefore, this type of fixture may be appropriate for certain developments and could be permitted by the Zoning Ordinance subject to the fixture's design. As requested by the Village Board, the Planning Division reviewed proposed lighting modifications with the Crime Prevention Bureau (CPB). The CPB was in favor of the changes because light levels would remain uniform, glare would be minimized, and an alternative type of light fixture would be permitted where a higher level of lighting would be necessary but does not create 'dark spots'. The CPB stated the proposed changes would be an asset to the community and create well-lit environments. Attached is a draft of the ordinance Staff would present to the Planning & Zoning Commission for their review and recommendation as a Text Amendment. The ordinance would then require final review and approval by the Village Board. ~l Lighting Regulations Committee of the Whole Meeting November 22, 2005 Page 2 Proposed Text Amendment to Sec. 14.314 shown in bold text 14.314: OUTDOOR LIGHTING REGULATIONS: All outdoor lighting, except for streetlights, shall be subject to the following general requirements (Note: Additional regulations for parking lot lighting are included in section 14.2219 of this chapter): A. Glare Onto Adjacent Properties: Electric lighting used to illuminate outdoor areas shall be directed in such a way as to prevent light trespass or direct glare onto adjacent properties and rights of way. B. Fixture Design: Outdoor lighting fixtures in nonresidential locations must comply with the following limitations: 1. Full Cutoff Luminaries: Full cutoff luminaries with a total cutoff angle of not more than ninety degrees (900) shall be used. The director of community development may approve cutoff angles greater than ninety degrees (900) or the use of fixtures without full cutoff luminaries upon submission of information conclusively demonstrating that the proposed lighting will not cause glare on adjacent properties. 2. Canopy Lighting: All lighting mounted under a canopy, including, but not limited to, luminaries mounted on or recessed into the lower surface of a canopy, shall be full cutoff. 3. Flat lens are required for allli2htin2 fixtures. 4. Wall pack li2hts. where used. shall be full cut-off and fully shielded. 5. Task focused li2htin2 is permitted at 2as stations. ATM drive-thrus. and similar uses as approved by the Director of Community Development. and must include an internal louver so the li2ht focuses directly on the task area and does not spill onto the pavement. C. Light Intensity Levels At Property Lines: The light intensity level measured at a property line shall not exceed 0.5 foot-candle. All illumination level readings shall be taken at ground level. The requirements of this subsection shall not apply to property lines within the B5 and B5C zoning districts, except for those property lines that abut a zoning district other than the B5 and B5C districts. D. Maximum Illumination Levels: The following table summarizes the maximum average illumination levels for a variety of uses: Type Of Use Maximum Average IES Illumination Level (Foot-Candles) Canopy lighting 30 Auto dealerships (display areas only) 50 Business districts 5 Park, school, institutional, and industrial uses 5 Loading/unloading platform (dock) 20 Outdoor sports lighting 40 Lighting for uses other than those listed in the above table shall be reviewed by the community development director to ensure the proposed illumination levels are appropriate for the property and surrounding area. Lighting Regulations Committee of the Whole Meeting November 22,2005 Page 3 E. Lighting Plan Required: The building permit submission for any nonresidential development or multi-family residential development shall include a lighting plan signed and sealed by a professional engineer and including, at a minimum, the following: 1. All property lines, building locations, dimensions of paved areas, and location of all curbs; 2. Fixture locations; 3. Fixture details and height; 4. Photometric data for all paved areas at a spacing of not greater than twenty feet (20') and not greater than six inches (6") above the pavement surface; 5. Photometric data at all property lines at a spacing of not greater than fifty feet (50') and not greater than six inches (6") above grade; 6. Scale of not less than one inch (1 ") to fifty feet (50'); 7. Details of the proposed light poles and foundations; 8. Existing and proposed utilities on the subj ect property and in rights of way adj acent to the subj ect property; 9. Other information, as required. F. Hours Of Operation: All lighting shall be reduced to security levels, as recommended in the "Illuminating Engineering Society Of North America's Lighting Handbook", during hours of non operation of the principal use on a property. G. Nonconforming Lighting: Any lighting that does not conform to the regulations outlined in Section 14.314.D above shall be made to conform by means of alteration no later than January 1,2006. (Ord. 5380, 11-4-2003) Task Lighting Fixture - shown with required Internal Louver Full cut-off, fully shielded wall pack lighting fixture Flat lens lighting fixture Ijmc H:\PLAN\Planning & Zoning COMM\P&Z 2005\MEJ Mcmos\COW Memo. Nov 22 outdoor ligbtingrcgulations.doc Village of Mount Prospect Community Development Department Mount Prospect MEMORANDUM TO: MIKE JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: DECEMBER 7,2005 SUBJECT: RETAIL RECRUITMENT PROPOSAL The recruitment of destination retail and entertainment is a major goal in our strategy for the health of downtown Mount Prospect. Retail is a difficult business, often dominated by national chains. Regionally there is a growing base of locally owned ("mom and pop") stores that are carving niches for themselves in the competitive retail world. These stores often become local landmarks, adding to a community's "sense of place," and helping create an image of the community to others. Prime examples in downtown Mount Prospect include Continental Bakery, Kieffer's Pharmacy, Busse Flowers, and Capannari's Ice Cream. For a municipality, downtown development always involves a balancing of many interests: property owners, tenants, and residents. For example, it makes sense that property owners would prefer a rent structure higher than their tenants. Some residents would prefer no commercial business at all while others appreciate the convenience the right mix of stores provide for their particular lifestyle. Many municipalities struggle with the appropriate balance of local and national tenants as the former cannot always pay the rents that the latter can afford. National retailers choose their locations through a network of commercial real estate brokers, evaluating statistics and demographics. Known for high commissions and its competitive nature, the commercial real estate industry is a very efficient process but, there are ways for a community to make its presence known - thereby increasing the chance that community will be chosen for a store location. To date, the Village has pursued a mix of local and national retailers. It is easier to find the national tenants because the commercial brokers attend certain conventions such as the International Council of Shopping Centers (lCSe) and their news is reported in a variety of trade journals. Identifying successful locally owned stores is a harder process, but there is a proven process that can reap results. Attached to this memorandum is a proposal to hire Cathy Maloney, a retail recruitment specialist. It outlines the steps she would undertake to recruit retailers to downtown Mount Prospect. She will be present at the meeting to introduce herself and briefly touch upon her success record for the City of Elmhurst. The program being proposed includes these components: o Building consensus and a community vision; o Collecting research through surveys and focus groups; o Analyzing our competition; o Identifying successful businesses able to run multiple locations; o Networking with local property owners; o Matching retailers to appropriate storefronts in Mount Prospect; o Marketing existing niches (home improvement and entertainment); o Creating smaller niches related to Crafts, hobbies, and trends; rl:'J\DMN\BILL\MEMOS\Maloncy Proposal to VB Dee OS.doc Retail Recruitment Proposal December 5, 2005 Page 2 Ms. Maloney has proven experience with the City of Elmhurst where she has worked collaboratively with staff and the Merchant Association, successfully supplementing their efforts. She's had a role in locating 50,000 s.f. of new retail, which has established downtown Elmhurst as a destination for shopping, dining, and entertaining family and friends. This has been accomplished by systematic relationship building, networking, and cold calls to the retail and real estate industry. Her work will supplement activities currently undertaken by the Community Development Department. She will utilize the department's database of available properties, the Community Profile and local contacts. Community Development staff will assist her in her work by coordinating focus groups and a community survey, and other support in meetings with property owners and prospective businesses. Staff recommends that the Village enter into a one-year contract with Ms. Maloney to provide the services outlined above. Ms. Maloney would be paid $750 weekly to provide the services outlined in the attached proposal. These services would be paid for by carrying over $19,000 of 2005 Economic Development Program funds (0012103-540247) and utilizing $20,000 from the Other Professional Services account of the Downtown Tax Increment Financing 2006 budget (5507703-540110). Please forward this memorandum and attachments to the Village Board for their review and consideration at their December 13th Committee of the Whole meeting. Staff will be present at that matter to further discuss this matter. H:\ADMN\BILLIMEMOS\Maloney Proposal to VB Dec 05.doc Proposal to VB Dee OS.doe Friday December 2, 2005 Mr. William J. Cooney, Jr., AICP Director of Community Development Village of Mount Prospect 50 S. Emerson Street Mount Prospect, IL 60056 RE: PROPOSAL FOR PROJECT #102105, Retail Consulting Dear Bill, I am pleased to submit this proposal to the Village of Mount Prospect Community Development Department for an open ended consulting agreement. Acting as a consultant to the Village of Mount Prospect, my mission is to assist the Community Development Department in recruiting retail, restaurant and entertainment venues that will increase the vitality and prosperity of the entire community. The following tasks have been identified as efforts necessary to accomplish the above mission. 1. Three to five focus groups will be formed to understand what local residents are leaving Mount Prospect to buy and do to determine recruitment needs. 2. A survey will be created and made available via the Village Newsletter and Web Site to reach out to citizens for their opinions. 3. The Village Newsletter, web site and local media will be used to inform residents of the new focus on local business and to offer assistance from the Community Development Department to those interested in opening a new shop or restaurant. 4. Signing will be created to inform prospective tenants looking for available space that they can call the Village for expert assistance in locating their shop, restaurant or entertainment venue in Mount Prospect. 5. One community visit per month will be conducted to gather competitive information, obtain a vision for future developments and to identify and contact potential businesses that may want to expand. 6. An Annual meeting with real estate brokers/landlords will be planned to communicate our focus, anticipate vacancies and assist in recruiting the right businesses for Mount Prospect. Those with available properties will be contacted at least once a month. 7. A Monthly Phone/Activity Log will be maintained to keep track of all incoming and outgoing calls and meetings to track all progress chronologically. 8. A Monthly Recruitment Report will be generated to list all available properties by area including square footage and broker contact, types of businesses that are "missing" from the area and prospective tenants and leads for the available properties. 9. Meetings to review progress will be planned monthly or as needed. This proposed outline should serve as a guideline for Retail Consulting services and can be expanded or altered at any time to suit the needs of the Community Development Department. The revitalization of a town is an ongoing process that can often be difficult to manage. Business recruitment is best accomplished with a methodical approach carried out by an expert in retail shops and trends. I look forward to contributing to the growth and success of the Community Development Department and the prosperity of the Village of Mount Prospect. Thank you Bill, for this opportunity to assist you. Best regards, Cathy Maloney Retail Consultant CC: Ms. Ellen Divita, Deputy Director Community Development COMPENSATION Cathy Maloney, Retail Consultant requests compensation for the Project #102105 as follows: An open-ended agreement to compensate Cathy Maloney at a continuing rate of $75.00 per hour for consulting services beginning January 10th, 2006 and will be billed for a minimum of 10 hours per week. No more than 10 hours will be billed each week unless otherwise requested and agreed to by both William Cooney and Cathy Maloney. All entertainment and travel expenses will be reimbursed by the Village of Mount Prospect provided William Cooney gives advance permission. Subscriptions to the three periodicals with the highest circulation will be provided and funded by the Village of Mount Prospect to aid in competitive analysis. CONTRACT DURATION The term of this agreement shall be 1 year from the date of acceptance. At the end of 1 year the compensation rate and work scope will be evaluated and if agreed, a new contract will be presented. A six month review will take place to track progress and confirm direction. PAYMENT TERMS Consulting hours will be recorded and invoiced monthly and are due for payment within fourteen calendar days. Expenses will be reported as needed with invoice and are due for reimbursement within fourteen calendar days. DISPUTE CLAUSE There are no other agreements between the parties except those expressly stated herein. Any amendments to this agreement shall be in writing signed by both parties If this Proposal for Consulting Services from Cathy Maloney is acceptable, please sign and date the appropriate space below and retain (1) copy for your files. This Proposal shall act as the Project Contract if accepted and signed by both parties. This proposal is subject to review and change if not returned signed within 21 days. Cathy Maloney Retail Consultant William J. Cooney, Jr. AICP Director of Community Development Date Date MEMORANDUM Village of Mount Prospect Community Development Department TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DIRECTOR OF COMMUNITY DEVELOPMENT DATE: DECEMBER 7, 2005 SUBJECT: CIRCULAR DRIVEWAYS Backf!round The Village has received an increased number of requests for circular driveways in the past several years. The majority of these requests have been in conjunction with residential tear down and top-off projects that are occurring throughout town. The Village's current regulations require that property owners obtain a conditional use permit prior to constructing a circular driveway. The attached memo from the August Planning & Zoning Commission meeting provides details on circular driveways approved by the Village Board since 1996. Historically, the requests that were approved by the Board have been primarily for properties where there was a safety issue the circular driveway resolved. Safety issues include the need to exit onto a major arterial road or where there was a substandard street width that made it difficult to negotiate exiting onto the street. The Planning & Zoning Commission discussed circular driveways at their August meeting. The Commission found that: · Circular Drives should continue to be a Conditional Use; · Lot width should be considered when approving the request; · Landscaping in the front yard should be required; and · Circular driveways should be constructed of decorative materials. The Commission also raised the issue of whether to restrict overnight parking or the number of vehicles parked on the circular drives, but there were concerns on how these regulations could be practically enforced. This issue was then discussed at the Committee of the Whole Meeting on September 27th. Staff prepared exhibits that depicted circular driveways on various lot widths. The exhibits were intended to illustrate the impact of circular driveways and help identify situations where a circular driveway would and would not be appropriate. The objective was to ascertain whether new standards for approving circular driveways should be used when reviewing requests. Proposal The Village Board asked staffto revisit the scenarios that were presented to include: 1) circular drives with a 12 foot width, instead of 9 feet; 2) turning radii that met industry standards; and 3) visualizations with vehicle placement. The consensus from September COW Meeting was that circular driveways requests should 1) not be Circular Driveway Committee of the Whole Meeting November 22, 2005 Page 2 required to provide landscaping or 2) be constructed of decorative materials 3) and should continue to be a Conditional Use that would require Village Board approval. Attached are new scenarios that illustrate when circular driveways could be feasible and practical in residential zoning districts, pending changes to the criteria for approving requests. These illustrations demonstrate that if the front and side yard lot coverage ratio were increased to 50% that circular driveways could be constructed on lots that are 75' wide or greater. These driveways could be 12' wide and would meet the architectural minimum standards for typical vehicle turning radii. Although circular driveways could fit on smaller lots, they would have to be reduced in width, create the potential for numerous curb cuts along local roadways and would leave little room for additional improvements on these properties. The scenarios do not take into consideration service walks, front steps, or entryways that can add to the lot coverage in the front and exterior yard. However, staff believes that a 50% front and exterior side yard coverage ratio provides sufficient flexibility for property owners to appropriately locate these improvements. The overall lot coverage ratio in each zoning district would not be changed under this proposal therefore any improvements made as part of a circular driveway project would limit what else could be constructed on the overall property. Based on the above findings, staff recommends that the Village Board approve modifying the Zoning Code to allow circular driveways within the following parameters: a) On lots that are 75-feet or greater in width; b) No greater than 50% front and exterior side yard coverage; and c) Remain a Conditional Use that would require Village Board approval. Please forward this memorandum and attachments to the Village Board for their review and consideration at their December 13th Committee of the Whole meeting. Staff will be present at that matter to further discuss this matter. w~ H:\PLAN\Planning & Zoning COMM\P&Z 2005\MEJ Memos\COW Memo Dee 13 (C-Drive).doc CIRCULAR DRIVEWAY SCENARIOS, PAGE 1 OF 4 Front Yard Setback (40 FT) . 100 FT Scenario 1- B Scenario 1- A -+ Front Yard Setback (30 FT) +- 45 FT .. 75 FT . Scenario 2 - C Scenario 2 - B -+ 21 FT Scenario 2 - A -+ 26 FT +- +- 33 FT . SCENARIO l-A & l-B RX - Single l'amiIY Residential Lot Width Main Drive Width Circular Drive Width Turning Radius Minimrun Front Yard Area (PYA) Pavement Area in FYA % of Pavement in FYA SCENARIO 2-A. 2-B & 2-C Rl - Single FamilY Residential Lot Width Main Drive Width Circular Drive Width Turning Radius Minimum Front Yard Area (fYA) Pavement Area in FY A % of Pavement in FY A Scenario 1- A 100 FT 26FT 12FT 40FT 4,000 SQ FT 1,946 SQ FT 49% Scenario 2- A 75fT 26FT 12FT 30FT 2,250 SQ FT 1,349 SQ FT 60% Scenario 1- B 100 FT 21FT 12FT 40FT 4,000 SQ FT 1,816 SQ FT 45% Scenario 2-B 75 FT 21 FT 12FT 30FT 2,250 SQ FT 1,262 SQ FT 56% Scenario 2-C 75fT 12FT 12FT 30FT 2,250 SQ l<T 1,125 SQ FT 50% CIRCULAR DRIVEWAY SCENARIOS, PAGE 2 OF 4 Front Yard Setback (30 FT) Front Yard Setback (30 FT) . 65 FT . 29FT 22 FT SCENARIO 3 Rl - Single FamilY Residential Lot Width Main Drive Width Circular Drive Width Turning Radius Minimum Front Yard Area (FYA) Pavement Area in FYA % of Pavement in FY A SCENARIO 4 RA - Single FamilY Residential Lot Width Main Drive Width Circular Drive Width Turning Radius Minimum Front Yard Area (PYA) Pavement Area in FY A % of Pavement in FY A Scenario 3 65FT 11FT 11 FT 29FT 1,950 SQ FT 972 SQ FT 50% Scenario 4 50FT 12FT 12FT 22FT 1,500 SQ FT 893 SQ FT 60% CIRCULAR DRIVEWAY SCENARIOS, PAGE 3 OF 4 SCENARIOS 1 - 4. WITH VEHICLE PLACEMENT (TYPICAL) Vehicles represented in the following diagrams measure at 9 feet by 18 feet. Typical vehicle sizes range approximately from 5 - 8 feet in width by 15 - 18 feet in length (Architectural Graphic Standard, Seventh Edition). SCENARIO 1-A & 1-B RX - Single FamilY Residential SCENARIO 2-A, 2-B & 2-C Rl- Single FamilY Residential SCENARIOS 1 - 4, WITH VEHICLE PLACEMENT (FULLY PARIZED) SCENARIO 1-A & 1-B RX - Single FamilY Residential SCENARIO 2-A. 2-B & 2-C Rl - Single FamilY Residential SCENARIO 3 Rl - Single FamilY Residential SCENARIO 3 Rl - Single FamilY Residential SCENARIO 4 RA - Single FamilY Residential SCENARIO 4 RA - Single FamilY Residential CIRCULAR DRIVEWAY SCENARIOS, PAGE 4 OF 4 SCENARIOS 1 - 4. SUMMARY TABLE Main Total Front J)riveway Turning Pavement Percentage Lot Yard Max Circular Radius Front Yard Area in of Width Setback Width Drive Width Minimum Area (PYA) PYA Pavement Scenario (Feet) (Feet) (Feet) Zonine (Feet) (Feet) (S.F .) (S.F.) in PYA 1A 100 40 26 R-X 12 40 4,000 1,946 49% lB 100 40 21 R-X 12 40 4,000 1,816 45% 2A 75 30 26 R-l 12 30 2,250 1,349 60% 2B 75 30 21 R-l 12 30 2,250 1,262 56% 2C 75 30 12 R-l 12 30 2,250 1,125 50% 3 65 30 11 R-l 11 29 1,950 972 50% 4 50 30 12 R-A 12 22 1,500 893 60% CIRCULAR DRIVE VEHICLE TURNING DIMENSIONS (From Architectural Graphic Standard, Seventh Edition) R1 Minimum Outer Minimum Turning Inner Radius Turning Vehicle R Radius Rl Small Car 19' - 10" 10' - 9" Com act Car 21' - 6" 11'-10" Standard Car 22' - 5" 12' - 7" Lar e Car 23' - 0" 12' - 7" ~ Scenario 4 does not meet the minimum outer and turning radius standard R H:\PLAN\TearDDwns ano TopOffs\Curular Driveway Sccllllrios\CiKular Dri\'cway Scenarios Part 'l1uee.doc ~ Minimum Minimum Inner Outer Turning Turning Radius Scenario Radius (R) (Rl) 1A 40FT 28FT lB 40FT 28FT 2A 30FT 18 FT 2B 30FT 18FT 2C 30FT 18FT 3 29FT 17 FT 4 22FT 11.5 FT x MINUTES COMMITTEE OF THE WHOLE OCTOBER 11, 2005 I. CALL TO ORDER The meeting was called to order at 7:06 p.m., in the Village Board Room of Village Hall, 50 South Emerson Street, by Mayor Irvana Wilks. Present at the meeting were: Trustees Timothy Corcoran, Paul Hoefert, John Korn, Michaele Skowron and Michael Zade!. Absent from the meeting was: Trustee Richard Lohrstorfer. Staff members present included: Village Manager Michael Janonis, Assistant Village Manager David Strahl, Village Attorney Everette Hill and Attorney Kathy Henn from Klein, Thorpe and Jenkins. II. APPROVAL OF MINUTES Approval of Minutes from September 27, 2005. A Motion was made by Trustee Korn and Seconded by Trustee Corcoran to approve the Minutes. A revision was requested on page five regarding the title of the India Engineering Center. The Minutes were approved with the revision. Trustee Zadel abstained. III. CITIZENS TO BE HEARD None. IV. CONSIDER CREATION OF AN ADMINISTRATIVE ADJUDICATION PROGRAM Village Attorney Hill stated this item is being brought forward for consideration due to the continuous delays that occur through utilizing the Cook County Court system. He stated these continuances have impacted the staff and its ability to effectuate compliance in a reasonable timeframe. He stated the Village, through its Home Rule powers, has the opportunity to create an alternative due process venue for disposition of Housing Court issues, nuisance abatement issues, property maintenance issues and local Ordinance violations. He stated the process is already in place in Park Ridge and they are seeing very positive results. Attorney Kathy Henn spoke. She stated the Park Ridge system has been in place since March of 2005 and they started with a smaller call in terms of the types of cases that are brought forward and are in the process of considering further additions. She stated there are two separate calls on one day with the housing cases on one call and the other violations heard on the second call. She stated fines are typically higher through this process because Courts have been reluctant to issue fines in the past. She stated the success of fines relies on getting the maximum fine and then offering a reduction in the fine once compliance is obtained while the Court system typically does not actually fine the offender until extensive continuations and possible compliance. She stated this system allows for a maximum continuance period of only 60 days, thereby, putting less of a burden on staff fpr re-inspections. 1 General comments from Village Board members included the following items: She stated the adjudicator in Park Ridge is paid approximately $150 an hour and works'. three to four hours per month with all paperwork necessary for the process being. handled internally by Park Ridge staff. ~ There was a discussion regarding the tickets and how the tickets are required to be in proper format. It was also discussed there may still be collection issues but there are opportunities to place judgments against properties and may still need to go to Court for ultimate compliance. However, such a Court proceeding is just a review of the record and not a complete appeal of the actual event. Consensus of the Village Board was to move forward with this system and suggest a minimal number of items be considered for the call and determine success with reports back to the Village Board. Staff anticipates getting the final details worked out for the process to the Village Board prior to December 31, 2005. V. REVIEW OF APPENDIX A OF THE MUNICIPAL CODE Village Attorney Everette Hill stated this Ordinance consolidates all fines and fees in a central location for better tracking and corrected several Code mistakes where items had been duplicated or not addressed clearly within the body of the Code. He stated there are no substantial changes to the language and only minor codifications to some of the fines. The Village Board reviewed the Chapters individually during discussion and it was suggested that the connection fee be modified from $412.50 to $425. Consensus of the Village Board was to proceed with this Ordinance for consideration at the October 18 Village Board meeting. VI. VILLAGE MANAGER'S REPORT Village Manager Janonis stated that October 16 will be the last Farmers' Market for the season. VII. ANY OTHER BUSINESS None. VIII. ADJOURNMENT There being no further business to discuss, the Committee of the Whole adjourned at 8:10p.m. 2 Village of Mount Prospect' Community Development Department Mount Prospect MEMORANDUM ~ TO: MICHAEL E. JANONIS, VILLAGE MANAGER COMMUNITY DEVELOPMENT DIRECTOR FROM: DATE: DECEMBER 9, 2005 SUBJECT: INTEGRATION OF ADJUDICA nON INTO THE CURRENT CODE COMPLIANCE PROCESS At the September 27, 2005 COW meeting, Village Board directed staff to pursue the introduction of an Administrative Adjudication program. Village staff observed adjudication hearings at Park Ridge and Palatine; lessons learned have resulted in proposal of a process that is different than first discussed at Village Board level with Village Attorney Buzz Hill. This memo outlines a draft of procedures that integrate adjudication into the current code compliance process. Currently when a code violation is reported or observed, a service request is logged and investigated by Environmental Health Staff. If compliance is not readily achieved, our only recourse is to take the responsible party to Circuit Court where our experience is that compliance is the goal, continuances are frequent, and fines are occasionally levied. Introduction of Administrative Adjudication process will allow us to work with non- compliant parties in a process with fewer continuances and to use penalties as a deterrent to code violations. Staff recommends a two tier approach be adopted for the Adjudication part of the process. This allows Staff the opportunity to differentiate between chronic property maintenance code violators and first time offenders or offences of a minor nature: Tier One. The "Notice of Violation" for first time offenders and minor violations, gives respondents the opportunity to pay a nominal fee and comply within fourteen days of the notice in lieu of attending the adjudication hearing. Staff proposes $50 as the fee, significantly less than the $100 minimum penalty for almost all cases that proceed to hearing. Should the respondent not comply, refuse to pay the fee, or favor an Adjudication Hearing, the case would be heard by the Village's Adjudication Hearing Officer. Tier Two. The "Notice of Violation" for chronic offenses and for immediate health and safety violations will require their appearance; they are subject to a per diem to VB 12-09-05,doc 12/9/2005 fine not to exceed a total of $50,000. A description of the process staff proposes for Mount Prospect follows. Staff has integrated the proposed two-tier Adjudication process, described above, into the current system utilized by the Village Environmental Health Division. The following describes how the new system would work. Service Request Procedure (Appendix 1) Whenever a code violation is reported or observed, all efforts are to establish communication and come to a mutually acceptable deadline for compliance. Upon investigation of a service request, the Environmental Health staff takes one of the following actions (upper left comer of flowchart): 1. Meet the responsible party and agree to a deadline for compliance; or 2. Where the problem needs immediate attention and no one is available we leave a citation warning giving one day to comply or respond; or 3. Where the problems do not need immediate attention and no one is available we leave afield inspection notice giving up to seven days to comply or respond; or 4. Where the problems are numerous, the property is vacant, or the code is not covered in the inspection notice door hanger, a letter is sent to the responsible party (with the timeframe for compliance determined by the extent of the problems); or 5. Where violations are of a chronic nature or an immediate threat, staff will issue a Notice of Violation requiring an Adjudication Hearing and restricting penalties to the minimums and maximums permitted by Village Code. Action 1, above, the ability to meet with the property owner and mutually agree upon a timeframe for compliance, is self-explanatory. Actions 2, 3, and 4 (the citation warning, field inspection notice, and letter) all give residents an opportunity to respond and in most cases come to a mutually acceptable deadline for compliance. Staff determines deadlines by considering the nature and seriousness of the problem, the amount of time a reasonable person would need to comply, hardships such as health or financial concerns, weather related delays, and the next available hearing date. When the deadline for compliance is not met in Actions 1 through 4, a "Notice of Violation" will be issued with the option to comply and pay the proposed $50 penalty within fourteen (14) days or to appear at a hearing. (Tier One) A sample of a Tier One "Notice of Violation" is attached as Appendix 2; it includes the actual code notation, the potential fine, a warning that failure to appear will result in a monetary default judgment, and description of action used to serve the notice. Staff expects most persons will comply and pay the penalty, a small percentage will request a hearing, and a smaller percentage may ignore the monetary citation. Where the citation is ignored or the penalty is not paid, the case would continue to Adjudication, where the respondent, if found liable, would be responsible for penalties ranging from $100 to a maximum of $1000 per day the violation exists. Action 5 is engaged for those persons that are chronic offenders or have to VB 2~()9~05,doc 12/9/2005 violations that pose a threat to health or safety. For these individuals, a Second Tier "Notice of Violation" requiring appearance at the next available Adjudication Hearing will be issued. Following are descriptions for Action 2 citation warnings, Action 3 Field Inspection Notices, Action 4 letters, and Action 5 Notice of Violations. The citation warning, field inspection notice, and letter have all been modified to include warnings that failure to respond or comply by the deadline will result in the proposed $50 monetary fee. The Hearing Officer will determine the fees of all cases brought to Adjudication Hearing. Action 2 - Citation warning (Appendix 3) The citation warning is issued at the inspector's discretion and dependent on the seriousness of the problem. The citation warning is a 24 hour notice for compliance or a response. If we receive a response, we will work with the respondent to come to a mutual deadline for compliance. The notice is left for the following violations: . Vehicles on parked grass . Very long grass . Inoperable vehicles in public view and an eyesore Examples where staff would leave a citation warning: Boat parked on the grass in side yard Action 3 - Field Inspection Notice (Appendix 4) The standard field inspection notice (a door hanger) and a copy of the "Property Maintenance Guide" are left for most problems and when the property is occupied and no one is home. The Guide (Appendix 5) serves as a further explanation of the problem/s on the notice. The maximum time for response or compliance is 7 days. Again, if we receive a response, we will work with the respondent to come to a mutual deadline for compliance. The notice lists the following problems and I have included a brief explanation. . Sanitation - Garbage storage, compost, or unsanitary condition problems . Address numbers - Not posted and/or visible . Building surfaces - Exterior building surfaces deteriorated . Accessory structures - Garages, sheds, and decks deteriorated to VB 11-09-05.doc 1219/2005 . Walkway/driveways - Pot-holes, large cracks, and safety hazards . Vehicles - Inoperable or unregistered vehicles, or parking over sidewalks . Commercial vehicles - Improper signage, more than one vehicle, or too large . Vegetation - Long grass and weeds, or dead trees . Swimming Pools - Poor repair, and not clean or sanitary . Grading/drainage - Stagnant water, and grading altered . Home Occupation - Improper storage and employees reporting to the house . Signs - Too large, too many, or in right of way . Animals - Too many, stray, or not cleaning up after pet Exam les where staff would leave a field ins Garbage cans not covered and tipped over Long grass Action 4 - Letter (Appendix 6) A letter is sent to describe numerous problems, when the property is vacant, or the violation is not adequately described in the field inspection notice (door hanger). The time limit for compliance in a letter is dependant on the extent of the problems. The maximum time limit is 30 days, but usually much shorter. Again, if we receive a response, we will work with the respondent to come to a mutual deadline for compliance. II :\ENVH\Drafl.\/\.dministmtivc 12/9/2005 to 12~(F)-05.d()c Action 5 - Notice of Violation A Tier Two Notice of Violation for the next available hearing date is issued immediately when the violation is of such serious nature it poses a threat to health and safety, there is no reasonable excuse for the problem, or it is a repeated problem and the responsible party has been warned that future violations will result in immediate legal action. These instances are a small percentage of the problems staff deals with, but are often the chronic violators which have received penalties or previous tickets. If found liable, the Hearing Officer may order penalties ranging from the minimum to the maximum penalties provided by Village Code may for each day the violation continued. Examples where a "Notice of Violation" is issued immediately: Shower tiles held in place with duct tape Backyard filled with junk Summary The intent of the compliance process still remains to establish communication and come to a mutually agreeable deadline for compliance. The use of a Two Tier Notice of Violation system will allow us to differentiate between first time offenders/minor violations and those circumstances where the violation is more serious or chronic. W-Jl:j ~ " ilIiam ~~ FI:\l:NVll\.Draft\AdmlDistnttivc 12/9/2005 to VB 12-09-05.doc Appendix 1 Service Request Throu2:h Hearin2: Personal meeting, mutually agreed upon Complied timeframe for compliance - '" <l.l = r- 0- 24 hour citation warning for acute problem Extension for reasonable cause ~ <l.l ~ .... ~ C Field inspection notice (max 7 days) H Not complied <l.l rJ'1 ~ 0 - '" Letter sent (usually for many items, vacant I <l.l '" - = property, or not included in door hanger) 0 ! Q. '" ~ $50 Citation with provision for Notice of violation completed for immediate threats or chronic violator hearing, or payment and compliance within 14 days I Complied and paid I I i i I Not complied I I Not paid 8.2108.D Filed with Office of Administrative Hearings 8.2108.E. Subpoena requested 8.2109.B. Hearing I Appearance filed I 8.2107.1. Determination of 8.2110 Default 8.2107. C Continuance - liability Appendix 2 VILLAGE OF MOUNT PROSPECT ADMINISTRATIVE ADJUDICATION DIVISION In the matter of: ) ) ) ) ) ) ) CASE NO. THE VILLAGE OF MOUNT PROSPECT, v. John Smith 1234 Opossum Lane Mount Prospect, IL 60056 NOTICE OF VIOLATION Respondent is in violation of the following cited provision(s) of the Village of Mount Prospect Municipal Code, the violation(s) having occurred or been present on November 30, 2005, at approximately 4:00 P.M. at 1234 Opossum Lane: 1. 919.201. C.2. 2. Except for the placement of trash receptacles on the curb on the day of pickup, such receptacles may be stored only in a side or rear yard and not forward of a principal building (not including porches, decks, stoops or overhangs). Such receptacles may not be placed in exterior side yards unless completely screened by permanent fence or dense evergreen planting from the adjacent street. In that three garbage containers were stored in front of the house. 2.921.603 Adoption of the International Property Maintenance Code Sec. 302.8 Motor vehicles. Except as provided for in other regulations, no inoperative or unlicensed motor vehicle shall be parked, kept or stored on any premises, and no vehicle shall at any time be in a state of major disassembly disrepair, or in the process of being stripped or dismantled. Painting or vehicles is prohibited unless conducted inside an approved spray booth. Exception: A vehicle of any type is permitted to undergo major overhaul including body work, provided that such work is performed inside a structure or similarly enclosed area designed and approved for such purposes. In that a brown Chevy impala with a flat right front tire was parked in the driveway. [ ]RESPONDENT IS REQUIRED TO APPEAR at Mount Prospect Village Hall, located at 50 S. Emerson, Mount Prospect, Illinois 60056 on (date) at (time) A.M. / P.M. for a hearing of this matter, or the respondent may correct the violation/s and pay a $50 fee by ~ ~ and appearance will not be required. The hearing is held to determine liability and if found liable the respondent is subject to a fine ranging from $_.00 to $_.00 per offense per day the violation exists. Failure to appear when the violation/s have not been corrected and/or the fee is not paid will result in a minimum default judgment of $ .00. Such hearing is held pursuant to the authority granted in Division 2.1 of the Illinois Municipal Code, 65 ILCS 9 5/1-2.1-1 et seq., and in Article XXI of Chapter 8 of the Village of Mount Prospect Municipal Code entitled "Administrative Adjudication System." -'\djuJicatloj)\.!\ppendix 2.doc Appendix 2 Service of this Notice of Violation was made by: _ personal service; _ certified mail; ~ first class mail; x overnight or second day commercial delivery; _ post on property; _ other on Respondent or [ ] (insert name and address if other than Respondent ). The undersigned hereby certifies that the information contained herein is correct. Signed: Date: Complainant: (IF NOT VILLAGE OFFICER OR EMPLOYEE) Issued by: PositionIVillage Department: LD. No. !\djU.UlcaliotJ'../\ppendix 2,doc Appendix 3 Village of Mount Prospect Community Development Department 50 South Emerson Street Mount Prospect, Illinois 60056 (847) 870-5668 Citation Warning D Vehicle/ Boat/trailer parked on the grass. Sec. 14.2209: Vehicles must be parked on the driveway or in the garage. D Grass in excess of eight inches in height. PM-301.4: Grass must be maintained below eight inches in height. D Inoperable or unregistered vehicle stored on the property. PM-302.8: No inoperable vehicle shall be stored on the property unless within the garage. D Accumulation of rubbish or garbage is on the property. PM-30S.1: Properties must be maintained clean and sanitary, and free from any accumulations of rubbish and garbage. This notice is a warning. The above violation must be corrected within 24 hours or a $50.00 citation will be issued. If you are unable to comply, please contact this office at (847) 870- 5668. Inspector: Date: Comments: Appendix 4 Village of Mount Prospect Community Development Department 50 South Emerson Street Mount Prospect, Illinois 60056 (847) 870-5668 Field Inspection Notice In an effort to maintain and beautify the community, our representative noted the following deficiencies. o Sanitation o Address Numbers o Building Surfaces o Accessory Structures o Walkways/driveways o Vehicles o Commercial Vehicles A guide to these regulations is attached. Explanation: o Vegetation DSwimming Pools o GradingIDrainage o Home Occupation o Signs o Animals Please correct by . Some item/s may require more time to be completed. If additional time is needed, contact the Environmental Health Division at (847) 870-5668 for an extension. If the deficiencies are not corrected and our office has not been contacted a $50.00 citation will be issued. Inspector: IAppendix 51 Village of Mount Prospect Property Maintenance uide i~ IIII,-iil 1111111111111111111 Village of Mount Prospect Community Development Department Village Mount Prospect IAppendiX51 Property Maintenance Guide The Village of Mount Prospect has developed a variety of regulations to help preserve our community. Well maintained homes help to protect property values, promote safety, and create an attractive living environment. The information contained in this guide provides a general outline of the Village's various property maintenance regulations. For more detailed information please refer to the Village Code. If you have any questions, please contact the Village's Community Development Department at (847) 818-5328. Sanitation · Exterior areas must be kept free of garbage and rubbish. · Compost piles may not exceed a maximum size of 4' tall by 4' wide by 4' long. In addition, compost piles must maintain a minimum setback of 5 feet from a property line, and may not be located in a front or side yard. · Compost piles must be regularly tended to ensure the materials are properly decomposing and have no obnoxious odors. · Garbage and yard material containers with tight fitting lids must be less than 32 gallons and weigh than 50 pounds. · Garbage and yard material containers may be set out no earlier than 4:00 P.M. on the day before the scheduled collection. · After collection, the containers and any improperly prepared or unaccepted waste must be removed from the curb. · Garbage, recycling, and yard material containers must be stored in the garage or behind the front of the house. If these containers are stored on the street side of a corner lot they must be screened by a fence or dense evergreen hedge. Page 1 Property Maintenance Guide IAPpendix 51 Address Numbers · Property addresses must be indicated with numerals not less than 2 Vz inches high and displayed in a location that is clearly visible from the street. Building Surfaces · Siding, roofs, gutters, windows and doors shall be free of holes, rotting material, and, where necessary, be painted for protection from the elements. Accessory Structures · All accessory structures, including garages, sheds, fences, decks, gazebos, and pools shall be structurally sound, kept free of holes and rotting materials, and, where necessary, be painted for protection from the elements. Walkways and Driveways · Driveways must be free of potholes, large cracks, loose gravel, and trip hazards. · Sidewalks and patios must be maintained and not pose a hazard. · Gravel driveways are prohibited. Page 2 Village of MOLlnt Prospect !Appendix 51 Vehicles · All vehicles, including recreational campers, boats and trailers must be parked either on a driveway, an approved paved surface, or in the garage. · All vehicles must be licensed and have a current Village sticker. · Parking over sidewalks is prohibited. · Inoperable vehicles and cars under repair or overhaul must be stored in a garage. Commercial Vehicles & Trailers · No more than one commercial vehicle may be parked at a residence. · The signage on a commercial vehicle is limited to the front door panel. · Commercial vehicles must be parked behind the front of the house or as close to the garage as possible. · Commercial vehicles must not be taller or wider than 7 feet, or longer than 19 1;2 feet. Commercial vehicle storage racks cannot exceed 18 inches in height and the total height of the vehicle, rack, and storage cannot exceed 8 feet. · Storage in pick-up beds must be below the height of the bed. · No trailers may be attached to a commercial vehicle. · All commercial trailers must be parked in an enclosed garage. Page 3 Property Maintenance Guide IAppendiX 51 Vegetation · Grass and weeds must be maintained below eight inches in height. · Privately owned plants, bushes and trees must not obstruct the public sidewalk. · Activities injurious to parkway trees are prohiuw::u. · Dead trees must be removed. Swimming Pools · Swimming pools shall be maintained in a clean and sanitary condition and in good repair. Grading and Drainage · Standing or stagnant water is prohibited. · The filling of drainage swales is prohibited. Home Occupations · No person shall be employed other than a member of the immediate family residing in the dwelling unit. · Business traffic and deliveries shall not disrupt the neighborhood. · No outdoor storage of any kind related to a home occupation shall be permitted. · Storage of materials inside a home is limited to a maximum area of 100 square feet. Page 4 Village of Mount Prospect IAPpendix 51 Signs · Garage/yard sale signs on private property may be posted for no more than three days, twice per year. · Real Estate and Sale signs shall not exceed 10 square feet in area. · Signs prohibiting entry are limited to one per frontage (no more than 4 total) and the total sign area may not exceed 6 square feet. · Signs shall not be posted within a public right- of-way. Animals · Animals are not permitted to run stray. · Dogs must be leashed or enclosed by an adequate fence. · Animals must not disturb the peace. · When walking a pet you are required to remove its defection. You are also required to carry a device at all times that could be used to remove your pet's defecation. · Your property must be kept sanitary and clean of animal waste. · No more than a total of three dogs and cats are permitted. · Dogs must be vaccinated and licensed. Thank you for making Mount Prospect a beautiful community to live m. Page 5 Property Guide IAPpendix 51 Additional Resources: For additional information regarding refuse, grading, and parkway trees please contact the Village's Public Works Department at (847) 870-5640 For additional information regarding home occupations, signs, and commercial vehicles please contact the Village's Community Development Department at (847) 818-5328 For questions regarding dog licenses please contact the Village's Finance Department at (847) 392-6000 Please visit the Village's Web site at: www.mountprospect.org Page 6 IAppendiX 51 Village of Mount Prospect Property Maintenance Guide Village of Mount Prospect Community Development Department 50 S. Emerson Street Mount Prospect, Illinois 60056 Phone: 847/81S-5328 www.mountprospect.org 10/04 MAYOR Irvana K. Wilks ~ Village of Mount Prospect Community Development Department - Health Division 50 South Emerson Street Mount Prospect, Illinois 60056 VILLAGE MANAGER Michael E. Janonis TRUSTEES Timothy J. Corcoran Paul Wm. Hoefert A. John Kom Richard M. Lohrstorfer Michaele Skowron Michael A. Zadel VILLAGE CLERK M. Lisa Angell Phone: 847/870-5668 Fax: 847/818-5329 TDD: 847/392-6064 Appendix 6 [Click here and type Today's Date] [Click here and type name] [Click here and type Address] [Click here and type City, State Zip] RE: [CLICK HERE AND TYPE SUBJECT] Dear [Click here and type name]: On [Click here and type date of inspection]1 viewed your property regarding [Click here and type a description/s of the code violation/s]. I would like to inform you that the Mount Prospect Village Code states: [Click here and type Village Code text and Code Section] To comply with Village Codes, [Click here and type a description of how to comply]. I will return after [Click here and type compliance date] to verify compliance. If the deficiencies are not corrected and our office has not been contacted a $50.00 citation will be issued. I appreciate your assistance. Should you have any questions or would like to discuss this matter, please contact the Environmental Health Division at (847) 870- 5668. Sincerely, [Click here and type name] [Click here and type title] c: [Click here and type name] [Click here and type name] [Click here and type name] H:\ENVH\Draft\Administrative Adjudication\Appendix 6.doc Note: You have twenty (20) days upon receipt of this notice to file a written appeal. A copy of this notice, copies of contract repairs, and any other pertinent documents should be included with your appeal. Direct such appeal to the Community Development Department at 50 S. Emerson Street, Mount Prospect, Illinois 60056. INTEROFFICE MEMORANDUM Mount Prospect Village of Mount Prospect Mount Prospect, Illinois TO: VILLAGE MANAGER MICHAEL E. JANONIS FROM: ASSISTANT VILLAGE MANAGER DATE: DECEMBER 7,2005 SUBJECT: ADMINISTRATIVE ADJUDICATION COMPUTER AUTOMATION As the discussion regarding the implementation of an Administrative Adjudication program has evolved staff undertook preliminary research into reviewing Administrative Adjudication processes in other communities. Part of this research also entailed determining if there were computer systems present that would assist in maintaining and tracking all the necessary violations and notice requirements. A computer database system was reviewed that is being used by Alsip and Orland Park, but it was determined that that system did not interact well with the existing database programs created in house for property maintenance inspection tracking. Another system was reviewed that is being utilized in Palatine, Evanston, Freeport, and Des Plaines. This other system was created by a programmer that has performed work for the Village previously in Human Services to automate their client inventory and that project was successfully completed. The computer system would be based on a Microsoft Access format and allow numerous links to existing databases. The Village already has several components that could be linked to the Administrative Adjudication process for a single record of each address with a complete history of any violations. For example, the Village already maintains a property maintenance database that was created by the Environmental Health staff to track inspections. With the inclusion of the existing property maintenance database links with the GIS Master Address List the Administrative Adjudication database will allow the data to be tied together so that a single address listing will contain all relevant information on each violation including photos and confirmation of all notices. This tie in will also take advantage of the existing LaserFische system for document management for archival purposes. The Administrative Adjudication system will be built to allow transfer to tablet PCs for field use at the point that the inspectors are issued tablet PCs. While tablet PCs are on the horizon the purchase consideration has not been scheduled with the Village Board as yet. Staff would like to have the Administrative Adjudication process and computer system firmly in place before moving into the Tablet PCs. The use of the Tablet PCs would be a significant process improvement by reducing staff time for inspections and possible violations. ADMINISTRATIVE ADJUDICATION COMPUTER AUTOMATION DECEMBER 7, 2005 Page 2 Staff is requesting Village Board authorization waive the bidding requirement and enter into a professional services agreement with Dacra to provide computer programming services in order to create an Administrative Adjudication database system for tracking and maintaining all records and notices pertaining to any violations. This database would link to existing in house databases to create a comprehensive record of all violation related information. The proposed development cost of such a database program is $10,000 and includes 30 hours of custom programming services. Staff has worked with Dacra previously and that work was performed satisfactory. If the Village Board approves of the agreement for the development of the computer process it would be completed in time for the projected start-up of the Administrative Adjudication process in March 2006. If you have any questions regarding this request, please contact me. David Strahl c: Community Development Director Bill Cooney H:WILM\Admin AdjudicationWB Cover Memo Computer System Request.doc ORDINANCE NO. DRAFT AN ORDINANCE ESTABLISHING CHAPTER 8, ARTICLE XXI, ADMINISTRATIVE ADJUDICATION SYSTEM, OF THE VILLAGE CODE OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS WHEREAS, the Illinois Legislature has, pursuant to the Illinois Municipal Code, 65 ILCS 5/1-2.1-1 et seq., authorized home rule municipalities to provide by ordinance for a system of administrative adjudication of municipal code violations to the extent permitted by the Illinois constitution, excluding a) proceedings not within the statutory or home rule authority of municipalities; b) any offense under the Illinois Vehicle Code, 625 ILCS 5/1-100 et seq., or a similar offense that is a traffic regulation governing the movement of vehicles; and c) any reportable offense under Section 6-204 of the Illinois Vehicle Code, 625 ILCS 5/6-204; and WHEREAS, the Village of Mount Prospect is an Illinois Home Rule municipality; and WHEREAS, the Village Board of the Village of Mount Prospect is desirous of establishing a system of administrative adjudication pursuant to 65 ILCS 5/1-2.1-1 , et seq., to adjudicate violations of the Mount Prospect Village Code; NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1. CHAPTER 8 OF THE MOUNT PROSPECT VILLAGE CODE, as amended, is hereby further amended by adding a new Article XXI to Chapter 8, which shall be titled ARTICLE XXI, ADMINISTRATIVE ADJUDICATION SYSTEM, to be and read as follows: iManage 113039 1 DRAFT SECTION 8.2101: CREATION OF ADMINISTRATIVE ADJUDICATION SYSTEM: A. Pursuant to Division 2.1 of the Illinois Municipal Code, 65 ILCS 5/1-2.1-1, et seq., which authorizes municipalities to implement a system of administrative adjudication, there is hereby created a system of administrative adjudication of charges of Code violations for the Village of Mount Prospect. The system will authorize a hearing officer to conduct adjudicatory hearings of cases instituted by Village Departments. B. The Village adopts Division 2.1 of the Illinois Municipal Code, 65lLCS 5/1-2.1-1, et seq., as it may be amended from time to time. In the event of a conflict between said statutes and this Article, this Article shall prevail. C. The adoption of this Article does not preclude the Village from using other lawful methods to enforce the provisions of this Code. SECTION 8.2102: PURPOSE: The purpose of the Administrative Adjudication System of charges of Code violations is to provide a procedure by which charges of Code violations can be equitably and efficiently adjudicated administratively by an Administrative Hearing Officer. SECTION 8.2103: JURISDICTION: Those matters subject to the Administrative Adjudication System provided for by this Article are charges of violation of any regulation of the Village of Mount Prospect, so long as the relief sought is not a penalty of incarceration or a total fine in excess of $50,000, excluding allowable costs. The $50,000 limitation shall not apply to those cases brought to enforce the collection of any tax imposed and collected by the Village. SECTION 8.2104: ADMINISTRATIVE HEARINGS SUPERVISOR: There is hereby established the Office of Administrative Hearings. That Office shall be directed by an Administrative Hearings Supervisor, who shall be the Village Manager, or his designee. The Administrative Hearings Supervisor's function is to expedite the prosecution and/or correction of Code violations subject to the jurisdiction of the Administrative Adjudication System. The Administrative Hearings Supervisor is authorized to manage the administrative adjudication process in the manner provided for in this Article, which shall include determining the qualifications of Administrative Hearing Officers, appointing Administrative Hearing Officers, and establishing such rules and regulations, as may be necessary for the effective operation of the Administrative Adjudication System. The Village Manager may also appoint other persons to assist with the Administrative Adjudication System provided for in this Article. iManage 113039 1 2 DRAFT SECTION 8.2105: QUALIFICATIONS OF ADMINISTRATIVE HEARING OFFICER Prior to conducting administrative adjudication proceedings under this Article, the Administrative Hearing Officers shall have successfully completed a formal training program that includes the following: a. Instruction on the rules of procedure of the administrative hearings over which the Administrative Hearing Officers shall preside; b. Orientation to each subject area of the code violations they will adjudicate; c. Observation of administrative hearings; and d. Participation in hypothetical cases, including ruling on evidence and issuing final orders. In addition, an Administrative Hearing Officer must be an attorney licensed to practice law in the State of Illinois for at least three (3) years, and be in good standing with the Attorney Registration and Disciplinary Commission of the Supreme Court of Illinois. An Administrative Hearing Officer must also not be a resident of the Village of Mount Prospect. SECTION 8.2106: SCOPE OF AUTHORITY OF ADMINISTRATIVE HEARING OFFICERS: Administrative Hearing Officers shall preside over adjudicatory hearings. The authority of an Administrative Hearing Officer shall encompass all acts necessary to conduct fair and impartial adjudicatory hearings, including, but not limited to: A. Hearing testimony and accepting evidence that is relevant to the existence of the code violation. B. Administering oaths and affirmations to witnesses. C. At the request of any party or on the Administrative Hearing Officer's own motion, issuing subpoenas for the attendance of relevant witnesses and/or the production of relevant books, records, or other information. D. Preserving the record of the hearing, including all exhibits and evidence admitted into the record at the hearing. E. Issuing a determination based upon a review of the notice of violation, citation, other charging document (hereinafter, "charging document") and on the evidence admitted, which determination shall be final for purposes of judicial review under the Illinois Administrative Review Law. The determination shall be in writing, shall be signed by the Administrative Hearing Officer, shall be designated as findings(s), decision, and order, and shall include iManage 113039 1 3 DRAFT the fine, penalty or action with which the respondent must comply. F. Upon finding a respondent liable for violating one or more charged Code provisions: (1) Imposing penalties as provided by the governing penalty provision, except, however, that in no event shall an Administrative Hearing Officer have authority to (i) impose a penalty of incarceration, or (ii) impose a fine in excess of $50,000, excluding allowable costs. When applicable, each day a Code provision is found to have been violated by the respondent shall constitute a separate offense, and each separate offense subjects the respondent to the penalty provided by the governing penalty provision. (2) Imposing, in addition to fines, administrative and/or enforcement costs and, when applicable, imposing costs incurred by the Village for effecting compliance with Code provision(s) for which a respondent has been found liable. (3) Ordering, notwithstanding fines imposed or costs assessed, the respondent to comply with Code provision(s) found to have been violated, and, if appropriate, ordering the respondent to post a compliance bond as provided by Section 8.2111 (8)(1) (4) Ordering, regardless offines imposed or costs assessed, the respondent to perform a term of community service. G. Adhering to the policies, procedures, and legislation set forth in the Village Code, except where discretion is specifically vested in the Administrative Hearing Officer; provided, however, that an Administrative Hearing Officer is authorized to waive the fine and/or costs that otherwise would be imposed upon finding a respondent liable for one or more Code violations when the Administrative Hearing Officer specifically finds as a matter of fact that the violation(s) occurred under such circumstances that, as a reasonable person, would constitute an excuse for the violation(s). H. Asking questions of the parties and witnesses, if necessary, to ensure the clarity and completeness of the testimony and the record. I. Regulating the course of the hearing in accordance with this Article, the rules adopted by the Administrative Hearings Supervisor for the conduct of administrative hearings, and other applicable law. SECTION 8.2107: ADMINISTRATIVE HEARINGS: A. All administrative hearings conducted by the Administrative Hearing Officer are open to the public and shall be presided over by a duly appointed Administrative Hearing Officer iManage 113039 1 4 DRAFT who is charged with providing the parties a full and fair opportunity to be heard. B. The Village shall not be represented by an employee or other representative of the Office of Administrative Hearings Supervisor, provided, however, that documentary evidence, prepared by another Department of the Village and submitted to the Administrative Hearing Officer, may be presented at the hearing by the Administrative Hearing Officer. C. All administrative hearings shall be conducted on the date set for hearing. For good cause shown, a continuance may be granted at the discretion of the Administrative Hearing Officer. The purpose of administrative hearings is to provide a prompt resolution of alleged Code violations, and accordingly, the request for, and the grant of, continuances shall be curtailed to the extent fairness permits. Lack of preparation shall not be grounds for a continuance. Continuances shall not be granted for more than two (2) months. D. The Administrative Hearing Officer may issue subpoenas. E. The formal and technical rules of evidence shall not apply in the conduct of the hearing. Evidence, including hearsay, may be admitted only if it is of a type commonly relied upon by reasonably prudent persons in the conduct of their affairs. F. The Administrative Hearing Officer shall permit persons to contest the merits of an alleged vehicular violation subject to the administrative adjudication procedures of this Article without attending a hearing. Any person, who wishes to contest a vehicular violation, must file a notarized statement of facts specifying grounds for contesting the violation notice, which must be filed with the Office of Administrative Hearing Officer, postmarked within ten (10) days of the issuance of the notice of violation. The request shall be deemed filed, if postmarked by the due date herein specified. The submission of a notarized statement of facts is a waiver of the person's right to a personal appearance and the Administrative Hearing Officer will make his/her decision based upon the notarized statement of facts submitted by the person and the facts contained in the notice of violation(s). G. No violation may be established except upon proof by a preponderance of the evidence; provided, however, that the original or a legible copy of the charging document, issued in accordance with the applicable provisions of this Code, shall be prima facie evidence of the correctness of the facts specified therein. H. The Administrative Hearings Supervisor shall determine the manner in which the record shall be preserved. Such preservation may be made by tape recording or other appropriate means. Recording by any means by any member of the public is prohibited unless expressly authorized by the Administrative Hearings Supervisor. The record of all hearings before an Administrative Hearing Officer shall include a copy of the findings, iManage 113039 1 5 DRAFT decision, and order of the Administrative Hearing Officer's final determination. I. At the conclusion of a hearing, the Administrative Hearing Officer shall issue his final determination. If the Administrative Hearing Officer issues a final determination of liability, he may impose fines, assess costs, and make orders, all as provided by Section 8.21 06(F), and as are consistent with the specific Code provision(s) found to have been violated. J. At the conclusion of the hearing, the Administrative Hearing Officer shall inform the parties orally and in writing of his determination, which determination constitutes a final determination for purposes of judicial review and is subject to review under the Illinois Administrative Review Law. Based on the charging document and the evidence admitted, the Administrative Hearing Officer may issue the following determinations: liable, not liable, or liable upon a plea of no contest. The Administrative Hearing Officer also may dismiss the case with or without prejudice or grant a properly made motion by the Village voluntarily dismissing the case. SECTION 8.2108: PROCEDURE: All matters to be adjudicated by the Administrative Hearing Officer shall be commenced against the party alleged to have violated one or more Code provisions by issuing and serving upon that party a charging document and shall be conducted in accordance with the following procedures: A. The charging document shall be issued by a Village officer or employee authorized to exercise Code enforcement authority and served as provided for in Section 8.2108(C). B. (1) Any charging document issued pursuant to this Section 8.2108 shall contain the following information: (a) The name; Village Department; position; and identification number, if applicable, of the person issuing the charging document; (b) The name and address of the person or entity being charged with one or more Code violations ("respondent"); (c) The name and address of the person to whom the charging document is given if that person is not the respondent; (d) (e) (f) The section(s) of the Code alleged to have been violated; The date, time, and place of the alleged violation(s); A legally sufficient description of the activity or conduct alleged to iManage 113039 1 6 DRAFT constitute a violation of each Code section set forth in the charging document or a legally sufficient description of the facts giving rise to the allegations set forth in the charging document; (g) The complainant's name if the complainant is not the issuing Village officer or employee. The Village officer or employee shall certify the correctness of the information required by this Subsection 8.2108(8)(1) by signing his name to the charging document to be issued. Compliance with this Subsection 8.2108(8)(1) shall establish a prima facie case. (2) A charging document issued pursuant to Subsection 8.2108(8)(1) also shall set forth (a) the date, time and place of the adjudicatory hearing to be held with respect to the violation(s) alleged in the charging document and (b) the legal authority and jurisdiction under which the hearing will be held. C. (1) Said hearing shall be scheduled with reasonable promptness, provided that for hearings scheduled in all non-emergency situations, the respondent shall have at least 15 days after service of process to prepare for a hearing if requested by the respondent. For purposes of this subsection, "non-emergency situation" means any situation that does not reasonably constitute a threat to the public interest, safety or welfare. (2) The respondent named in a charging document shall be given notice of the date of the adjudicatory hearing which may appear on the face of the notice of violation, citation, or other charging document. Notice of the hearing date may be given in any of the following ways: (i) by first class mail or by overnight or two-day commercial delivery service at the respondent's last known address or if the respondent is a business entity, at any address identified for its registered agent or at its principal place of business; or, (ii) by personal service, (iii) by posting upon the property that is the site of the alleged violation(s) when the respondent is the owner or person in control of the property, or (iv) by any other means permitted by law for service of civil summons. (3) If service is provided by first class mail or by overnight or two-day commercial delivery service, the 15-day period shall begin to run on the day that the notice is deposited in the mail or given to the commercial delivery service, as applicable. D. The original or a legible copy of the notice of violation, citation, or other charging document shall be filed with the Administrative Hearing Officer as soon as practicable at the place and in the manner as the Administrative Hearings Supervisor directs. Upon receiving the original or legible copy of the charging document, the Administrative Hearings Supervisor shall select a hearing date and give respondent notice of the date, time, and iManage 113039 1 7 DRAFT place of the hearing in the manner set forth in Subsection 8.2108(C), unless the charging document sets forth the date, time, and location of the hearing and was served personally on the respondent. E. Parties to an adjudicatory hearing may be represented by an attorney or other agent, present witnesses, and cross-examine opposing witnesses. Parties may request the Administrative Hearing Officer to issue subpoenas. SECTION 8.2109: REPRESENTATION AT HEARINGS: A. Village Representation: The case for the Village may be presented by a Village employee, or by an attorney designated by the corporation Counsel but not by an employee or other representative of the Administrative Hearing Officer except as allowed by Section 8.2107(B). B. Respondent Representation: The case for the respondent may be presented by the respondent or by an attorney or agent of the respondent. An attorney or agent appearing at an adjudicatory hearing on behalf of a respondent shall present the Administrative Hearing Officer with a signed appearance form stating, on oath or affirmation, that he or she has been authorized by the respondent to represent the respondent at the hearing. SECTION 8.2110: DEFAULT: A. If at the time set for hearing, the respondent, or his attorney or agent of record, fails to appear, the Administrative Hearing Officer may enter a default judgment of liability against the respondent and impose fines and assess costs. A copy of the order of default shall be served in any manner permitted by this Article and applicable to the violation. A copy of the default judgment, which constitutes a final determination for purposes of judicial review and is subject to review under the Illinois Administrative Review Law, shall apprise the respondent of the procedure for setting aside the default judgment and shall also apprise the respondent of the availability of an appeal of the default judgment to the Circuit Court of Cook County. The default judgment shall be mailed promptly to the respondent as provided by Section 8.21 08(C)(1). B. A respondent against whom a default judgment has been entered may file a motion with the Office of Administrative Hearings to set aside the default judgment and request a new hearing. A motion to set aside a default judgment may be filed at any time if the respondent alleges lack of subject matter or personal jurisdiction; in all other cases, the motion must be filed within 21 days of entry of the default judgment excepting Saturdays, Sundays, and holidays. A motion to set aside a default judgment shall set forth the reason(s) the respondent failed to appear on the original hearing date. An Administrative Hearing Officer shall hear and rule on the motion. If the Administrative Hearing Officer grants the motion, a hearing will be held immediately on the alleged Code violation(s) set iManage 113039 1 8 DRAFT forth in notice of violation, citation, or other charging document unless the respondent requests another hearing date and presents good cause for continuing the hearing. C. If any default judgment is set aside pursuant to this Section 8.2110, the Administrative Hearing Officer shall have authority to enter an order extinguishing any lien which has been recorded for any debt due and owing the Village as a result of the vacated default judgment. SECTION 8.2111 FINES; COMPLIANCE BOND: A. All fines and other monies to be paid to the Village in accordance with this Article shall be remitted to the Village and deposited in the appropriate Village account as designated by the Village Manager. All fines and other payments must be made within ten (10) calendar days. 8. (1). In order to ensure that Code violations are remedied in a timely manner, an Administrative Hearing Officer, upon issuing a determination of liability that includes an order of compliance, may order the respondent in the case to obtain a bond to ensure respondent's timely compliance with the Code provision(s) found to have been violated. Any bond ordered pursuant to this Subsection 8.2111 (8)(1) shall name the Village as beneficiary and shall be in the amount specified by the Administrative Hearing Officer, provided that the amount of the bond shall be reasonably related to the cost of compliance. Any bond issued as a result of an Administrative Hearing Officer's order is subject to review and modification by the Village Manager as to form and amount. If the respondent fails to remedy in a timely manner the Code violation(s) for which a bond has been ordered and issued and the Village undertakes remediation or otherwise expends funds related to the Code violation(s) for which a bond has been ordered and issued, the Administrative Hearing Officer, after giving the parties notice and opportunity to be heard, may issue an order permitting the Village to draw against the bond in an appropriate amount. The Administrative Hearing Officer shall order the bond amount, less the reasonable costs incurred by the Village, returned to the respondent upon proof of compliance with the Code provision(s) found to have been violated. (2). In the event that a respondent, who was ordered to secure a bond as provided by Subsection 8.2111 (8)(1), seeks judicial review of that portion of the Administrative Hearing Officer's order requiring a bond and prevails on that issue, the Village shall release the bond, and if the Village has drawn against the bond, the Village shall refund to the respondent the total amount drawn within 30 days of receiving a copy of the reviewing court's mandate. iManage 113039 1 9 DRAFT SECTION 8.2112: ENFORCEMENT OF ADMINISTRATIVE HEARING OFFICER'S ORDER: A. Any fine and any administrative, enforcement, or compliance costs imposed by an Administrative Hearing Officer's order that remain unpaid after the exhaustion of, or the failure to exhaust, judicial review procedures, unless stayed by a court of competent jurisdiction, shall be a debt due and owing the Village and may be collected in accordance with applicable law. B. After the expiration of the period for which judicial review may be sought, unless stayed by a court of competent jurisdiction, the determination of liability of an Administrative Hearing Officer may be enforced in the same manner as a judgment entered by a court of competent jurisdiction. At such time, the Administrative Hearings Supervisor shall send a notice of final determination of liability to respondent. C. Any fine, penalty, and/or cost remaining unpaid after the notice of final determination of liability is sent shall constitute a debt due and owing the Village. Failure of the respondent to pay such fine or penalty within fourteen (14) days of the notice may result in a lien against the respondent's property (and foreclosure of such a lien) or such other remedies as may be available by law, including the denial of the issuance or renewal of licenses or permits pursuant to Article XXII of this Chapter 8. O. In any case in which a respondent fails to comply with an Administrative Hearing Officer's order to correct a Code violation, any expenses incurred by the Village to enforce the Administrative Hearing Officer's order, including but not limited to attorney's fees, court costs and costs related to property demolition or foreclosure, after they are fixed by a court of competent jurisdiction or an Administrative Hearing Officer, shall be a debt due and owing the Village. Prior to any expenses being fixed by an Administrative Hearing Officer pursuant to this Subsection 8.2112(0), the respondent shall be provided with notice that directs the respondent to appear at a hearing before an Administrative Hearing Officer to determine whether the respondent has failed to comply with the Administrative Hearing Officer's order. The notice shall set the place and the time for the hearing, which shall not be less than seven days from the date the notice is served. Notice may be served by first class mail or by an overnight or 2-day commercial delivery service and the seven-day period shall begin to run on the date that the notice was personally served, deposited in the mail or placed with the overnight or commercial delivery service. E. Nothing in this Section shall prevent the Village from enforcing or seeking to enforce any order of an Administrative Hearing Officer in any manner provided by law. SECTION 8.2113: ELECTION OF REMEDIES: In no case may the Administrative Hearing Officer conduct an adjudicatory hearing for an iManage 113039 1 10 DRAFT alleged Code violation where the remedy provided for is a punishment of imprisonment. Nothing in this Article, however, shall preclude the Village from petitioning a court of competent jurisdiction to adjudicate any ordinance violation or an ordinance violation, which provides the remedy of imprisonment, or from petitioning a court of competent jurisdiction to impose the remedy of imprisonment for failure to comply with an order of an Administrative Hearing Officer. SECTION 2: That all ordinances or parts of ordinances in conflict herewith are hereby repealed. SECTION 3: That 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 ,2005. Irvana K. Wilks, Village President ATTEST: M. Lisa Angell, Village Clerk iManage 113039 1 11 Mount Prospect Director Glen R. Andler Deputy Director Sean P. Dorsey Mount Prospect Public Works Department 1700 W. Central Road, Mount Prospect, Illinois 60056-2229 SAFETY COMMISSION AGENDA MEETING LOCATION: Public Works Building 1700 W. Central Road Mount Prospect, Illinois 60056 MEETING DATE AND TIME: Monday December 12, 2005 7:00 p.m. I. Call to Order II. Roll Call III. Approval of Minutes IV. Citizens to be Heard V. Old Business VI. New Business A. Notification Discussion Concerning Change in Traffic Regulations Around Forest View Elementary School B. Notification Discussion Concerning Change in Turn Restrictions at River Road & Ivy Lane and Burning Bush Lane & Ivy Lane VII. Commission Issues VIII. Adjournment NOTE: ANYINQIVIDUAL 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 50 SOUTH EMERSON STREET, 847/392-6000, EXTENSION 5327, TOD 847/392-6064. Phone 847/870-5640 Fax 847/253-9377 www.mountprospect.org MAYOR Irvana K. Wilks VILLAGE MANAGER Michael E. Janonis TRUSTEES Timothy J. Corcoran Paul Wm. Hoefert A. John Kom Richard M. Lohrstorfer Michaele W. Skowron Michael A. Zadel Village of Mount Prospect Community Development Department 50 South Emerson Street Mount Prospect, Illinois 60056 VILLAGE CLERK A. Lisa Angell Phone: 847/818-5328 Fax: 847/818-5329 TDD: 847/392-6064 AGENDA ECONOMIC DEVELOPMENT COMMISSION MEETING LOCATION: Community Center Village Hall 50 South Emerson Street Mount Prospect, IL 60056 MEETING DATE & TIME: Thursday December 15,2005 8:00 a.m. I. CALL TO ORDER II. ROLL CALL III. APPROVAL OF MINUTES - August 18, 2005 meeting IV. OLD BUSINESS A. Development Update B. Downtown Redevelopment Status C. CornEd Business Retention Program Recap D. 2006 EDC Goals - General Discussion V. NEW BUSINESS VI. CHAIRMAN'S REPORT VII. ADJOURNMENT Any individual who would like to attend this meeting, but because of a disability needs some accommodation to participate, should contact the Community Development Department at 50 S. Emerson, Mount Prospect, IL 60056, 847-392-6000, Ext. 5328, TDD #847-392-6064. C:\Documents and Settings\kdewis\Local Settings\Ternporary Internet Files\OLK2\12-15-05 EDC agenda. doc