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HomeMy WebLinkAbout06/10/1986 COW Minutesis mm MINUTES COMMITTEE OF THE WHOLE JUNE 1O, 1986 ROLL CALL The meeting was called to order at 7:31 p.m. Present at the meeting were: Mayor Carolyn H. Krause; Trustees Ralph Arthur, Gerald Farley, Leo Floros, Norma Murauskis, George Van Geern and Theodore Wattenberg. Also present at the mee,tirie&re: Vi"414g'e Manager Terrance Burghard, Assistant to the Village Manager Michael, Janon,11's, Director of P ublic Works Herbert Weeks, Village Engineer Chuck ,Bd,nc,l,c,, Econorn'lic Dev,elIo,pment Drector Ken Fritz, Village Counsel James Stucko and Don Eaganey and Fred Borich of Donohue and Associates. Also present were two persons from the print media.. I MINUTES The Minutes of the Committee of the Whole, meeting of May 27, 1986 were accepted and filed. CITIZENS TO BE HEARD Mayor Krause introduced Mr. Jim Stucko to the other Committee members, Mr. Stucko is the new General Counsel for the Village of Mount Prospect. Mr. Stucko works with the law firm of Pedersen and Houpt and has been with that firm for approximately ten years. Mr.,_--&tu-cko takes the place of Mr. David Newman who recently left the Pedersen and Houpt firm. Mr. Pat Carbon of the Brat en Townhomes, addressed Committee members regarding his 'problem with a six foot fence that he wished to erect on his property. Mrs Carbon related that he had one to his Townhome Association to determine the requirements for the placing of a fence on his property. The Townhome Association told him that he could erect the fe*nce if the fence were identical to the others in his area. The fences in his area were all six feet high. used upon this information, Mr. Carbon stated that he proceeded to order a custom-made six foot fence from Sears and that that fence was now ready for delivery, Mr. Carbon related that he was told by a Sears official that it was his responsi- bility to secure a Permit from the Village. Upon filling out the application for a fence permit, Mr. Carbon was informed that fences could not be more than five feet in height unless a Variation was sought and granted. Looking for relief, Mr. Carbon contacted the Village Manager's office where he was told that the Village Manager did not have the authority to grant a waiver of the five foot requirement and that he would have to seek a Variation.. Mr. Carbon then related that he attended Coffee with Council on June 7 and it was suggested that he appear before the Committee of the Whole on June 10. Mr. CArbon was seeking relief from the six to eight week time -frame that would result if he were to seek a Variation through the Zoning Board of Appeals, I Trustee Ralph Arthur suggested. that the Mayor and Board of Trustees act to grant Mr. Carbon a waiver in this particular case because the time --f rame in volved in seeking a Variation would resu.1t in a delay until sometime in the fall. It was Trustee Arthur's opinion that a Variation of this type would in all likelihood be granted by th ' e ZBA and that the delay Mr. Carbon faced was a hardship. Mayor Krause pointed out that the Village Board really had no 'jurisdiction to act in this situation because the ZBA had final say on Fence Variations of less than 20%. A suggestion was made that Mr. Carbon appear before the Zoning Board of Appeals in a similar manner as he had appeared before the Committee of the Whole in order to request guidance from the ZBA in proceeding with this matter. Village Manager Terrance Burghard indicated that due to Notice requirements and other procedural road -blocks, Mr. Carbon could not get on the official Agenda for the next Zoning Board meeting. However, Mr. Burghard indicated that he would instruct staff to make sure that Mr. Carbon was given an opportunity to speak before the Zoning Board. This process would result in only a two week delay in Mr. Carbon's attempt to put up the fence as soon as possible. IV* SPECIAL SERVICE DISTRICT #6 1. Village Manager Terrance Burghard reviewed with Committee members the status of efforts to install_. curb, gutter and street improvements within the George and Albert Streets' neighborhoods between Central Road and Northwest Highway. Mr. Burghard stated that this project had been initiated at the request of several residents in the George and Albert Streets area and that this had been a recurring issue over the past several years. Mr. Burghard reminded Committee members that Board" DaFrcOI i the area of oublic imp ts that benefited limited areas of the _rovemen ........... . 11 . ... . .. Village was for the Village t'6 pick up 50% of the cost and the residents receiving the improvements to 'pick up the remaining 50%. Mr. Burghard stated that due to the strong turn out and apparent willingness of the residents to proceed as evidenced in earlier_ meetings, a formal ballot with cover letter explaining the project was sent to all residents in the area. Some 157 property owners were asked to vote and the results of that voting is as follows: 72 voted to proceed with improvements, 65 voted against any improvements, I ballot was received which was marked "undecided," and there were 19 property owners who did not respond at all. Mr. Burghard stated that this represented an 85% return rate for the ballots; such rate of return being high in comparison to usual voter turn out in other types of elections. Mr. Burghard Indicated that with the help of Baxter & Woodman Consulting Engineers, that staff had made some refinements in the projected cost of the project and that the latest figure was approximately $660,000 for all costs. Based on the 50150 split, this would mean that the residents in the area would have to pay approximately $330,000 for the "improvements. Under a Special Service District, the cost to each property owner was based on the percent of Assessed Value of the particular homeowner's property compared with all property values within the Special Service District. Mr. Burghard indicated that the he cost to 'the property owner of an average priced home would be $200-',2,50 per year depending on the length of time for pay back, ten or, twenty years,. I .2. Mr. Frank Wellwirtz of Baxter & Woodman then explained to Committee members the differing options considered in making repairs to the streets in the area. Based on the extremely flat grades in the area and the need to use the underlying concrete base, it was decided that the most prudent course of action would be a three inch rolled curb with catch basins and an asphalt overlay. Mr. Charles Guthrie, of 1000 East Lincoln Street, spoke in favor of the improve- ments stating that curb and gutter were necessary and requested the Board act on the majority vote of the residents in the area. Mr. Guthrie also indicated that he had not received literature regarding the vote even though he was able to secure a ballot and did vote. He requested that he be placed on any future mailings and the Village Manager indicated that he would be. 11 With regard to the procedure to be taken by the Board in regard to this matter, Mr. Burghard stated that it would be most prudent to enter into an Agreement with Baxter and Woodman for a detailed engineering plan that would spell out specifically the needed improvements and refine the cost estimates even further. This detailed engineering plan would take approximately three months to complete and would cost $50,000. After that plan is completed, information would then be presented to the area residents for their review and a Public Hearing would be called at which time the project would again be discussed publicly. After the Public Hearing, there would be a sixty day waiting period during which time residents would be free to circulate a petition in opposition to the project. If 51% of the residents signed the petition in opposition, the project would have to be dropped and no further action would be taken. If there were no such opposition then the Manager proposed that the project be bid for construction in the spring of 1987. Mr. Burghard indicated that he did not have funds available for the Village portion of this project and that he would propose floating a short-term note (four to five years) which he felt the Village secure at an attractive interest rate, Trustees George Van Geem and Leo Floros stated that they were uncomfortable with the fact that less than a true majority_had actually voted in favor of the . ........ ... project. They were concerned that a significant ­­ num b'e­" r`-_"`-" 0 -f " persons ­ had voted against the project and that these persons would be forced to incur a substantial obligation when they did not wish to proceed with the project. Village Manager pointed out that there was a high pee"centage of ballots returned and that the majority of those returned were in favor of the project. Mr. Burghard pointed out that it would be difficult to justify not proceeding with the project in the face of a majority vote in favor of the project. Mr. Burghard pointed out that this was really the only valid determination of the will of the residents. Trustee Norma Murauski's noted that this project had been discussed in prior years and that this was the largest turn -out to date. She favored proceeding with the project noting that there was always a safety valve in that the residents could always petition the Village to stop the project. Trustee Gerald Farley indicated that he would have liked to see all the residents express their views but that all had the opportunity to vote and the fact that some chose not to should not deter the will of the majority. Therefore, he was in favor of proceeding., -.03- Trustee Van Geern noted that if opposition did eventually surf ace to the project after the Public Hearing, the Village would have expended a substantial amount of money for an engineering study. Mr. Burghard acknowledged that fact but indicated that once the study was done, it would become the property of the Village and that the underlying data produced by the study would remain valid so that in the future should the project proceed, the Village would not have to re -expend a sum of money for another detailed engineering report, Another Albert Street resident stated to Committee members that those in opposition to the project had chosen not to show up at this Committee of the Whole meeting to voice their opposition and that the majority had expressed an interest in proceeding and this resident requested that the Board act upon that majority showing. 11 It was the consensus of Committee members that the Village proceed with the project and instructed staff to prepare an Agreement with Baxter and Woodman to cover the detailed engi ' neering report and also to follow the basic time frame as outlined by the Village Manager. V SIDEWALK CAFE ORDINANCE Economic Development Director Ken Fritz reviewed his memo on suggested changes to the Sidewalk Cafe Ordinance with Committee members. It was Mr. Fritz's recommendation that the current Ordinance be modified to identify two separate classifications of sidewalk cafes* Classification #1 would include those cafes that did not serve alcoholic beverages. Under this Classification, the cafe would be allowed to operate from 11:00 a.m. to 11:00 p.m., and' the requirement for liability insurance would be reduced from its present level. The rationale behind the reduction in liability "insurance was that because there was no alcohol being served, there was a reduced risk of accidents or injury and, therefore, it was a hardship to require high levels of insurance coverage. The second Classification would be one covering cafes which did serve alcoholic beverages. Their hours of operation would be from 11 :00 a.m. until 7:00 p.m., and there would be a requirement t I liability served with an alcoholic beverage. The I*ab'lity insurance limits would remain unchanged for this particular Classification. Trustee Farley expressed some reservation about the whole concept of sidewalk cafes. He was concerned that these cafes blocked the free use of the sidewalk by other citizens and hindered the ability of adjacent acent businesses to attract customers because potential customers did not have clear access to these stores. Trustee Farley favored the idea of requiring food service with consumption of alcoholic beverages and suggested even more restrictive hours of operation for sidewalk cafes. Trustee Van Geern questioned there had been any Police reaction to the proposal and whether the local Chamber of Commerce had taken a position. Mr. Fritz indicated that he had not solicited nor received any response f rorn the Police Department and that the Chamber had, to his knowledge, not taken a position on the subject. Trustee Van Geem also indicated that he did not see the need for the added restriction of food service with the consumption of alcoholic beverages on the sidewalk cafes. Likewise, Trustee :deo Floros -favored the overall approach to the Ordinance but did not see the need to require food service with the consump- tion of alcoholic beverages. Village Manager Terrance Burghard indicated that the Ordinance and its suggested changes were an attempt to enhance downtown pedestrian traffic and thereby increase commercial activity during the evening in the downtown area., -4-- Vilk after further discussion among Committee members, it was their consensus to follow the staff recommendations and staff was instructed tow prepare the necessary Ordinances to enact the changes. PUBLIC WORKS FACILITY CONSULTANT INTRODUCTION Village Manager Terrance Burghard introduced Mr. Don Eaganey and Mr. Fred Borich from Donohue and Associates who would be conducting the study on the question of the Public Works facility. Mr. Borich reviewed with Committee ,members the general outline that the study would take and discussed some suggested time -frames. There would be three phases; the first being to gather and process data; the second being the development of alternatives and the final phase being the selection of the most optimal alternative. Mr. Borich indicated that he was also at the meeting to solicit any comments and suggestions from Committee members regarding the direction of the study and the thoughts and ideas particular Committee members might have with regard to specific issues and options. Board members were invited nvited to sit in on staff interviews and any planning sessions that would be scheduled throughout the course of the study. Mr. Borich asked that a Village team be assembled that could provide Donohue and Assoc,liates with the technical data that they needed in order to complete the study. D,iscuss,ion among Commi, ttee members resulted I in, the direction, that the Village Manager choose thos'e, staff people who would rnake up the management team, I " Ilage Further, it was suggested that at least two, Board members be part of the Vi team, preferably one from each of the, expressed viewpoIntso Trustee George Van Gee volu " nteered to be a member of the team and any other Board member who was interested in volunteering for the Village team was asked to contact the Village Manager's office the next day. Trustee Van Geern gave his general thoughts on the project and stated that he, was not looking for the most expensive building but that he did want enough, room to store our most expensive and vital vehicles, and to have a facility that would have enough space to promote efficient operations. He also was looking for concrete alternatives for the Pine Street lot should it be recommended that the present site be abandoned# Further, Trustee Van Geern indicated that he was looking for a long, ­term solution to Public Works question and -that he did not require that the efficiencies gained or the costs saved in reduced capital equipment purchases balance out against the cost of the project* Trustee Leo Floros and Trustee Gerald Farley indicated that they concurred with the general outline of Trustee Van Geem and Trustee Floros indicated that he was especially concerned that some detailed thought be given to alternate uses for the Pine Street property, Village Manager Terrance Burghard indicated that, he felt that partici ,pation by the Board at all stages of the study was vital and encouraged Board members to get' involved as much as their schedules would allow,,$, 'Mr* Burghard indicated if special, evening or weekend meetings were needed to review progress then, he, would schedule such meetings,, f Mr. Burghard reported that he had been notified by the, owners, of the Schimming Oil Company that they would be vacating the Schimming 0i'l but"Iding at the end of June. Mr. Burghard L*ndicated that he would be giv , ing, noti"ce to the remaining tenants 'in the Schimming Oil and Pro Sports buildings that their leases would be terminated at the end of August. At that time, the Department of Public Works would besoliciting bids for the demolition of the property to take pla gin ce sometime during the fall months. Mr. Burghard also reported that the Water Storage Study on the elevated tank was J 0, proceea , i Ing and that active testing and rievi,ew of data were now, taking place* M r. Burg,hard Indicated that he was confident that the report would be completed on week of July& time and that he would have it in his pos.session by thend, seco VII19ANY OTHER BUSINESS There being no further business to discuss before the Committee of the Whole, the Committee moved on to the next item of business* IX, ADJOURNMENT 4 There being no further business to be discussed, the meeting was adjourned at 9:13 p.m. Respectf ully submitted, MICHAEL E. JANONIS Assistant to the Village Manager MEJ / rcw