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HomeMy WebLinkAbout1272_001VINUTES COMMITTEE OF THE WHOLE MARCH 14, 1995 Mayor Gerald Farley called the meeting to order at 6:10 p.m. Present at the meeting were: Mayor Gerald L. Farley; Trustees George Clowes, Timothy Corcoran, Richard Hendricks, Paul Hoefert and Irvana Wilks. Trustee Michaele Skowron arrived at 6.18 p.m. Also present at the meeting were: Village Manager Michael Janonis, Assistant to the Village Manager David Strahl, Finance Director David Jepson, Assistant Finance Director Carol Widmer, Fire Chief Edward Cavello, Deputy Fire Chiefs Del Ulreich and Steve Dumovich, Community Development Director William Cooney, Building Code Coordinator Brad Paulsen, Environmental Health Coordinator Robert Roels, Police Chief Ronald Pavlock and Deputy Police Chiefs Thomas Daley and Ronald Richardson. MINUTES Acceptance of the Minutes from February 28, 1995. Motion made by Trustee Hoefert and Seconded by Trustee Clowes. Minutes were accepted unanimously. Trustee Clowes abstained. CITIZENS TO BE HEARD None. :V 1995 BUDGE , DISCUSSION, Mayor Fadey provided general opening remarks concerning the stage that th-W Budget discussions are at to this point. He stated that this is a continuation of thz Budget discussions for the eight-month budget period. gianager Janonis reminded the'Tillage Board and citizens that we are discussing an eight-month budget. The Budget reflects a 2.8% increase overall. The Budget p 'des a continuing level of service and breaks no new ground. He also rovi reminded theVill.age Board and the citizens that the Budget Hearings for the 1996 Budget will commence approximately October.of 1995. D"evartment, "Overview Fire Chief Edward Cavello provided an overview outlining the restructuring of the Command Staff due to -a recent retirement. He also stated that there are currently 67 sworn personnel which has been reduced by one through the use of a civilian employee. He also provided a general overview of the Departmental operations. Deputy Chief Del Ulmich provided an overview of the operations budget outlining the current service level and the current projects which are currently being implemented. Among the projects they are working on at this time is the implementation of a Rescue Squad so that the new Quint which was purchased last year does not have to go on each fire call. He also stated that they are in the process of revising the response grid to reduce the overall response time from the various stations. Deputy Chief Ulreich also stated "that there have been an increased number of duty-injLiry days off this year compared to previous years. He also stated that the Operations Division is also looking at financing a training tower in the future. Deputy Chief Steve Dumovich provided an overview of the Fire Prevention activities for the previous year outlining the number of inspections and public education programs in addition to the number of plan reviews which were performed. He also stated fire prevention activities account for approximately 5% of the total Fire Department budget. Chief Cavello provided an overview of the activities of various, Fire Departments in order to establish a Fire Service Accreditation Program similar to the program which the Mount Prospect Police Department has recently been reaccredited in. He stated that the accreditation program recently received valuable input from the lCMA Conference participants which was recently held in Chicago. He stated that they are in the process of reviewing the means to assign costs and benefits sof establishing such a program. General comments of the Village Board included the following: Numerous Board members asked how businesses are contacted as part of the public education effort. These contacts are established through the Chamber of Commerce and through personal contact including the Community Development Department which Will be involved in future presentations to the various business owners for fire safety. The sale of the old ladder truck is still pending. The Department recently explored the least expensive approach to selling the vehicle but were unable to obtain a reasonable bid representative of its value. At this point, the Department is reviewing the possibility of using a broker to market the vehicle. The broker will evi take a percentage of the overall costs for the sale of the vehicle. 2 A question was asked whether there was a possibility of staffing the Department for high and low service demand times. Unfortunately, due to the variance in the staff service demands, the opportunity to vary the number of personnel which are on shift at any one time would,b6 limited. There has been extensive use of Automatic Aid Agreements' to supplement full-time personnel. The Capital expenses requested include in -mask communications and an update A T and replacement of the Optidom system throughout town. The training tower would need approximately two acres to be effective due to the number of vehicles and the space needed for appropriate maneuvering. The Department is currently reviewing i of Grant Funds for assisting in training tower acquison and construction. A review of the Carbon Monoxide Detector responses was also discussed. Some Board members also expressed a concern about the number of personnel sent on a carbon monoxide call. Other members of the Village Board expressed concern about the on -duty injury totals which, during the past year,. were due to back in . unes associated with J removing victims from various confinements. Resident Dick Bachhuber asked whether the Fire Department has established an estimated cost per fire and ambulanc6 run. Chief Cavello, stated the best guess on such a cost estimate would be based on the total budget divided on the number of calls lor the' past year. IPAA!66� 00k'a ht, 04 W, Police Chief Ronald Pavlock provided a general overview of the current service levels provided by the Police Department personnel. He stated that this budget reflects a continuation of the previous service level established by the Village Board. He also provided a general overview of the Citizens' Survey which was recently completed as part of Accreditation requirements. Some highlights of the Budget included an increase in overtime over last year due to stepped up activity in Court due in part to additional arrests. He also stated that the six additional Police Officers which had been authorized to be hired are now paying off in increased activities. Chief Pavlock also stated that during 1995, there will be a need to schedule a promotional test for the Sergeant list which is soon to be expiring. Mayor Farley read Candidate Tom Davies' letter which he sent concerning recommendations to purchase a mobile Police substation for use in the areas of high activity. 3 General discussion by the Village Board members ensued. It was determined that the Student Resource Officer (SRO) discussion will occur after the general discussion of the Police Budget. The Department is currently considering the possibility of puffing a program together which will adjudicate moving violations to minimize the Court time if the violator pays the fine to avoid having to appear in Court and would be able to keep the minor violation off of their general driving record -.- The increase in statistics from the previous year is expected to increase even further in 1995 when all the new Officers become fully operational which did not occur until February of 1995. A call-in question was answered concerning Randhurst security and the number of young people who congregate at the Randhurst Mail. The Randhurst security force works very closely with the Mount Prospect Police Department and there have been no concerns expressed by the security detail to the Police Department concerning the number of people which are congregating" at Randhurst Mail. It is not unusual for groups of young people to be seen at the Mail. The SRO discussion took place in which Board members discussed the possibility of the funding with the Police Department personnel. Village Manager Janonis provided an update to the Village Board on the discussion with the Ad Hoc group with school staffand Village personnel which previously took place to discuss the possibilities of funding assistance for the SRO Program. However, since the Grant application was fast approaching prior to getting consensus of the group, he authorized the Grant application being submitted prior to approval by the Village Board in order to protect the opportunity to receive the funding if, in fact, the Village Board did so designate. Chief Pavlock provided a general overview of the Grant process. He also, stated that the Village could opt out of the program in future years and stated that the Grant 'itself provided some'percentage of funding for at least three years. The concept that he is recommending at this point is a problem -solving unit of two Police Officers. These Officers would focus on specific problems which have been identified by these Officers for a specific period of time. The measure of success of such a program would be based on the number of partnerships established with various community groups including neighborhood groups and Visions Committee involvement in addition to Crime Prevention. The Officers would be responsible for identifying and resolving problems which have been pointed out to them through these contacts. The key component of this Program is the flexibility of the Officers to work in any problem area. Such a problem area may also include a school or any other location. 4 $kd'Wton'stdt6d that she supported the proposal of _ problem -solving important o • o more than just respond to She also was suipportive of activity measures to determine the success of the program. Trustee Corcoran stated that he also supported the proposal and would be interested in considering ng n .SRO Program in the future if the statistics justify it. Trustee Cloves stated that he is supportive of the problem -solving unit. He also was favorable to the flexibility that such a Program lends itself to. The program should sunset after three years with the unit presenting recommendations to the Village Board at the end of the three-year period for ways to do away with the unit. The focus should be to eliminate the problems which create the need for Officers in the first place. He felt that the statistics as they currently exist do not support an SRO Program in the schools. Trustee Wily stated that she also supports the concept and feels that three years worth of funding assistance should provide a good review of the program. She also stated that she felt this was a proactive approach to addressing the. problems which have been identified. Trustee Hoefert stated that he has concems with the SRO approach but supports this; program due to its flexibility as outlined and proposed by the Chief. Manager Janonis stated that he did not anticipate funding assistance from the schools for the program as outlined. The grant monies would assist in training and getting the officers on board for the three-year period of the Grant. Trustee Hendricks stated that he felt the officers should be used on acommunity- wide basis and the head count should be reduced bank to 1995 levels once the funding for the program has expired. Mayor Farley asked for a pull of Board members to determine their level of support for the SRO Program and the problem -oriented Policing Program as outlined by Chief Pavlock. Consensus of the village Board There was unanimous support for the problem - solving unit to be established with Grant funds. The SRO Program had majority support for additional discussionin the future. v Com, munitv,�Devolbbme'n , t Overview Community Development Director Will Cooney provided an overview <of the reorganization of the Planning and Inspection Services Departments. He also provided a general overview of the functions of each Division within Community Development. He also provided an overview of the highlights of both Departments for the last fiscal year. He stated it is anticipated that by 1997, a new Building Department rating system will be in place to rate effectiveness of a Building Code Permit system similar to the ISO rating system. General comments and questions from the Board included *questions concerning the status of the computerized permit tracking system. Also, Board members asked about the number of food service inspections and number of reinspections from the last calendar year. The increase in the number of housing reinspedtions is based on improved follow-up by Inspectors and the Court policy which has been established. Currently, staff is working on numerous approaches to reduce the burden on staff but to maintain a high level of compliance. At this point, the focus of many of the Inspectors has been'to at least get fines of some type levied by the Judges. V. ANY OTHER BUSINESS Dennis Pdkkel,, 1731 West Pheasant Trail, spoke. He wanted to congratulate staff on their activities in addressing the problems of the south side. However, he wanted to point out his concerns at Timberlake and the general poor attitude of the building owners in trying to address the problems which exist there. Manager Janonis stated that he has been made aware of the concerns at Timberlake and staff is addressing those issues as we speak. Trustee Corcoran stated that he believed each Board member had received a letter about Gun Control Preemption and requested the Village Board consider sending a letter requesting our respective elected representatives at the State level to vote against this legislation or to consider passing a Resolution due to the proposed preemption of home rule powers in this Bill. There was general support of all Village Board members to consider a Resolution at the next Village Board meeting. 6 Trustee Hendricks stated that he feels that the conservator of the peace regulation which currently exists under State Statutes continues to provide him with the necessary powers to continue as a conservator of the peace due to his elected official status. He also is requesting the 'Village Manager sign him up to attend a weapons training class similar to the one that sworn Police Officers must attend prior to becoming active Patrol Officers. He also stated he opposes the 'Village selling water to Prospect Heights for use at their Police Station which is currently under construction. Trustee clawes requested that the Gang Suppression Ordinance draft which was provided to the 'Village Board members include an area which highlights the Sections which are currently existing in the Municipal Code elsewhere. Trustee Wilks stated she hopes to get the final revisions to the Gang Suppression Ordinance completed as soon as possible so that the 'Village Board members can consider the Ordinance at its earliest convenience. 111. AD OURSIMEI T, There being no further business, the meeting was adjourned at 10:17 p.m. Respectfully submitted, DA VI C BTRAH L D /rcc Assistant to the Village Manager 7 ;' AV Revised 4!25195 MINUTES COMMITTEE OF THE WHOLE MARCH 29 1995 [. CALL T"11/. ORDER Mayor Gerald Farley called the muting to order at 6:12 p.m. Present at the meeting were: Mayor Gerald L. Farley; Trustees George Clowes, Richard Hendricks, Michaele Bkowron and Irvana Wilks. Trustee Paul Hoefert arrived at 6:41 p.m and Trustee Timothy Corcoran arrived at 7:03 p.m. Also present at the meeting were: Village Manager Michael Janonis, Assistant to the Village Manager David Strahl, Finance Director David Jepson, Public Warks Director Herb Weeks, Deputy Public Works Director Glen Andler, Fire Chief Edward Cavello, Deputy Fire Chiefs Steve Dumovich and Ciel Ulreich, Assistant Finance Director Carol Widmer, Community Development Director William Cooney, Public Works ,Superintendents including Solid Waste Coordinator Lisa Angell and Administrative Aide Dawn Wucki and Police Chief Donald Pavlocl. II. MINUTES Acceptance of the Minutes from March 14, 1995. Motion made by Trustee kvwron and Seconded by Trustee Wilks. Trustee Clowes requested some minor changes on page five but would accept the Minutes as written. Minutes were approved with revision outlined by Trustee Cloves. III. CITIZENS TO BE HEARD Carl Hogland, of Five North Pine, spoke. He commented on the proposed expansion of Northwest Electric. He stated that the. western expansion of this business is contrary to the Comprehensive Plan. He stated this ,expansion limits the future development of Wille Street. He stated Northwest Electric should maintain its focus on its Main Street frontage. He urged the Village Board to reject Northwest Electric's proposed plan for expansion. IV* 11006BUD G,"EtOUSSION Mayor FarIley provided general opening remarks stating this is the third of three Budget sessions. This session will focus on Public Works, a review of non - Departmental items specifically many Capital items and a discussion on the Finance Commission recommendations. He hopes that by the conclusion of this meeting, the Board will be able to direct staff to start the Public Hearing process at the next Village Board meeting which will eventually lead to a completion of the Budget approval process, Manager Janonis again provided general overview of the Budget was presented. This Budget is for eight months in preparation of a calendar year budget beginning on January 1 1996. This Budget total is approximately $35.7 million and represents a 2.8% increase over the prior fiscal year's Budget. This Budget focuses on sustaining current service levels. Public Works Director Herb Weeks provided a general overview of the Public Works Budget. He stated that the change in the fiscal year will greatly benefit the Public Works Department when it is necessary to send out construction proposals. He feels that when proposals are sent out in future fiscal years, the Department will be able to realize potential savings being illustrated directly in the Budget because the bids will be able to be considered during the budgetary process for fiscal years beginning in January. Within the proposed Budget, dget, the Public Works Department is recommending the extension of the Leaf Removal Program by three weeks based on previous comments from residents about the: Leaf Pick -Up Program being too short and the variable time which leaves fall from residents' trees. The extended Program is projected to cost the Village under $4,000 and add virtually no cost to the residents for the extended period. The funding for the Sidewalk Replacement Program shows an increase relative to a recent sidewalk hazard survey. The Department is stepping up its replacement of hazardous sidewalks to reduce liability to the Village in the future. In addition to sidewalk hazard remediation the Department "is also focusing on trees which have been previously 'identified as potentially hazardous and remediation efforts are currently under way. Sam Camp, 216 North Louis Street spoke. He stated he is here to represent not only himself but also Louis Velasco. He wants to keep Louis Street business -free and reserved for residents only. He stated although he is not anti -business, he feels it is a residential street in a residential neighborhood and it should be maintained as such. He stated, he feels the Village does not seem to be responding to the residents in order to resolve this situation in'a timely manner. He also stated he is concerned that the widening will not meet the Development Code specifications as proposed in the Public Works Budget. General discussion of the Village Board members included a discussion on the rz Tree Cost -Sharing Program. It was noted that the increase in the cost-shaning amount has apparently decreased the amount of participation by the residents. There was also discussion concerning Weller Creek improvements near the School Street bridge and public property improvements due to erosion problems. Trustee Wilks requested that the staff review the possibility -of reducing the citizen contribution for trees to encourage tree plantings. A summary of Non -Departmental Expenditures was provided by Dave Jepson. Mr. Jepson provided an overview of the Enterprise Funds and Capital Improvement items. He highlighted the cost for the Village Hall Space Study and $100,000 earmarked for Phase 11 of the Computerization Program. Other Capital items include an upgrade of the communications system for Police and Fire Departments. There are also expenditures earmarked for replacement of 16 squads, an ambulance and a Fire Department squad. gCom Reciom mendatibos Dick Bachhuber, Chalffnan of the Finance Commission, presented a short summary of the Finance Commission recommendations. He stated the Finance Commission felt the Budget was well prepared and did not have any major concerns with the Budget items. Finance Commission members felt that smaller expenditures should be reviewed in order to be considered for cuffing if necessary. Village Board members provided general comments in response to the Finance Commission recommendations: Mayor Farley stated he was satisfied with the Budget As presented and would request no significant changes. Trustee Skowron stated that she felt the Budget reflects good service delivery and wanted to reiterate the fact that the Village Hall needs to be looked at. She stated that she is satisfied with the Budget as it is presented. 4 • i• • '. �1 X11 • • • i - • • II # •` Trustee Hoefert stated that he feels this is a very tight Budget which reflects basic quality services. He is satisfied that the pillage has been able to move forward with necessary computerization, flood central and downtown redevelopment along with refuse reduction programs. He feels that .emphasis on new technology will sage the Village money in the long -run. He also wanted to highlight the fact that the Village receives a great deal of benefit from numerous volunteers which assist the Village and do not effect the bottom "! line on the Budget. He stated he is satisfied with the Budget as presented and reserves the right to review requests or purchases as they are presented to the Village Board. CorcoranTrustee # that he felt the Budgetdocument was quite detailed and well thought-out. statedthat he has concernsrelating to Police dollar -per - dollar fortorespond to a false alarm. He would also recommend causingInspection Services' operations as a revenue source and charge people who are the workofthe Inspectors.statedhe is confident• • of fluff in the Budget •supports presented. Trustee Wilks stated that she feels the document is complete and she supports the Budget as presented. However, she would like to review the citizen fee of the cost-sharing program for replacement trees. She feels the condition of the ;'Village Hall should be addressed soon or the 'pillage Board will have to decide on a replacement facility. ri Mayor Farley stated that there appears to be Village Board consensus to proceed with a first reading of the 19,95 Budget for the next Village Board meeting. R Manager Janonis stated that he wanted to thank the Village Board members for their coperation in putting the Budget together and would like to acknowledge the good working relationship; between the tillage Board and the staff. V. ANY OTHER BUSINESS Mayor Farley stated that the Village has assisted the Livens in covering part of the cost of their 4th of Judy Fireworks in the past. The Lions recently requested additional funding assistance for the Board of consider, He also stated that there is a Special Events Commission meeting coming up this Saturday which will discuss the possibility of an 80th Village Birthday celebration. Once the Commission puts together a proposal for consideration, the Village Board will have the option of reviewing their recommendations. Trustee Hoefert asked what the status of the Route 83 speed limit enforcement has been and the reconstruction status of Route 83. Manacger Janonis stated that there is continuing discussion concerning alternatives for construction of the road and anticipates a report and possible Public Hearing in the spring. Chief Pavlock stated there has been extensive enforccement throughout the entire stretch of Route 83 and had beenwritincg trete with average speeds of 15-18 miles per hour over the speed limit. Trustee Clovas commented on the SWANCC Newsletter and felt that the 70,000 pieces of paper which were distributed as part of the Newsletter provided little additional information and would request ,ANC reconsider such publications in the future. "Trustee Hendricks commented that the Zoning Board of Appeals and the Sign Review Board have final say compared to ether volunteer commissions which only recommend to the Village Board. Manager Janonis reminded the Board that there is an upcoming Public Hearing on March 30 concerning the Citizens' Utilities rate increase request. The Hearing will take place at Hersey High School in Arlington Heights. He also stated that the Village Board meeting will be on April 8 instead of April 4 due to the consolidated election on April 4. On a Motion made by Trustee Hoefert and Seconded by Trustee Wilks, the Commiltee of the Whole moved Into Closed Session to discuss property acquisitionldisposNon at 9=23 p.m. Thea was no need for personnel. The Committee of the Whole reconvened at 10.18 P.M. VI. ADJOURNMENT There being no further business, the meeting was adjourned at 1019 p.m. Respectfully submiftne. i r DAVID BTRAH L DBlrcc Assistant to the Village Manager 7 MINUTES COMMITTEEOF THE WHOLE a P i 1995 i • ' 01 =1 j Mayor Gerald Farley called the meetingto order at 7:32 p.m. Present at the meeting were: Mayor Gerald, L. Farley; Trustees George Clowes, Timothy Corcoran, r # Hendricks, Paul 7- - Michaele # and r r Also present " Village Manager Michael .. Assistant Worksthe Village Manager David Strahl, Public Works Director Herb Weeks, Deputy Public ! r • Administrative Cathleen lHl i u ** Acceptance •the Minutes from1995. Motion• by Corcoran andSeconded by Trustee• - to accept Hendricks requested + at top page seven concerning his statements regarding conservator of the peace and requested a review of the tape of the meeting to correct possible ♦r Clowes requested r correction on page five relating to his comments regarding the problem -solving unitbeing considered a part of this fiscal year's # # Acceptance of the Minutes from March 28,1995. Motion made by Trustee Hoefert and Seconded # Clowes to accept Minutes. requested r revision of r at page Trustee ♦ r her suggested + ` Hendricks requested a,change on pagesix ` a review of the tape to correct possible rr concerning statements. CITIZENS TO rM HEARD Jerrv$od• # spoke. stated that he recently read Mayor Farley responded to the resident's question by stating that the Library may request the Village Board to put the Referendum question on the ballot in November. However, the Library is not required to come before the Village Board to get approval to put the question on the ballot. Ralph Hillenbrand, 1318 Mallllard Lane, spoke. He stated that he has a handicapped mirror hanger card and has been told that he cannot get the free vehicle sticker which is available to other handicapped residents which have handicapped license plates. Mayor Farley requested Manager Janonis to research this question and respond directly to Mr. Hillenbrand concerning his question. Emile Lasse, 805 South Elm., spoke. He stated he was a candidate for the Park District Board during the most recent election. He stated that the Village had sent all candidates a letter outlining the regulations of posting election signs in the public right-of-way or parkway. He stated that he came to the Village Manager's office on election day and the Village Manager refused to enforce the Ordinance concerning election signs in the public right-of-way during election day. Manager Janonis responded that he told Mr. Lasse that if the Village pulled signs, there would invariably be signs that would be missed and the Village would be subject to charges of favoritism. Mayor Farley stated that he supports the Village Managers decision concerning these election signs on election day. He stated that it is unfortunate that some candidates cannot abide by the Ordinance. Manager Janonis provided a brief description of the project. He stated that the Village had made a decision in 1990 to embark upon a Flood Control Project which would be broken into eight phases and be considered a multi-year project through the year 2004. The funding for this Flood Control Project comes from Home Rule Sales Tax. At this point, the Project list has been completed up to Phase V and Phase VI is set to be funded for the coming fiscal year. The Village Board haspreviously considered the additional Project of the Wedgewood Terrace and the Maple/Berkshire area as possibly adding these projects to the list. Numerous Weller Creek residents had previously come forward at a Coffee with Council requesting some consideration from the Village Board to resolve the deterioration of the Creek bank area. rt � i • • i • A "`i o1� i • � r • � r � w i r r# � i i � � i i� �y� w i � s � � i +r r � � ♦ .n i so 0 '� • • !i � i"i� r+•Ili #�• i* # • i.. �� � • w rt w #� l! r• i f �. r W w r w '� # • � � w i � + i 1 i � i � � � � i 9 i w i � r rt '� i � i #r � r 7 i i i � � ♦ i i �y + # w r � ^� � ♦ At w r � i 7 '�# r � i # i w ! • i i � � w � r � � � rt r � w � i i # � r � � w # i � # r 111 • w ! � i i � + w Grace DeVito, ke. She ld y� iSouth#kflood y + w "� that she like to c6mlime'n't # Village li ♦ 1R measures r i r have rt. been implemented. However, she stated that the problems on Weller Creek include flooding, pollution and erosion and should be addressed with all due speed. stated r initially brought concerns to i Village #.. Board, the Board members w li requested The + determine the level #yy +1� ort of residents along }i # repair rt �#�ymaintain bank considerthe intended solution of the residents. She would request the Village Board sections to fixing the Creek in spread t associated resolving the 'concerns. i stated w r concerns `w Weller Creek needs d continuing to be time ue to the deterioration w i before w projected frame W General discussion followed in which a detailed discussion of what the effect of the erosion has had on some. of the channel crossings. The Village has had difficulty in the past getting easements for access from the residents to address some of the concerns which are, now being brought up by the creek -side residents. Some of the items which need to be addressed 'are' access to the Creek itself, maintenance of any improvements which may be provided, restoring the slope of the Creek bank, and removal of trees with exposed,root systems. Also, some research needs to be completed as to which agencies have responsibility for the Creek and how the Village resolves the identified problems through these other agencies. The consideration of a creation of an Ad Hoc Committee made up of citizens and staff members was discussed. This Ad Hoc Committee would review the consultants report and look into ways to address the issues which would be idened in the study with minimal impacts or reduced impacts upon citizens which have property fronting on the Creek. As part of i Report, a request could be made of the consultant for them to determine who has responsibility and recommend possibding options which may be available outside of the Bonding ability of the Village which is currently funding the other projects. The likelihood of the project being broken into segments is a realistic possibility so that problem areas can be identified and possibly resolved quickly. Chuck Beesley of 701 South Berkshire spoke. He stated that he is happy to see the Village Board reviewing the situation on Weller Creek and consider moving forward with the necessary steps to resolve the situation. The consensus of the Village Board was to determine the projected cost of the Project through a comprehensive study. Within the study itself, the requirement that the project be broken into segments or phases and the study should also recommend priorities of each phase. The study should also identify what other jurisdictions are involved in the Creek itself and what their responsibility is in rectifying the situation. The study will also address possible funding options which may be available to assist the Village in carrying out the recommendations from the study. Finally, the Board recommended an Ad Hoc Citizen Group be formed of residents in the Weller Creek area with assistance from staff to meet and discuss solutions to Weller Creek and review the Consultanfs Report when it is finished. Prior to a Village Board decision to move forward with the recommendations of the Consultant the Ad Hoc Committee would provide information and recommendations to the Board to consider. Vicky Bayer of Nine West Berkshire spoke. She stated she would be happy to volunteer when necessary for this Committee. She stated that she has concerns about the possible improvements which may be necessary to the Creek. She purchased a home with a natural setting and would not be supportive of altering the natural setting to improve the Creek bank. Towing Contract. This item will be brought back within 60 days possibly by the end of June for discussion due to the expiration of the current contract. 7101Use of Stationery by Village Board members. This issue has been resolved and no longer needs to be on the list of Deferred Items. 8. Follow-up Discussion regarding SWANCC. A review is proposed in July after the SWANCC, Executive Board recommendations have been formulated. 9oating Committee of the Whole meetings. This could be a short discussion item which could be plugged in 11 to a regular Board meeting which hasla light Agenda. 10. Annexation Dpportunitles. This item will be discussed as research is completed by staff. A review Map and possible opportunities will be identified as part of the information provided to the Board members. 11. Detail of Board Minutes. This should be a short discussion item which can be plugged into a regular Board meeting since there would be limited staff research necessary to resolve or provide the background information for Board members to consider. *12. Tenth Amendment Issues. *13. Density/ Residential Redevelopment Opportunities. *14. Student Resource Officer (SRO) discussion. *15. Residential Neighborhood Issues: Recreational Vehicless Home Occupation Regulations. These items will,be •brought forward once staff has completed the necessary research for the Board to consider. VII., ManaQ--.-&t efs Revor None. Vll. ANYOTHER BUSINESS Trustee Skowron requested research be conducted to change the addresses of some residences which are within Mount Prospect but have an Arlington Heights address. She also requested a status report on the streetlight installation at Lake Briarwood and Algonquin. Trustee cloves stated he was concerned about TCI dropping Channel 33 and eliminating the local cable programming. Trustee Hoefert suggested the consideration of Village Board meetings which have light Agendas to have Committee of the Whole items added to the Agendas which could be'discussed and disposed of without adding to the Deferred Items list. V111. ADJOURNMENT, There being no further business, the meeting was adjourned at 10:22 p.m. Respectfully subitte DAVID .TRAH L DS/rcc Assistant to the Village Manager 7 VILLAGE OF MOUNT PROSPECT COMMUNITY DEVELOPMENT DEPARTMENT Mount Prospect, Illinois TOMICHAEL E. JANONIS, VILLAGE MANAGER FROM: WILLIAM J. COONEY, DIRECTOR OF COMMUNITY DEVELOPMENT DATE: APRIL 201,1995 SUBJECT.- DRAFT AMENDMENTS TO PROPERTY MAINTENANCE CODE There were a number of recommended code changes suggested by the Visions Housing Committee and Staff that were not addressed by the adoption of the Property Maintenance Code. These suggestions are listed below. 1. Regulation of shopping carts. 2. Restrictions on the repair of vehicles on public streets. 3. Regulation of mobile food vendors. 4. Creation of fees to encourage compliance with Multi -family rental inspections. 5. Inclusion of occupancy requirements as a rider in the lease. Village Staff has drafted several ordinances to address the concerns listed above. In addition staff has reviewed the Residential Landlord and Tenant Regulations. The regulations have been updated to reflect 'current policy and use. The following is a summary of the proposed regulations and amendments to our existing codes. Chapter 21 Article 21 Shopping Carts Shopping carts are littering a number of areas of the Village. Efforts to encourage management to retrieve carts that are no longer on their property and for management to discourage the removal of carts from their property have been unsuccessful. This article provides that; 1. The owners of the carts must permanently identify the carts with the name, address, and phone number of the premises at which the cart is used. 2. The owner is responsible to reclaim the carts. 3. Carts found on public or private property may be removed by the Village. 4. The Village will notify the owner in writing of each abandoned cart. A fee of $15 will be charged for each cart picked up within 5 days of the written notice. A $50 fee will be charged for removal and disposal after 5 days of notice. Michael E. Janonis Page 2 April 20, 1995 5. The owner of any shopping carts shall post a notice containing the provisions of this article. Chapter 12 Food Service Vehicles Regulation of mobile food service carts was recommended by the Visions Housing Committee. Staff has experienced the following problems with the carts and food service vehicles. I The carts and food service are not returned to the commissary daily for storage and cleaning in an inspected facility meeting local health regulations. 2. Littering and garbage from the customers of the carts. 3. Unsanitary dispensing, preparation, and storage of food products has been reported to us. 4. Product has lost quality due to freezing and thawing. The following amendments to Chapter 12 are recommended by staff. %_1 1. Prohibit a food service vehicle without mechanical refrigeration to dispense food unless they are factory sealed snack items such as chips, pretzels, or soft drinks. 2. Require operators to maintain a log showing the date and time a food service vehicle was returned to the commissary. 3. Requires a license to dispense food. The Village Attorney is reviewing Chapter 12 to determine the appropriate section to place this regulation. Sec. 18.1426 Repair of Vehicles on Public Ways The repair of vehicles on public streets is a hazard and may result in damage to public street. This section prohibits the repair of vehicles on the public way except in an emergency when the repair takes less than one hour. Chapter 21.1306 - 21.1309 Notice of Violation, Enforcement Fees, and Exceptions to Enforcement Fees Reinspection fees were recommended by staff and the Visions Housing Committee to encourage compliance and to recover the costs of the additional burden that non-compliance places on the Village resources. Recently a new approach taken by the City of Portland, Oregon was found. AdMinlistrative fees are charged to the owner of a property that has failed to comply with a notice of violation within 30 days. The fees are charged on a monthly basis and continue being charged until the owner has notified the city that all violations are corrected. An inspection is then made to determine if there is full compliance. If there is not full compliance the fees will continue to be charged. The advantage to this approach is that no inspection staff time is spent until the village is notified that Michael E. Janonis Page 3 April 20, 1995 the violations are corrected. This approach will reduce staff time spent on reinspection, save court for the most serious problems, reduce court time and costs for the Village, create a monetary incentive for owner to comply, and permit the Village to recover some of the costs associated with owners that do not comply within the required time limits. The monthly fee charged is based on the number of units involved. These fees would be charged to allall o nem of property violating the property maintenance Code as adopted by the Village of Mount Prospect. This fee would not be limited to the owners of Multi -family rental property. The code also provides for exceptions to the enforcement fees. The exceptions are limited to those repairs that may not be permitted during the winter, and in cases of extreme financial hardship. The Visions Housing Committee recommended that the time limit for compliance be 60 days as applied to the owners of Multi -family buildings. There was no discussion of applying this fee to single family homeowners. The fees discussed by the Visions Housing Committee was $50 for a six unit building. The fees charged by Portland and in this draft ordinance are; 1. $50 for 1-4 units 2. $ 100 for 5 -20 units 3. $150 for more than 20 units See. 23.1803 Dwelling Unit The definition was amended to be consistent with the Zoning and Property maintenance Code. Sec. 23.1804.E Attachment to the Rental Agreement The section was amended to require a copy of the occupancy requirements of the Village's Property Maintenance Code to be included with the Residential Landlord and Tenant Regulations and attached to the rental agreement. This addresses the recommendation by the Visions Housing Committee that tenants and landlords are aware of the occupancy requirements. Sec. 23.1805.B,C,G,H, and I The sections have been amended so that they are no longer gender specific. Sec. 23.1806.A.1 This section was amended to be consistent with state law. See. 23.1806.E This section was amended to be consistent with the Property Maintenance Code which requires the owner give reasonable notice to enter an apartment. The requirement for 24 hour notice has been Michael E. Janonis Page 4 April 20, 1995 abused by tenants frustrating Village staff and owners attempting to making repairs required by the Village. Sec. 23.1807.A This section was amended to be consistent with State Law, Sec. 23.1807.A.3 This section was amended to permit the Village to recover any funds spent on the behalf of tenants to make repairs, or secure substitute housing. The Village can lien the property, and may collect rents to recover the funds. Sec. 23.1807.D.1.a and b This section eliminates the provision that permitted tenants to place a portion of the rent in escrow with the Village. This was permitted if the tenant notified the owner in writing of any code violations. The tenant was permitted to place into escrow a percentage of the rent. The section has been amended to permit tenants to reduce their rent by a percentage based on the lost use of there apartment caused by code violations. The tenant must notify the owner in writing. This is consistent with the City of Chicago Tenants Right Ordinance. This is an action that the tenant takes at there own risk and responsibility. Section 23.1814.A.4 This section was amended to permit staff to conduct inspections of buildings when the owner does not respond to our request for inspection. If the owner does not respond the tenant can provide us access for inspection and reinspection. Section 23.1814.13 License Fee This section was amended to permit the Village to charge a fee up to 50 percent of the cost of the license. AN ORDINANCE AMENDING THE CODE OF ORDINANCES VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS VILLAGE OF MOUNT PROSPECT. SECTION ONE: That Chapter 23, Article 21 of the Village Code of Mount Prospect be and it is hereby amended by adding thereto new Sections 23.101 through 23.106 to be and read as follows: ARTICLE XXI SHOPPING CARTS Whenever in this Chapter the following words are used, they shall, for the purpose of this Chapter, have the meanings respectively ascribed to them in this Article, except when the context otherwise indicates. SHOPPING CART: A wheeled cart in which a business establishment claims a property interest and which is composed of baskets or other receptacles used for the purpose of storing merchandise in the course of purchase in any retail or wholesale establishment. OWNER: Individual, partnership, corporation or other entity, possessing or leasing a place of business which offers shopping carts for the use of customers of the business establishment. PREMISES,: The area owned by or leased to the owner of a shopping cart for sales or service to or parking for its customers. RENZI A. Identification. The owner of a shopping cart shall identify the cart by a permanent mark or plate containing the name, address and phone number of the premises at which the cart is used. B. Return of Shopping Carts. It shall be the responsibility of the owner of any shopping cart to take such reasonable action as is necessary to ensure that all shopping carts remain on the owner's premises or returned to the premises by the owner or his agents and employees. C. Reclamation of shopping carts. It shall be the responsibility of the owner of any shopping cart to reclaim the cart, in the manner provided in this Article XXI, within five (5) days after receiving written notice of the cart's location. Section 23.103. Removal of sbopping its from Public or Private Pr Any shopping cart found off the owners premises shall be promptly reclaimed by the owner. Any shopping cart found on public property shall be deemed abandoned property. Any shopping cart located on private property without the consent of the owner or lessee of such property, shall be deemed abandoned property. The Village may remove to Village property any abandoned shopping cart of which it has notice. Any abandoned shopping cart shall be disposed of by the Village after giving the owner five (5) days written notice of its intent to do so. Any owner who desires to reclaim an abandoned cart shall first pay to the Village a fee of fifteen ($15.00) dollars for each cart which the Village is required to pick up. There shall be a removal and disposal charge of fifty ($50.00) dollars payable to the Village for each cart unclaimed after the five (5) day reclamation period. Nothing in this Article shall require the Village to take any action to identify the owner of any shopping cart which does not bear the required identification. Section 23.104. Sho2p.in,g._Carts Prohibited From Public Ways. It shall be unlawful for any person to push, pull, propel or maneuver in any form a shopping cart upon the public streets and public ways of the Village. It shall also be unlawful for anyone other than the owner of the shopping cart to remove a cart from the premises on which it was originally located. Section 23.105. P-osting of No The owner of any shopping cart or carts is required to post signs containing the provisions of this Article ??? in a conspicuous place on the owner's premises. Section 23.106. Penalty. . . .................................................... . . . . Any person, firm or corporation violating any term or provision of this Article shall be guilty of a violation hereunder, and upon conviction hereof shall be subject to a fine of not less than one hundred ($100.00) dollars nor more than five hundred ($500.00) dollars, and each separate violation hereof shall be deemed a separate offense. SEQTIQN'D&O*. This ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: PASSED and APPROVED by me this day of 1995. Village President ATTEST: Village Clerk 478111 K AN ORDINANCE AMENDING THE CODE OF ORDINANCES VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS 7111!11�� VILLAGE OF MOUNT PROSPECT. 9E,Q,T,1QN ONE: That Chapter 18 of the Village Code of Mount Prospect be and it is hereby amended by adding thereto a new Section 18.1426 entitled "Repair of Vehicles ils I ;.*1'1XrMAff0; It shall be unlawful to perform any repair, modification, mechanical work or body work on any public way, sidewalk, parkway or any public or private street in the Village of Mount Prospect. This shall not include emergency tire, battery or other minor repair that takes less than one hour and is designed to make the vehicle operable to get to an intended destination. SECTIQN This ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: PASSED and APPROVED by me this day of 1995. Village President ATTEST: Village Clerk 47W41 AN ORDINANCE AMENDING THE CODE OF ORDINANCES VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS VILLAGE OF MOUNT PROSPECT.- �SECTIQN QNE.. That Chapter 12 of the Village Code of Mount Prospect be and it is hereby amended by deleting Section 12.102, Incorporation of Food Service Regulations, be and it is hereby deleted and a new Section 12.102 entitled, Food Service Regulations, inserting in lieu thereof which shall be and read as follows: 'Section 12.102. A. Incorporation of Food Service Regulations For the purpose of establishing sanitation rules and regulations for the storage, preparation and service of food and the condition of the premises where such food is stored, prepared or served in food processing and food service establishments, there is hereby adopted the 1989 Edition of the Rules and Regulations Pertaining to the Sanitation of Food Service Establishments promulgated by the State of Illinois, Department of Public Health together with all appendices thereto, and all subsequent editions or amendments. B. Food Service Vehicles 1. For purposes of this Chapter 12, a food service vehicle shall mean any vehicle whether driven by motor or other means from which any edible products are dispensed at retail to the public or a portion of the public. 16 2. The dispensing of any product intended for human digestive consumption from a food service vehicle not equipped with a mechanical refrigeration unit is prohibited in the Village of Mount Prospect. This shall not apply to vehicles which dispense only factory sealed snack items such as candy, potato chips, pretzels or soft drinks which do not require refrigeration. The use of dry ice as a refrigerant in food service vehicles is prohibited in the Village of Mount Prospect. 3. Every food service vehicle used in the Village of Mount Prospect must be returned to a central commissary where the vehicle and its contents are inspected daily. A log must be kept showing the time each day that the vehicle was returned to the commissary and the signature of the person making the daily inspection. The commissary to which it is returned must be in compliance with all local and state regulations. 4. No person shall dispense in the Village of Mount Prospect any items intended for human digestive consumption from a food service vehicle without first having obtained a license from the Village. SECTION TWO: This ordinance shall be in full force and effect from and after its AYES: NAYS: PASSED and APPROVED by me this day of '11995. ATTEST: Village Clerk 478W -I .... . . .............. -- - ------ . ....... . .. ............. . . . . . . . .•' President AN ORDINANCE AMENDING THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT. 5E,QTIQ,N ONE., Chapter 21, Article 13 of the Village Code of Mount Prospect be and it is hereby amended by adding thereto a new Section 21.1306 entitled "Notice of Violation", Section 21.1307 entitled "Enforcement Fees" and Section 21.1308 entitled "Exceptions to Enforcement Fees" to be and read as follows: ARTICLE X111 111;�i��111111q I In MW Upon a finding of one or more violations of the provisions of this Article X111, the Owner shall be notified in writing of the existence of the violations. The method of serving the notice to the owner shall be one or more of those described in Section 21.1306,13. Failure to comply with the notice shall be a violation of this Article XIII. This notice may be in lieu of or in addition to any notices required under BOCA. A. Content of the Notice. The notice of violation shall: 1 Give the street address or another description sufficient for identification of the property. ' 2. Describe the violations at the property; 3. Disclose that fees, charges, and liens as described in Section 21.1307 may result from a failure to remedy the violations; 4. Specify a response period during which the property may be brought into compliance with this Article before fees, charges, or liens will be assessed; and 5. Disclose the owner's right to appeal the findings of the notice of violation. B. The effective date of a notice of violation shall be the date of service of the notice to the owner. The date of service shall be the day on which the notice is: 1 Mailed first class to the property owner at the address shown on the last available assessment roll in the office of the county assessor; 2. Mailed first class to any local agent for the property; or 3. Delivered personally to the property owner or any local agent for the property. C. Compliance Inspections and Fees. The Director of Community Development ("Director) shall monitor compliance with the notice of violation through periodic tracking and inspection of the repair status. Once a notice of violation has been sent, the owner shall be responsible for all enforcement fees associated with the property, as described in Section 21.1307 until the violations are corrected. . D. Time Limits for Repair. The Director may set time limits in which the violations are to be corrected. Failure to comply with the time limits shall be a violation of this Article. Section 21.1307. Enforcement Fees. A. In order to defray the costs of enforcement of this Article, the following fees shall be imposed on those properties and owners of those properties which are found not to be in compliance with the Property Maintenance Code. B. The Village shall charge a monthly enforcement fee for each property that meets the following conditions: 1 The property is subject of a notice of violation of this Article described in Section 21.1306; 2. A response period of thirty (30) days has passed since the effective date of the initial notice of violation; and 3. The property remains out of compliance with the initial notice of violation or any subsequent notice of violation. C. The amount of the monthly enforcement fee shall be: 1 For properties with 1 to 4 dwelling units that are not in compliance within a particular complex: $50.00 2 2. For properties with 5 to 20 dwelling units that are not in compliance within a particular complex: $100.00 3. For properties with more than 20 dwelling units that are not in compliance within a particular complex: $150.00 D. Whenever the owner believes that all violations listed in the first or any subsequent notice of violation have been corrected, the owner shall so notify the Director. Upon receipt of the notice, the Director shall promptly schedule an inspection of the property and shall notify the owner if any violations remain uncorrected. E. Once monthly enforcement fees begin, they shall continue until all violations listed in the first or any subsequent notice of violation have been corrected. F. When a property meets the conditions for charging an enforcement fee as described in Section 21.1306, the Director shall file a statement with the Finance Director that identifies the property, the amount of the monthly fee, and the date on which the charges shall begin. The Finance Director shall then: 1 Notify the property owner(s) of the assessment of enforcement fees; 2. Record a lien against the property with the Recorder of Deeds of Cook County; 3. Bill the property owner(s) monthly for the full amount of enforcement fees owing, and 4. Maintain lien records until* (a) The lien and all associated interest, penalties and costs are paid in full; and (b) The Director certifies that all violations listed in the original or any subsequent notice of violation have been corrected. G. Each person who has an interest in the property on or after the effective date of a notice of violation shall be personally liable for fees imposed pursuant to this section, including all interest, civil penalties and other charges. A. If after October 1 st of any year violations on a property have been corrected except those for exterior paint, roofing, exterior concrete and masonry, the Director may, at the written request of the owner, temporarily suspend enforcement fees until the following May 1 st. However, the owner shall make the emergency repairs to a roof that are necessary to prevent water damage to the interior. 1 If the owner fails to correct violations within the stated period of suspension, the full value of all suspended fees shall be reinstated as a charge against the owner. 2. If the owner fails to make needed temporary or emergency roof repairs to prevent interior water damage, the Director may revoke any fee suspension, and immediately charge the full value of all suspended fees. B. Notwithstanding the other provisions of this Section, the enforcement fee may be waived if upon application it appears to the Director that the following conditions are met: 1. The dwelling unit is occupied by the owner; 2. The owner furnishes proof that his or her total household income for the preceding calendar year did not exceed 50% of the adjusted household median income for the Chicago area, as determined by the U.S. Department of Housing and Urban Development. SECTION TWO: That the following sections of Chapter 23 be and are hereby amended as follows. - 1 Section 23.1803, "Dwelling Unit" shall be deleted and the following inserted in lieu thereof: "Dwelling Unit: One or more rooms physically arranged so as to create an independent housekeeping, establishment for occupancy by one family with separate bathroom and facilities for cooking and sleeping." 2. Section 23.1804, subparagraph E shall be deleted and the following inserted in lieu thereof: E. Attachment of Article to Rental Agreement. Following the effective date of this Article, a copy thereof, or excerpts thereof in a form provided to the landlord by the Village, shall be attached to each rental agreement, along with a copy of the Village's occupancy requirements from the Village's Property Maintenance Code, delivered by or on behalf of a landlord when any such agreement is presented for signing to any tenant. #11 0. Section 23.1805, subparagraphs B, C, G, H and I shall be deleted and the following new subparagraphs B, C, G, H and I shall be inserted in lieu thereof: B. Keep that part of the premises that the tenant occupies and uses as safe as the condition of the premises permits; C. Dispose of all ashes, rubbish, garbage and other waste from the rental unit in a clean and safe manner; G. Conduct her or himself and require other persons on the premises and within the rental unit to conduct themselves in a manner that will not disturb the peaceful enjoyment of the premises by others; H. Maintain the rental unit in a clean and sanitary condition and provide for a general cleaning of the rental unit prior to departure. As part of such cleaning, the tenant will broom sweep the floors, vacuum all rugs and carpeting, clean appliances and plumbing fixtures and patch nail holes; Unless otherwise permitted, occupy the rental unit only as a dwelling unit; 4. Section 23.1806, paragraph A, subparagraph 1 shall be deleted in its entirety and a new subparagraph 1 shall be and read as follows: 1. A landlord who receives a security deposit or prepaid rent from a tenant must comply in full with the provisions of the Illinois State law which provides that landlords must pay interest on security deposits in developments with twenty five (25) or more rental units, and within thirty (30) days after the end of each twelve (12) month rental period, pay to the tenant any such interest by cash or credit to be applied to rent due, except when the tenant is in default under the terms of the rental agreement. 5. Section 23.1806, paragraph E, subparagraph 1 shall be deleted in its entirety and a new subparagraph 1 shall be and read as follows: 1. The landlord shall not abuse the right to access to the rental unit or use it to harass the tenant. Except in cases of emergency, the landlord shall give the tenant a reasonable notice of his intent to enter and may enter only at reasonable times. The landlord may enter the rental unit in order to inspect the premises, make necessary or agreed repairs, decorations, alterations or improvements, supply necessary or agreed services or show the dwelling unit to prospective or actual purchasers, mortgagees, tenants or workmen. The landlord or his agent may display a "for rent" sign in or on the demised premises within thirty (30) days prior to termination of the lease. Any such sign shall comply with the Village's Sign Ordinance. 6. Section 23.1807, paragraph A, subparagraph 1 shall be deleted in its entirety and a new subparagraph 1 shall be and read as follows: 1. If rent is unpaid when due and the tenant fails to pay the unpaid rent within five (5) days after notice by the landlord of the intention to terminate the rental agreement if the rent is not so paid, the landlord may terminate the rental agreement or the landlord may accept a payment made more than five (5) days after such notice in which case the landlord shall be entitled to collect a late payment fee in the amount of five percent (5%) of the rental payment. 7. There shall be a new subparagraph 3 added to Section 23.1807 which shall be and read as follows: 3. If the Village or any department of the Village expends funds on behalf of the tenant for repairs, services or substitute housing, the Village shall have a lien for those funds on any amounts recoverable by the tenants from the landlord. This lien may be satisfied by requiring that rents be paid directly to the Village until the amount of the lien is fully paid. 8. Section 23.1807, paragraph D1, subparagraphs (a) and (b) shall be deleted in their entirety and new subparagraphs (a) and (b) shall be and read as follows: a. Where the breach involves a code violation cited by the Village, notify the landlord of the intention to withhold from the monthly rent an amount which reasonably reflects the reduced value of the premises or the cost of obtaining compliance, but not exceeding seventy five percent (75%) of the monthly rent. If the landlord fails to correct the condition within seven (7) days after being notified by the tenant, the tenant may, during the time such failure continues, deduct from the rent the stated amount. b. If after twenty-one (21) days from the giving of notice the matter has not been resolved, the landlord or tenant may pursue available remedies at law or in equity. 9. Section 23.1814, paragraph A, subparagraph 4 shall be deleted in its entirety and a new subparagraph 4 shall be and read as follows: 4. The Village Manager is hereby authorized upon application therefor to investigate and to issue new operating licenses, and renewals thereof, in the names of applicant owners or operators of multiple family dwellings. No such licenses shall be issued unless the multiple dwelling in connection with which the license is sought is found, after inspection by the Village Manager or his designee, to meet all requirements of the Village Code and of applicable rules and regulations pursuant thereto. Each applicant shall be notified in writing by the Village Manager in advance of the date and time of such licensing inspection. The notice shall state that if the landlord is not present for the inspection that the tenant will be required to permit entry by the Village. Further, if the landlord is not present at the date and time stated in the notice, the Village may return for an inspection at any time in the future without further notification to the landlord. 10. Section 23.1814, paragraph B shall be deleted in its entirety and a new paragraph B shall be and read as follows: B. License Fee. No operating license shall be issued or renewed unless the completed application form is accompanied by payment of an annual license fee. The annual fee for operating licenses for multiple family dwellings shall be seven dollars ($7.00) per dwelling unit. The landlord may charge the fee to the tenants on such terms as they may agree. The Finance Director may charge a late payment fee of up to fifty percent (50%) of the cost of the license and no, late payment fee may be passed on to the tenant. TWO, This ordinance shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: PASSED and APPROVED by me this day of 11995. ATTEST: Village Clerk 4M81 Village President 6