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HomeMy WebLinkAbout3583_001Next Ordinance No. 4169�� Next Resolution No. 17-90 A G E N D A April 17, 1990 VILLAGE OF MOUNT PROSPECT O R D E R O F B U S I N E S S REGULAR MEETING Meeting Location: Meeting Date and Time: Meeting Room, 1st Floor Tuesday senior Citizen Center April 17, 1990 50 South Emerson Street 7:30 P. M. Mount Prospect, Illinois 60056 I. CALL TO ORDER Ii. ROLL CALL Mayor Gerald IlSkip'l Farley Trustee Ralph Arthur Trustee Leo Floros Trustee Mark Busse Trustee George Van Geem Trustee Timothy Corcoran Trustee Theodore Wattenberg III. INVOCATION - Trustee Floros IV. APPROVAL OF MINUTES OF REGULAR MEETING, April 3, 1990 V. APPROVAL OF BILLS AND FINANCIAL REPORT Vi. COMMUNICATIONS AND PETITIONS - CITIZENS TO BE HEARD A. Presentation of Seat Belt Safety Poster Awards VII. MAYOR'S REPORT A. PROCLAMATIONS: 1. Girl Scout Leaders Day - April 22, 1990 B. Request for Class "W" (beer & wine) liquor license Taqueria Fiesta Restaurant, 1802 S. Elmhurst Road. VIII. OLD BUSINESS A. Pate Subdivision, 1000 Cardinal Lane 2nd reading of AN ORDINANCE AUTHORIZING EXECUTION OF A RECAPTURE AGREEMENT IN CONJUNCTION WITH THE DEVELOPMENT OF PROPERTY KNOWN AS PATE'S SUBDIVISION This Ordinance establishes a recapture agreement for roadway, sewer and water main installations as the area is improved. (Exhibit A) B. ZBA 17 -SU -90, 2200 South Busse Road 1st reading of AN ORDINANCE REPEALING ORDINANCE NO. 3656 AND GRANTING A SPECIAL USE IN THE NATURE OF A -PLANNED UNIT DEVELOPMENT FOR PROPERTY COMMONLY KNOWN AS 2200 SOUTH BUSSE ROAD This Ordinance repeals Ordinance No. 3656, which granted specified variations no longer applicable to this development and grants a Special Use in the nature of a Planned Unit Development to permit a light industrial complex with 5 units. The Zoning Board of Appeals recommended granting .Iris request by a vote of 6-0. (Exhibit B) C. ZBA 14-V-90, 910 Owen 1st reading of AN ORDINANCE GRANTING A VARIATION FOR PROPERTY COMMONLY KNOWN AS 910 OWEN STREET This Ordinance grants a variation to allow a 24 foot wide driveway for a one -car garage,- instead of the permitted 151; to allow a zero foot setback for a parking pad; and, to allow 37% impervious coverage in the front yard instead of the permitted 35%. The Zoning Board of Appeals recommended granting these variations by a vote of 4-0. (Exhibit C) D. ZBA 18-V-90, 7 South Edward Street 1st reading of AN ORDINANCE GRANTING A VARIATION FOR PROPERTY COMMONLY KNOWN AS 7 SOUTH EDWARD STREET This Ordinance grants variations to permit a 4 foot separation between the existing garage and proposed room addition, instead of the required 10' and to allow 47.5% lot coverage, approximately 200 square feet over the allowed 45%. The Zoning Board of Appeals, by a vote of 5-0 recommended approval of the request for the 4 foot separation between structures, however, the request for 47.5% lot coverage was denied by a vote of 3-2. (Exhibit D) E. ZBA 19-V-90, 1411 Circle 1st reading of AN ORDINANCE GRANTING A VARIATION FOR PROPERTY COMMONLY KNOWN AS 1411 CIRCLE This Ordinance grants a variation to allow an accessory structure 400 square feet in size, instead of the permitted 120 square feet, and 12 feet high, instead of the permitted 10 feet. The Zoning Board of Appeals recommended to grant this request by a vote of 5-0, subject to the condition that no business be operated on the property. (Exhibit E) F. ZBA 21-V-90, 301 East Rand Road 1st reading of AN ORDINANCE GRANTING VARIATIONS FOR PROPERTY COMMONLY KNOWN AS 301 EAST RAND ROAD This ordinance grants variations to allow an 18 foot front yard building setback, instead of the required 30 feet (along Highland); to allow a 10 foot rear yard building setback, instead of the required 20 feet; to allow zero foot setbacks, instead of the required 20 feet when adjacent to residential and 30 feet when adjacent to a right-of- way (both Highland and Rand);.and, to waive the requirement for a 12' x 35' loading dock. The Zoning Board of Appeals recommended denying the variations as requested by a vote of 2-3. (Exhibit F) G. ZBA 22-V-90, 2100 South Elmhurst Road 1st reading of AN ORDINANCE GRANTING VARIATIONS FOR PROPERTY COMMONLY KNOWN AS 2100 S. ELMHURST ROAD This Ordinance grants variations to permit a parking lot and driveway aisle setback of zero feet instead of the required 30 feet along Midway Drive and to allow a maximum building height of 35' 611, excluding the light well, instead of the permitted 30 feet. The Zoning Board of Appeals recommended granting these requests by a vote of 5-0. (Exhibit G) H. 2nd reading of AN ORDINANCE AMENDING CHAPTER 8 (REAL ESTATE TRANSFER TAX) OF THE VILLAGE CODE OF MOUNT PROSPECT This Ordinance increases the real estate transfer tax paid by the purchaser from $1.00 per $1,000 to $3.00 per $1,000. The Finance Commission recommended this increase. (Exhibit H) 2nd reading of AN ORDINANCE AMENDING CHAPTER 11 OF THE VILLAGE CODE This Ordinance increases the license fee for cigarette vending machines from $50 to $150. (Exhibit J) IX. NEW BUSINESS A. ZBA 5-Z-90, 6 -SU -90, 7-V-90, 400 East Rand Road 1. The Petitioner is requesting an amendment to the Comprehensive Land Use Map to reflect multi -family use. The Plan Commission recommended granting this request by a vote of 6-0. 2. The Petitioner is requesting a modification from the Development Code to permit a detention basin closer to the buildings than the permitted 75 feet. The Plan Commission recommended granting this request by a vote of 6-0. 3. The Petitioner is requesting rezoning the subject property from R-1 (Single -Family) to R-3 (Multi -family Residential); a Special use in the nature of a Planned Unit Development in order to construct 24 townhomes (resulting in 8.8 dwelling units per acre); and, a variation to allow a 10 foot setback from the cul de sac bulb to the property line rather than the required 20 feet. The Zoning Board of Appeals recommended granting the requests by a vote of 7-0. B. 1st reading of AN ORDINANCE ACCEPTING THE DEDICATION OF LAND ADJACENT TO FOREST AVENUE This Ordinance, along with the accompanying Plat of Dedication, accepts the 9 foot strip from District 214 in order to improve Forest Avenue. (Exhibit K) C. A RESOLUTION AUTHORIZING THE RELEASE OF SPECIFIED MINUTES OF EXECUTIVE SESSIONS (Exhibit L) D. A RESOLUTION ACKNOWLEDGING A VIOLATION OF THE FRANCHISE AGREEMENT BY TCI, INC. (Exhibit M) E. A RESOLUTION ESTABLISHING A HEARING PROCEDURE FOR VIOLATION OF FRANCHISE AGREEMENT PERTAINING TO CABLE TELEVISION (Exhibit N) X. VILLAGE MANAGER'S REPORT A. Bids: 1. Detention/Storm Water Improvement - Melas Park 2. Water Main Replacement Program 3. Resurfacing Program 4. Curb and Gutter Replacement 5. Forest Avenue Reconstruction 6. Lincoln Street Bridge Rehabilitation 7. Water Meter Replacement B. PUBLIC HEARING This Public Hearing, called pursuant to proper legal notice having been published in the Mount Prospect Herald on April 5, 1990, is for the purpose of considering the annual budget for fiscal year 1990/91. C. 2nd reading of AN ORDINANCE ADOPTING THE ANNUAL BUDGET FOR FISCAL YEAR 1990/91 (Exhibit 0) D. Change Order Request, Sewer Rehab E. Request for field change from Euclid Lake Villas, Wheeling Road, south of Euclid Avenue. The Homeowners Association has requested a field change to permit the installation of fences throughout the 49 unit complex. E. Status Report Xi. ANY OTHER BUSINESS XII. EXECUTIVE SESSION - Potential Litigation XII. ADJOURNMENT MINUTES OF THE REGULAR MEETING OF THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT APRIL 3, 1990 CALL TO ORDER CALL TO ORDER Mayor Farley called the meeting to order at 7:30 P.M. ROLL CALL Present upon roll call: Mayor Gerald Farley Trustee Ralph Arthur Trustee Mark Busse Trustee Timothy Corcoran Trustee Leo Floros Trustee George Van Geem Trustee Theodore Wattenberg INVOCATION The invocation was given by Trustee Van Geem. INVOCATION APPROVAL OF MINUTES Trustee Arthur, seconded by Trustee Busse, APPROVE moved to approve the minutes of the regular MINUTES meeting of the Mayor and Board of Trustees held March 20, 1990. Upon roll call: Ayes: Arthur, Busse, Corcoran, Floros, Van Geem, Wattenberg Nays: None Motion carried. APPROVAL OF BILLS Trustee Floros, seconded by Trustee Van Geem, APPROVE BILLS moved to approve the following list of bills: General Fund $ 643,882 Motor Fuel Tax Fund 110 Community Development Block Grant Fund 1,822 Illinois Municipal Retirement Fund 10,693 Waterworks & Sewerage Fund 54,751 Parking System Revenue Fund 7,163 Risk Management Fund 122,283 P.W. Facility Construction Fund A - P.W. Facility Construction Fund B - Capital Improvement, Repl. or Rep.Fund 1,636 Special Service Area Const, #5 - Special Service Area Const. #6 - Downtown Redev. Const. Fund (1985) - Downtown Redev. Const. Fund (1987) - Corporate Purpose Improvement 1990 - Debt Service Funds 3,644 Flexcomp Trust Fund - Escrow Deposit Fund 3,159 Police Pension Fund 37,315 Firemen's Pension Fund 41,591 Benefit Trust Fund $928,049 Upon roll call: Ayes: Arthur, Busse, Corcoran, Floros, Van Geem Nays: Wattenberg Motion carried. COMMUNICATIONS AND PETITIONS - CITIZENS TO BE HEARD Dolores Haugh stated that the Historical Society has HISTORICAL established a Corporate Citizen Award, acknowledging SOCIETY: the financial support of the Society by a business CORPORATE in excess of $5,000. CITIZEN AWARD The first recipients of this award are the First Chicago Bank of Mount Prospect and the Randhurst Merchants Association. MAYORIS REPORT PROCLAMATIONS: Mayor Farley proclaimed the April 27, 1990 as Arbor Day ARBOR DAY in the Village. SENIOR CITIZEN The month of May was proclaimed as Senior Citizen Month MONTH & SENIOR and May 3, 1990 as Senior Citizen Celebration Day in CITIZEN Mount Prospect. CELEBRATION DAY ORGAN DONOR & Mayor Farley also proclaimed the week of April 22-29, LIBRARY WEEK 1990 as Organ Donor Week and Library week. Page 2 - April 3, 1990 OLD BUSINESS PATE SUBDIVISION Pate Subdivision, Wildwood Lane An ordinance was presented for second reading that would authorize execution of a recapture agreement relative to the development of the subject property. At the request of the Petitioner, action on this matter was deferred to the next meeting April 17th. ZBA 15-V-90 ZBA 15 -V -90f 215 East Prospect Avenue 215 E.PROSPECT An ordinance was presented for second reading that AVENUE would grant the following variations in order for this existing business to expand: to allow an 111 side yard to the east and a 25.56 side yard on the west, instead of the required 301; to allow the existing front yard of 29.57', instead of the required 40'; to allow a lot size of 2.285 acres instead of 4 acres; to allow two 121 x 351 loading docks, instead of the required 121 x 501; to allow 61 parking spaces instead of the required 66; to allow a zero foot distance on the east for parking, instead of the required 101, and 15l on the south, instead of the required 301; and, to allow 84% impervious surface lot coverage (3,684 sq. ft. over the maximum) , instead of the permitted 80%). The Zoning Board of Appeals recommended granting these requests by a vote of 6-0. This property will be the subject of a plat of subdivision in the near future, conolidating these two lots of record into one. Trustee Busse stated that he would pass on this vote due to the fact that he does business with the Petitioner and that may be considered a conflict of interest. ORD. NO.4164 Trustee Floros, seconded by Trustee Arthur, moved for passage of ordinance NO. 4164 AN ORDINANCE GRANTING VARIATIONS FOR PROPERTY LOCATED AT 215 EAST PROSPECT AVENUE Upon roll call: Ayes: Arthur, Corcoran, Floros, van Geem, Wattenberg Nays: None Pass: Busse Motion carried. AMEND CH. 18 An ordinance was presented for first reading that would amend specified sections of Chapter 18 (Traffic Code). The amendments include prohibiting Page 2 - April 3, 1990 parking on the north side of Henry street for the first 35 feet east of Owen; prohibiting parking on both the north and south side of Highland Avenue 35 feet west of Main Street; reducing the speed limit on Eric, Neil, Autumn and Harvest Lane from 30 MPH to 25 MPH; prohibits parking on the north and south sides of Harvest Lane, at the narrow portion at Business Center Drive; and, prohibits parking within a specified area on the west side of Nordic Road. The Safety Commission recommended the amendments by votes of 6-0. Trustee Floros, seconded by Trustee Arthur, moved to waive the rule requiring two readings of an Ordinance. Upon roll call: Ayes: Arthur, Busse, Corcoran, Floros, Van Geem, Wattenberg Nays: None Motion carried. Trustee Floros, seconded by Trustee Van Geem, moved for passage of Ordinance No. 4165 AN ORDINANCE AMENDING SPECIFIED SECTIONS OF CHAPTER 18 (TRAFFIC CODE) Upon roll call: Ayes: Arthur, Busse, Corcoran, Floros, Van Geem, Wattenberg Nays: None Motion carried. NEW BUSINESS ZBA 17 -SU -90, 2200 South Busse Road The Petitioner is requesting a Special Use in the nature of a Planned Unit Development to permit a light industrial condominium complex comprised of 5 units. The Zoning Board of Appeals recommended granting this request by a vote of 6-0. The Petitioner stated that he would like to create a commercial condominium complex on this 8 acre parcel. Trustee Arthur, seconded by Trustee Corcoran, moved to concur with the recommendation of the Zoning Board of Appeals and grant the Special Use as requested in ZBA 17 -SU -90. Upon roll call: Ayes: Arthur, Busse, Corcoran, Floros, Van Geem, Wattenberg Nays: None Motion carried. An Ordinance will be presented for 1st reading on April 17th. ZBA 14-V-90, 910 Owen The Petitioner is requesting variations to allow a 24 foot wide driveway for a one -car garage, instead of the permitted 15 feet; to allow a zero foot setback for a parking pad; and, to allow 37% impervious coverage in the front yard instead of the permitted 35%. The Zoning Board of Appeals recommended granting these variations by a vote of 4-0. It was noted that the Petitioner had replaced an existing 24 foot wide driveway that was in disrepair, however he did not obtain a permit. It was also noted that most of the homes in this area have driveways of this width. Page 3 - April 3, 1990 ORD.NO. 4165 ZBA 17 -SU -90 21200 S.BUSSE ZBA 14-V-90 910 OWEN Trustee Wattenberg, seconded by Trustee Corcoran, moved to concur with the Zoning Board of Appeals and grant the variations requested in ZBA 14-V-90. Upon roll call: Ayes: Arthur, Busse, Corcoran, Floros, Van Geem, Wattenberg Nays: None Motion carried. An ordinance will be presented for first reading at the April 17th meeting of the Village Board. ZBA 18-V-90 ZBA 18-V-90, 7 South Edward Street 7 S. EDWARD The Petitioner is requesting variations to permit a 4 foot separation between the existing garage and a proposed room addition, instead of the requested 10 foot separation, and to allow 47.5% lot coverage, which is an area approximately 200 square feet larger than the permitted 45%. The Zoning Board of Appeals recommended granting the :variation to permit the separation between buildings by a vote of 5-0 but to deny the increased lot coverage by a vote of 3-2. It was noted that the proposal includes a patio, which increases the lot coverage by 200 square feet. The Petitioner noted that his lot is 160 feet deep and the garage is approximately 40 feet from the rear property line. He stated that if he moved the garage back to the rear property line, eliminating the need for the variation from the separation requirement, the driveway leading to the garage would actually increase the lot coverage. Trustee Arthur, seconded by Trustee Busse, moved to grant the variations requested in ZBA 18-V-90. Upon roll call: Ayes: Arthur, Busse, Corcoran, Floros, Van Geem, Wattenberg Nays: None Motion carried. An Ordinance will be presented April 17th for first reading. ZBA 19-V-90 ZBA 19-V-90, 1411 Circle 1411 CIRCLE The Petitioner is requesting variations to allow an accessory structure 400 square feet in size, instead of the permitted 120 square feet and a variation to permit a 12 foot high shed, instead of the permitted 10 foot height. The Zoning Board of Appeals recommended granting this request by a vote of 5-0. It was noted that the Petitioner would like to use this shed as a workshop as a hobby and will not conduct any type of a business. Trustee Corcoran, seconded Trustee Arthur, moved to concur with the recommendation of the Zoning Board of Appeals and grant the variation requested in ZBA 19- V-90, with the condition that conducting a business from the property be strictly prohibited. Upon roll call: Ayes: Arthur, Busse, Corcoran, Floros, Van Geem, Wattenberg Nays: None Motion carried. An Ordinance will be presented April 17th for first reading. Page 4 - April 3, 1990 ZBA 21-V-90, 301 East Rand Road ZBA 21-V-90 The Petitioner is requesting variations for this 301 E.RAND RD property, located at the southwest corner of Rand Road and Highland Avenue. The property is presently occupied by a vacant, boarded up building that was a Kentucky Fried Chicken fast food establishment. The Petitioner would like to construct a commercial building approximately 7,200 square feet in size with the expectation of renting the space out to 6 tenants. Thevariations being requested in order to develop this property as proposed would allow a front yard building setback of 18 feet, instead of the required 30 feet along Highland Avenue; a 10 foot rear yard building setback, instead of the required 20 feet; a zero foot, instead of the required 20 feet from residential property and 30 feet from a right-of-way; and, to waive the requirement for a 121 x 351 loading dock. The Zoning Board of Appeals recommended denying these requests by a vote of 2-3. The Petitioner stated that there would be an area off Highland Avenue which would provide parking spaces for 4 or 5 employee vehicles. The balance of the parking would be provided in the front of the building adjacent to Rand Road. Due to the type of businesses anticipated for this building, the Petitioner stated that the space to be utilized for loading would be provided in the front of the building. All equipment mounted on the roof, such as air conditioning, etc. would be screened from the townhouses to the east. Janet Hacker, 600 Windsor, and Michael Wexler, 606 Windsor, expressed concern relative to traffic patterns and stated that the Petitioner was proposing a building too large for a parcel this size. Trustee Corcoran stated that he could support the request if the number of tenants was limited to 5 rather than the 6 as proposed. The Petitioner stated if the decision of the Board was to limit the number of tenants to 5 that he would abide by that decision. Trustee Floros, seconded by Trustee Wattenberg, moved to grant the variations requested in ZBA 21-V-90, subject to the commercial building housing no more than 5 tenants. Upon roll call: Ayes: Arthur, Busse, Corcoran, Floras, Van Geem, Wattenberg Nays: None Motion carried. ZBA 22-V-90, 2100 South Elmhurst Road The Petitioner is requesting variations to permit a parking lot and driveway aisle setback of zero feet instead of the required 30 feet along midway Drive and to allow a maximum building height of 351 611, excluding the light well, instead of the permitted 30 feet. The Zoning Board of Appeals recommended granting these requests by a vote of 5-0. The Petitioner stated that they would like to construct a Park National Bank facility at this location. The bank is presently operating out of a temporary trailer type facility, which was erected some months ago. The proposal provides for a large front yard setback, which will provide more open space than required. Page 5 - April 3, 1990 ZBA 22-V-90 2100 S.EINHURST It was noted that while the Petitioner had requested a zero foot setback on Midway Drive for parking, an alternate plan to provide a 10 feet setback was Page 6 - April 3, 1990 agreeable to the Petitioner. Trustee Wattenberg, seconded by Trustee Busse, moved to concur with the recommendation of the Zoning Board of Appeals and grant the variations requested, including the 10 foot parking lot setback on Midway Drive. Upon roll call:,Ayes: Arthur, Busse, Corcoran, Floros, Van Geem, Wattenberg Nays: None Motion carried. YARD WASTE It was noted that the State of Illinois has enacted legislation, effective July 1, 199 0, that prohibits the disposal of yard waste, including grass clippings, branches, etc., in the same containers as household garbage. The Village has informed the residents that the local policy of disposing of yard waste would become effective April 1, 1990. The approved method of disposing of yard waste in the Village is to use special biodegradable bags, sold by the Village for $25.00 for 20 bags. AMEND CH.11 An ordinance was presented for first reading that YARD WASTE would amend Chapter 11 (Merchants, Businesses, Occupations and Amusements) governing the newly adopted policy of proper disposal of yard waste. Trustee Arthur, seconded by Trustee Corcoran, moved to waive the rule requiring two readings of an Ordinance. Upon roll call: Ayes: Arthur, Busse, Corcoran, Floros, I , Van Geem, Wattenberg Nays: None Motion carried. ORD.NO. 4166 Trustee Arthur, seconded by Trustee Corcoran, moved for passage of Ordinance No. 4166 AN ORDINANCE AMENDING CHAPTER 11 (MERCHANTS, BUSINESSES, OCCUPATIONS AND AMUSEMENTS) OF THE VILLAGE CODE OF MOUNT PROSPECT Upon roll call: Ayes: Arthur, Busse, Corcoran, Floros, Van Geem, Wattenberg Nays: None Motion carried. AMEND CH. 19 An ordinance was presented for first reading YARD WASTE establishing the approved method of disposing of yard waste in the Village. Trustee Arthur, seconded by Trustee Corcoran, moved to waive the rule requiring two readings of an Ordinance. Upon roll call: Ayes: Arthur, Busse, Corcoran, Floros, Van Geem, Wattenberg Nays: None Motion carried. Page 6 - April 3, 1990 Trustee Arthur, seconded by Trustee Corcoran, moved 0RD.NO.4167 for passage of Ordinance No. 4167 AN ORDINANCE AMENDING CHAPTER 19 (HEALTH REGULATIONS) OF THE VILLAGE CODE OF MOUNT PROSPECT Upon roll call: Ayes: Arthur, Busse, Corcoran, Floros, Van Geem, Wattenberg Nays: None Motion carried. An Ordinance was presented for first reading that AMEND CH. 23 would amend Chapter 23 (Offenses and Miscellaneous Regulations) relative to the disposal of yard waste. Trustee Arthur, seconded by Trustee Corcoran, moved to waive the rule requiring two readings of an Ordinance. Upon roll call: Ayes: Arthur, Busse, Corcoran, Floros, Van Geem, Wattenberg Nays: None Motion carried. Trustee Arthur, seconded by Trustee Corcoran, moved ORD.NO.4168 for passage of Ordinance No. 4168 AN ORDINANCE AMENDING CHAPTER 23 (OFFENSES AND MISCELLANEOUS REGULATIONS) OF THE VILLAGE CODE OF MOUNT PROSPECT Upon roll call: Ayes: Arthur, Busse, Corcoran, Floros, Van Geem, Wattenberg Nays: None Motion carried. An Ordinance was presented for first reading that AMEND CH. 8 would amend Article VIII of Chapter 8 of the REAL ESTATE Village Code relative to Real Estate Transfer Tax. TRANSFER TAX In an effort in increase revenues, it is proposed that the existing real estate transfer tax of $1.00 per each $1,000 of the purchase price be increased to $3.00 for each $1,000 in purchase price. Trustee Busse suggested that a $2.00 rebate be given to anyone who moves within the Village. There were several real estate agents and residents that voiced their opposition to the proposal to increase the real estate transfer tax. This Ordinance, amended to include the $2.00 rebate, will be presented April 17th for -second reading. An Ordinance was presented for first reading that would amend Chapter 11. The proposal .is to increase the licensing fee for a cigarette vending machine from $50.00 per year to $150.00. This Ordinance will be presented for second reading on April 17th. Page 7 - April 3, 1990 Trustee Corcoran, seconded by Trustee Arthur, moved to concur with the recommendation of the administration and accept the low bid submitted by Lenny Hoffman Excavating for the improvement of Schoenbeck Road at a cost not to exceed $377,845.75. MELAS PARK The following bids were received for the project of re - STORM WATER routing the storm water from the Public Works Facility, IMPROVEMENT 1700 W. Central Road, and to provide compensatory Page 8 - April 3, 1990 VILLAGE MANAGER'S REPORT BIDS: Village Manager, John Fulton Dixon, presented the following bids for the annual turf mowing contract: TURF MOWING CONTRACT Bidde Amount Ingram Enterprises $18,200 Hoff corporation $23,608 Excel Maintenance $25,480 Restrepo Brothers $30,381 E -Z Landscaping $32,760 Gambino Landscaping $33,124 North Shore Greenscapes $36,530 Martam Construction $88,634 INGRAM Trustee Arthur, seconded by Trustee Corcoran, moved ENTERPRISES to concur with the recommendation of the administration and accept the low bid submitted by Ingram Enterprises in an amount not to exceed $18,200 for the turf mowing contract. Upon roll call: Ayes: Arthur, Busse, Corcoran,- Floros, Van Geem, Wattenberg Nays: None Motion carried. ENGINEERING A proposal was presented from Greeley and Hansen HIGH SERVICE Engineers for engineering services in connection with PUMP the replacement of a high service pump at Pumping Station #1 at a cost of $5,800. GREELEY & HANSEN Trustee Arthur, seconded by Trustee Corcoran, moved to concur with the recommendation of the administration and accept the proposal submitted by Greeley and Hansen for services connected to the replacement of a high service pump at Pumping Station #1 at a cost not to exceed $5,800. Upon roll call: Ayes: Arthur, Busse, Corcoran, Floros, Van Geem, Wattenberg Nays: None Motion carried. BID: The following bids were received for the Schoenbeck Road reconstruction project: Bidder Amount Lenny Hoffman Excavating $377,845.75 Martam Construction Co. $418,659.00 MCC Contractors $435,903.00 Kovilic Construction Co. $697,373.50 LENNY HOFFMAN It was noted that the Village has recently assumed the EXCAVATING jurisdiction responsibilities from Cook County and this improvement is in conjunction with that jurisdiction transfer, as well as the development of the Lexington townhomes. Trustee Corcoran, seconded by Trustee Arthur, moved to concur with the recommendation of the administration and accept the low bid submitted by Lenny Hoffman Excavating for the improvement of Schoenbeck Road at a cost not to exceed $377,845.75. MELAS PARK The following bids were received for the project of re - STORM WATER routing the storm water from the Public Works Facility, IMPROVEMENT 1700 W. Central Road, and to provide compensatory Page 8 - April 3, 1990 storage as required by the MWRD (formerly known as the MSD): Amount Martam Construction $ 89,420.00 William J. Olson $ 95,280.45 Vincent DiVito, Inc. $ 96,256.00 Suburban General Construction Inc. $ 97,855.25 American Cutting Systems, Inc. $111,375.00 Mosell & Assoc. Inc. $167,605.00 It was noted that an option was given in the proposals to eliminate the sod and substitute mulch and grass seed, which reduces the cost by $17,420.00. Trustee Van Geem requested additional information relative to the commitment of the Mount Prospect and Arlington Heights Park Districts and asked that action on this bid be deferred until a signed d commitment from the Park Districts is received. It was the consensus of the Board that a vote on re-routing the storm water from the Public Works Facility be deferred until the April 17th meeting. Proposals were received from Soil and Material Consultants, Inc. and H.H. Holmes Testing Laboratories, Inc. for the material testing for street projects for 1990 Based on the unit prices received it was the recommendation of the administration that the proposal received from Soil and Material Consultants, Inc. be accepted. Trustee Corcoran, seconded by Trustee Arthur, moved to accept the proposal from Soil and Material Consultants, Inc. for the material testing program at a cost not to exceed $15,000. Upon roll call: Ayes: Arthur, Busse, Corcoran, Floros, Van Geem, Wattenberg Nays: None Motion carried. An Ordinance was presented for first reading that would adopt the budget for fiscal year 1990/91. This Ordinance will be presented for 2nd reading at the April 17th meeting, as well as a Public Hearing for the purpose of considering the proposed budget. Cheryl Pasalic, Cable Television Administrator for the Village, presented an update on the recent problem with TCI not providing cable service to a customer at 1350 West Northwest Highway. This matter was the subject of discussion at the Village Board meeting on March 20, at which time the Board informed Mark Hess, representing TCI, that a 2 week period would be given TCI in order to provide the services requested to this customer. If service wasn't provided by that time then a fine may be assessed. It was noted that while a permit was issued to TCI on Friday, March 31st, as of this date, April 3rd, service had not been supplied to the customer. Page 9 - April 3, 1990 SOIL TESTING PROGRAM SOIL & MATERIAL CONSULTANTS BUDGET 90/91 TCI - CABLE TV There was discussion among the members of the Board relative to assessing a fine of $200 per day, retroactive to March 1 for failure to comply with the franchise agreement. Trustee Arthur, seconded by Trustee Floros, moved to assess a fine against TCI of $200.00 per day of non- compliance effective April 4, 1990. Upon roll call: Ayes: Arthur, Wattenberg Nays: Busse, Corcoran, Floros, Floros, Van Geem Motion failed Trustee Corcoran, seconded by Trustee Van Geem, moved to assess a fine against TCI of $200.00 per day of non- compliance retroactive from March 20, 1990 until the customer at 1350 West Northwest Highway is able to receive cable TV service. Upon roll call: Ayes: Arthur, Busse, Corcoran, Floros, Van Geem Nays: Wattenberg Motion carried. ACCEPT GRANT A Resolution was presented that would authorize FROM EPA execution of an agreement between the Village and the Environmental Protection Agency relative to accepting and applying this grant as prescribed by law. RES.NO.16-90 Trustee Van Geem, seconded by Trustee Corcoran, moved for passage of Resolution No. 16-90 A RESOLUTION ACCEPTING AND AUTHORIZING THE EXECUTION OF A GRANT AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE ENVIRONMENTAL PROTECTION AGENCY Upon roll call: Ayes: Arthur, Busse, Corcoran, Floros, Van Geem, Wattenberg Nays: None Motion carried. ANY OTHER BUSINESS None. EXECUTIVE EXECUTIVE SESSION SESSION Trustee Wattenberg, seconded by Trustee Arthur, moved to go into Executive Session for the purpose of discussing Personnel, Potential Litigation and reviewing the minutes of the Executive Sessions for the past 6 months in order to determine if any of those minutes can be released to the public. Upon roll call: Ayes: Unanimous Motion carried.' The Village Board went into Executive Session at 10:58 P.M. Page 10 - April 3, 1990 The meeting was reconvened at 12:01 A.M. RECONVENE Present upon roll call: Mayor Farley Trustee Arthur Trustee Busse Trustee Corcoran Trustee Floras Trustee Van Geem Absent: Trustee Wattenberg It was determined that the minutes of the following Executive Sessions may be released to the public: October 17, 1989 November 8, 1989 January 9, 1990 February 6, 1990 A Resolution will be presented April 17th authorizing the release of these minutes. ADJOURNMENT Trustee Arthur, seconded by Trustee Corcoran, moved to ADJOURN adjourn the meeting. Upon roll call: Ayes: Unanimous Motion carried. The meeting :was adjourned at 12:11 A.M. Carol A. Fields -Village clerk Page 11 - April 3, 1990 P R 0 C L A M A T 1 0 N WHEREAS, April 22, 1990 is the occasion of the ninth annual GIRL SCOUT LEADER'S DAY; and WHEREAS, Girl Scouting provides a special place for girls to have fun while gaining self-confidence, developing skills, and learning how to be thoughtful and responsible; and WHEREAS, the adult Girl Scout leaders are a vital part of this process, serving as role models, and providing inspiration and leadership; and WHEREAS, the 78 -year old tradition of Girl Scouting depends upon the continuing service and devotion of these volunteer leaders; and WHEREAS, it is fitting that Girl Scout leaders be publicly recognized and honored on April 22, the official GIRL SCOUT LEADER'S DAY. NOW, THEREFORE, I, Gerald L. Farley, by virtue of the authority vested in me as Mayor of the Village of Mount Prospect, hereby proclaim April 22, 1990, as GIRL SCOUT LEADER'S DAY in Mount Prospect, Illinois. I do further call upon all citizens of the Village of Mount Prospect to join me in honoring Girl Scout leaders and lending continued support and cooperation to all Girl Scouts. Gerald L. Farley ATTEST: Mayor Carol A. Fields Village Clerk Dated this 17th day of April, 1990 Village of Jount Prospect Mount Prospect, Illinois N. A, 2a INTEROFFICE MEMORANDUM TO: MAYOR GERALD L. FARLEY AND BOARD OF TRUSTEES FROM: VILLAGE MANAGER DATE: APRIL 3, 1990 SUBJECT: LIQUOR LICENSE APPLICATION - CLASS W TAQUERIA FIESTA, 1802 SOUTH ELMHURST ROAD IMMEDIATELY SOUTH OF GOLDEN NUGGET RESTAURANT On Tuesday, April 3, 1 met with Mr. Fernando who is the Manager of Taqueria Fiesta. Mr. Fernando explained the request for a Class W (beer and wine only) License for this new Mexican restaurant. I was informed that Salud Cortez is the brother-in-law of Fernando and Oralia Barajas is the sister. They have been involved with operating eight Mexican restaurants in the City of Chicago with their father who retired over a year ago. This is the first restaurant to be owned and operated by the siblings. None of the individuals involved in this restaurant had a Liquor License in their name in the past. They have been involved with restaurants which did have Liquor Licenses in the name of their father. Their practice is to not sell liquor until after 11:30 on any day and stop sales approximately one hour before closing. They are estimated to be open for breakfast, lunch and dinner from 5:00 a.m. to 10:00 p.m., Monday through Saturday and from 6:00 am. to 10:00 p.m. on Sunday. The liquor sales time would be from approximately 11:30 a.m. to 9:30 p.m. on each of the days. They also have, an internal policy of not selling more than three alcoholic beverages to any of their customers. This is a practice they have had in the past and they feel is worthwhile. Four employees are presently going through the restaurant and cooking certification courses. The brother-in-law, sister and Mr. Fernando all have their certifications at this time. They also anticipate sending several of their people for the liquor handling course at Harper College or some other similar site in the very near future. At least one of the three siblings will be on site at all times. They anticipate that at least two, or possibly all three of them, will be there the majority of the time. Mr. Fernando was made aware of the liquor controls the Village of Mount Prospect follows. He had already applied to the Police Department for finger printing and filling out of the State liquor application. He was also made aware of the procedures to be followed if there are any problems with any of the patrons because of the sale of alcohol and was fully aware of actions that need to be taken by the restaurant. It is anticipated that there would be very little wine sales, however, they would anticipate selling imported beers of Mexican variety with their meals. Mr. Fernando will be present at the Village Board meeting on April 17. They have been in operation since the third week in March and sell a unique variety of authentic Mexican foods. JOHN FULTON ;IRON JFD/rcw VILI 11'.GE OF MQUNIPRf P ECT COOK OX&M ILLINOIS RENEWAL DATE-,3 - lj�%t� NEW _Lv, 0150 Non-Refundable Application Fee for issuance of Ain Liquor License; one-time only fee) Honorable Gerald L. Farley, Village President and Local Liquor Control Commissioner Village of Mount Prospect, Illinois Pursuant to the provisions of the Municipal Code of Mount Prospect of 1957, known as Section 13.103, passed by the Board of Trustees of said Village on the 15th day of January, 1957, as amended, regulating sale of alcoholic liquors in the Village of Mount Prospect, County of Cook, State of Illinois: The undersigned, r' hereby makes application or a ass quor dealer's cense or the period ending April 30, 19�/ , and tenders the sum o /�'SDl1 `—' ,the prescribed fee as set forth in the and SCHEDULE OF ANNUAL FEES FOR THE VARIOUS CLASSES OF RETAIL LIQUOR DEALERS' LICENSES (SECTION 13.106): An-nxAl Fce CLASS A: Retail package and consumption on premises $ 2,500.00 CLASS B: Consumption on premises only 2,000,00 CLASS C: Retail package only 2,000.00 CLASS D: Non-profit private clubs, civic or fraternal organizations; consumption on premises only 750.00 CLASS E: Caterer's license 2,000.00 CLASS G: Park District Golf Course; beer and wine; limited number of special events to include full service bar facilities; consumption on premises only 00.00 CLASS H: Supper Club; offering live entertainment 2,000.00 CLASS M: Hotels, motels, motor inns, motor lodges; retail package and consumption on premises 2,500.00 CLASS P: Retail package - refrigerated and non- refrigerated beer and wine only - no consumption on premises 1,750.00 CLASS R: Restaurant - consumption at dining tables only 2,000.00 CLASS S: Restaurant with a lounge 2,500.00 CLASS T: Bowling Alley 2,500.00 CLASS V: Retail package - wine only 1,500.00 CLASS W: Restaurant - consumption of beer or wine only and at dining tables only 1,500.00 SURETY BOND REQUIRED 1000.00 EACH LICENSE TERMINATES ON THE 30TH DAY OF APRIL, Your petitioner, r, , doing business as respectfully requests permission to operate a retai liquor business at dr�2 c• , Mount Prospect, Illinois. Description and name of premises: 15EQ-Uletee� hYid2r+A�f #'*3 4 4vazolt &-SIAAe4V7� :�LW AAM 41— Iz- — must be complete as to floor area, Erontage, etc.) o1a-:V,4q Is applicant owner of premises: Ajj If not owner, does applicant have a lease?State date applicant's lease expires: If not owner, attach copy ease hereto. Does applicant have a management contract with another person or entity for the operation or management of the licensed premises? &12 If so, state the name and address of the manager or management company. (The manager or management company must complete the same application as the owner). Is applicant an individual,<Co—rpo—ratiola a co -partnership or an association? (Circle one) If an individual, state y9ur name, date of birth, address, telephone number and Social Security Number: If co -partnership, state name, date of birth, address, telephone number and Social Security Number of each person entitled to share in the profits thereof: If a co -partnership, give the date of the formation of the partnership: If a corporation, give state and date of incorporation: 1- �z If a corporation incorporated in a state other than the State of Illinois, indicate date qualified under Illinois Business Corporation Act to transact business in Illinois: If a corporation, give names, addresses, dates of birth, telephone numbers and Social Security Numbers of Officers and Directors. Also, list the names, addresses, dates of birth and Social Security Numbers of shareholders owning in the aggregate more than 5% of the stock of such corporation. OFFICE AND/OR PERCENT OF NAME ADDRESS 5-T DCK, HELD Date of Birth: / Az. //g<7 Social Security #,?jLd & ,Z Phone # 4 2f,-5� X), 11111h.4djub I - I oej Yz" --A Date of Birth: Social Security Phone Date of Birth: Social Security # Phone # (Additional informationtobe included on a separate listin-9) Objects for whichorgai don is formed: #)IjjA),h 010ewl" �/ If an individual, a co -partnership, a corporation or an association, has the applicant or any of the partners, incorporators, directors, officers, agents or stockholders ever been ,convicted of a ftkmy or a misdemeanor? —LZO If so, explain: If applicant is an individual, state age:46—Marital status: Is applicant a citizen of the Um' ed States'),U/A If a naturalized, citizen, state date and place of naturalization: How long has applicant been a resident of Mount Prospect, continuously next prior to the filing of this application? 301 114 A410wr Local address: — zz:-ejq&4Telephone no._� �`� State character or type of business of applicant heretofore:_Ag„,,, d.4 0 -e42ej� 0,4- '&0YAeL' State amount of goods, wares and merchandise on hand at this time: How long has applicant been in this business? -t��.. Is the applicant an elected public official? .4JO If so, state the particulars thereof: Is any other person directly or indirectly in applicant's place of business an elected public official? In the case of an application for the renewal of a license, has the applicant made any Political contributions within the past 2 years? �--AZI-L� If so, state the particulars thereof.___" Does the applicant hold any law enforcement office? � If so, designate title: Does zthe -epplicant possess -a -current Federal Wagering -or Gambling -Device Stamp? If so, state the reasons therefor:t)/) 4jlj Has applicant ever been Convicted of a gambling offense as presented by any of subsections (a) (3 through a) (10) of Section 28-1, or as prescribed by Section 28-3 of the "Criminal Code of 1961" as heretofore or hereafter amended? /,./,o If so, list date(s) of said conviction(s): Has applicant ever made similar application for a similar or other license on premises other than described in this application? VO If so, state disposition of such application: Is applicant qualified to receive State and Federal license to operate an alcoholic liquor business? >/Z5 Has applicant ever bad a previous license revoked by the Federal government or by any state or subdivision thereof? .4)0 If so, explain: Is applicant disqualified to receive a license by reason of any matter or thing construed by this Ordinance, the laws of this State or other Ordinances of this Village? A1() Does applicant agree not to violate any of the laws of the State of Illinois, the United States of America or any of the Ordinances of the Village of Mount Prospect in the conduct of his/her place of business? Uor Does applicant currently , ty Dram Shop Insurance covers gt. Aj 0 __. If 'Yes," attach copy. AVIArl;V-5 'rl,*e, If applicant is not the owner of the premises, does the owner thereof carry Dram Shop insurance ,coverage? A2 (If the answer to either of the foregoing questions is 'No," no license shall issue.) Does Surety Bond required by Ordinance accompany this application at the time of filing? A.�Q State name and address of each surety next below: Give name, address, date of birth, telephone number and Social Security Number of manager or agent in charge of premises for which this application is made: UAB SA XA ArA�'4-yl- SIGNATURE OF APPLICANT,.,,�Qj I Corporate Seal (If applicant is corporation) Who, first being duly sworn, under oath deposes and says that he is/are the applicant(s) for the license requested in the foregoing application; thit— lie_ is/are of good repute, character and standing and that answers to the questions asked in the foregoing application are true and correct in every detail. STATE OF ILLINOIS SS. QOUNTY ,OF -COOK Subscribed and Sworn to before me APPLICATION APPROVED; OFFICIAL SEAL JOSEPH ROBERT RUFFING NOTARY PUBLIC, SWE OF ILLINOIS MY COMMISSION EXPIRES 7/18/93 A this :3 day of kD., 19 V Nota r(rlicv Local Liquor Control Commissioner VILLAGE OF MOUNT PROSPECT PLANNING AND ZONING DEPARTMENT Mount Prospect, Illinois TO: JOHN F. DIXON, VILLAGE MANAGER FROM: PAUL BEDNAR, PLANNER' SUBJECT: ZBA-17-SU-90, ROSENOW INVESTMENT PROPERTIES LOCATION: 2200 SOUTH BUSSE ROAD DATE: MARCH 13, 1990 The applicant appeared before the Zoning Board of Appeals on February 22, 1990 to request the following: 1. A Special Use/Planned Unit Development for the creation of a five -lot 1-1, Light Industrial Park. Currently, this parcel is a one lot, three -unit condominium tight industrial park. The average proposed lot size is just over one acre. Variations to the P.U,D. standards are also requested as part of the Special Use including: a. A waiver of the common ownership requirement for a Planned Unit Development. b. The perimeter yard setbacks. Mr. Stefaniak, the attorney representing the petitioner, explained the background of this case to the Board. In 1986, this parcel was rezoned to I-1 and granted variations for a 20 perimeter yard setback along the north property line and a 10 foot setback along the south property line, along with a variation to the parking space requirements which meet today's standard. Conditions were attached to those variations including: 1. No outside storage of equipment or materials on the site. 2. Petitioner cooperating with staff in the development of a parking plan, landscape plan and water detention plan. The property was originally set up as a three unit condominium. J & L Industrial Supplies already occupies Unit #1. The remainder of the property was to be developed as mini - warehouses at the far west end and the Rosenow Roofing facility on the south half of the property. However, those plans have changed. Mr. Rosenow, the owner of the remainder of the parcel has found difficulty marketing the project as it was approved in 1986. Therefore, they are proposing to abolish the condominium ownership and subdivide the John Fulton Dixon - Page 2 March 13, 1990 parcel into five separate lots of record. The most apparent change between the 1986 site plan and this new proposal is that Unit #2, as exists, will be split into three separate lots of record. The average proposed lot size is just over one acre. A portion of the private street and detention areas has already been completed in order to serve J & L. Mr. Lenit, a land planner representing the petitioner, went over the specifics of the site plan. He stated that it has been his experience that the 4 acre minimum in our Code is too large for small industrial users. The one plus acre size, as shown on this site plan, should be acceptable. Mr. Lenit presented an exhibit to the Zoning Board showing building envelopes on each individual new lot. In some cases, these buildings are located 10 feet away from the south property line. Mr. Lenit said the 10 foot setback along the south property line would be necessary since they plan to provide a 30 foot front yard setback. The petitioner also committed to appearing before the Sip Review Board in order to offer a P.U.D. sign package. Staff informed the Zoning Board of Appeals that the smaller acreage of the proposed lots does not present a problem based upon: 1. The fact that Lake Center Plaza and Kensington Business Center have many lots that are less than 4 acres in size and are acceptable. 2. By approving a Planned Unit Development, we will ensure proper maintenance and sign control for each individual lot. 3. A 4 acre minimum lot size seems to be too big for smaller industrial users. It was noted that the petitioner is proposing the same perimeter setbacks as originally approved in 1986 which are 20 feet on the north and 10 feet on the south. All other 1-1 District requirements, such as building height, floor area ratio, lot coverage should be observed for each individual lot. The petitioner noted that all utilities and the street will remain in private ownership and maintenance. He agreed to all concerns set forth in the Village staff comments. The Board members then discussed the following issues at length: 1. Whether the one acre lot size is appropriate for this parcel. It was noted that other business parks have lots just over 2 acres in size. It would be possible to combine two of these proposed one acre Jots to have a comparable lot size. 2. There was some discussion with regards to the hardship for variations. Some comments were made that it was a self-made hardship resulting from too large a building on a one acre lot size, thereby reducing the rear and side yard setback requirements as recommended by staff. John Fulton Dixon - Page 3 March 13, 1990 After some discussion, the Board then decided to approve the Special Unit/Planned Development with the following conditions: 1. Each lot, except Lot #1, provide a 30 foot front yard. 2. A 20 foot perimeter yard be required on the north property line and 10 foot yard on the south with a 20 foot on the west. 3. A 15 foot side yard required for buildings on each lot except for Lot #1. A 10 foot side yard for parking on each one of these lots. If the building height is over 20 feet, then an additional I foot building setback for each foot of building height must be provided in the affected side yard. 4. No outside storage will be allowed on any lots. 5. The petitioner will cooperate with staff with regards to an acceptable landscape plan, site plan and drainage plan for each lot. This motion was approved unanimously. There were no objectors present in the audience to voice any concerns. If the Village Board approves the zoning requests, the applicant will then proceed to the Plan Commission with a plat of subdivision. PB:hg Approved: MINUTES OF THE REGULAR MEETING OF THE MOUNT PROSPECT ZONING BOARD OF APPEALS ZBA CASE NO. 17 -SU -90 PETITIONER: SUBJECT PROPERTY: PUBLICATION DATE: REQUEST: ZBA MEMBERS PRESENT: MEMBERS ABSENT: OBJECTORS/INTERESTED PARTIES: Hearing Date: February 22, 1990 Rosenow Investment Properties 2200 South Busse Road February 7, 1990 A Special Use/Planned Unit Development is proposed for a five -lot Light Industrial subdivision and the following variations to the P.U.D. standards: A waiver of the common ownership requirement for a Planned Unit Development; and the perimeter yard setbacks. Ronald Cassidy, Acting Chairman Robert Brettrager Lois Brothers Peter Lannon Marilyn O'May Len Petrucelli Gil Basnik Mr. Alan Stefaniak, Attorney representing the petitioner, gave a brief summary of the history of the project. In 1996, a rezoning to 1-1 and variations were granted for a one lot, 3 unit condon-tinium. This proposal is slightly different than the approved site plan, He then informed the Board that the J & L building on Unit #1 is already constructed and operational. Mr. Rosenow, the owner of the remainder of the parcel, is having difficulty marketing it as per the approved site plan. The petitioner is requesting that the original condominium association be abandoned and that the site be developed according to a Planned Unit Development. Mr. Stefaniak stated that the owner is now seeking to create a five -lot subdivision with the -individual property owners forming an association. The association would be responsible for maintaining the detention facilities private roadway and other common elements. He noted that the private road serving the site is listed as an outloi. Mr. Steve Lenit, land planner representing the petitioner, stated that the subject site is too narrow, creating a hardship in the development of this parcel. He stated the width of the parcel is approximately 400 feet. Mr. Lenit stated that the variations being requested will not have a negative impact on adjoining properties and that adequate light, veniflation and ZBA-17-SU-90 February 22, 1990 Page 2 of 3 drainage will remain adequate: around the site. He noted that the proposed plan is in compliance with the Village's Comprehensive Plan, is part of a previously approved variation, and is being requested because of the irregular shape and narrowness of the site. He added that one of the variation requests, for a 10 foot side yard on the south side, would be adequate for fire protection, drainage, and would allow for reasonable development of the property. He added that the petitioner is willing to trim up trees on the north side and to comply with screening outside storage. He stated that a letter from the Project Design Engineer regarding drainage has been submitted to the Village. Mr. Lenit also noted that the petitioner is requesting a reduction of the minimum lot size for the site from 4 acres to 1 acre. He stated that market conditions and site constraints create a hardship and prevent the site from being developed on 4 acre lots. Paul Bednar, Planner, commented upon the case. He stated that a smaller lot size does not pose a problem based upon three facts: 1. Lake Center Plaza and Kensington have some lots smaller than 4 acres; 2. A Planned Unit development will ensure proper maintenance and sign control; 3. A 4 acre minimum lot size seems too big for smaller users. The same perimeter yard setbacks which were approved in 1986 are now requested. The staff recommends the same setbacks for each individual lot as was approved for Lake Center Plaza, including 15 foot side yards (10 foot for parking), 20 foot rear yards and 30 foot front yards. With regards to the south side perimeter yard, Mr. Bednar said that a 10 foot setback for parking and a 20 foot setback for a building may be acceptable. It was also noted that outside storage was not permitted in the 1986 plans for this facility and that should be a condition of any new approval. Mr. Brian Carrol, from Baird & Warner, explained the marketing conditions for the site. He noted that the proposed development is intended to serve the smaller industrial users, Mr. Petrucelli stated that he felt the Board should keep the Village's higher standards and have the petitioner return with a more specific site plan. He expressed his concern of the variations on the perimeter yard and side yards. He also mentioned that he felt the petitioner has self-imposed hardships, especially if they relate to the number of buildings on the site. Many Board members agreed. After farther discussion, Mrs. Brothers moved, seconded by Mr. Lannon, to approve the Special Use/Planned Unit Development along with variations to the perimeter yard and ownership as follows: 1. A 15 foot side yard be approved except to allow parking up to 10 feet from the side yard, also that buildings over 20 feet in height be required to add 1 foot setback for every 2 feet in height; ZBA-17-SU-90 February 22, 1990 Page 3 of 3 2. A 20 foot setback be required on the north property line, a 10 foot setback on the south property line and a 20 foot setback along the Northwest Tollway property line; 3. The developer cooperate with the Village in the preparation of landscaping and site plan; 4. These requirements pertain only to Lots 2, 3, 4, and 5 as shown on Exhibit A; 5. The developer abide by all conditions stated in the staff's comments; 6. There will be no outside storage. Upon Roll Call: AYES: Brettrager, Brothers,Cassidy, Lannon, O'May, Petrucelli NAYS: None Motion carried by a vote of 6-0. This recommendation will be forwarded to the Village Board. Michael E. Sims Recording Secretary VILLAGE OF MOUNT PROSPECT PLANNING AND ZONING DEPARTMENT Mount Prospect, Illinois TO: GIL BASNIK, ZONING BOARD OF APPEALS C RMAN FROM: PAUL BEDNAR, PLANNER SUBJECT: ZBA-17-SU.90, ROSENOW INVESTMENT PROPERTIES LOCATION: 2200 SOUTH BUSSE ROAD DATE: FEBRUARY 14, 1990 The applicant is requesting a Special Use/Planned Unit Development for the creation of a five -lot 1-1, Light Industrial Park. Currently, this parcel is a three -unit condominium light industrial park, 60% vacant. The average proposed lot size is just over one acre. Variations to the P.U.D. standards are also requested for the following: 1. A waiver of the common ownership requirement for a Planned Unit Development. 2. The perimeter yard setbacks. Both Engineering and Inspection Services Departments note the following: 1. Sanitary sewers, storm sewers, detention basins, and watermains will remain in private ownership and maintenance. Easements should be granted for access to valves, hydrants and service valves. There are additional easements for watermain on Lot No. 2 that should be shown. No structures including parking lot should be built in an easement. 2. A grading plan for each lot shall be submitted prior to the development of a lot. All lots shall drain to an existing detention area. More detention may be provided on each lot. 3. The cul-de-sac bulb dimension must be verified by the Fire Department. Turning -movements for emergency vehicles must be substantiated in this cul-de-sac. 4. If more impervious area is to be created than originally stipulated on the M.S.D. Permit No. 87625 (6.86 AC) the restrictor size may need to be changed. 5. All Development Code and Building Code regulations shall apply to each lot. Gil Basnik - Page 2 February 14, 1990 This property was annexed to the Village and subsequently rezoned to I-1, Light Industrial in 1986. Ordinance No. 3656 was approved in June, 1986 by the Village Board granting variations for a condominium light industrial park. A copy of this Ordinance and site plan is attached for your review. In essence, variations were granted for a 20 foot setback along the north property line, a 10 foot setback along the south property line, and parking space requirements as currently required. Conditions were attached to these variations, including: 1. No .outside storage of equipment or materials be permitted on the site. 2. The petitioner cooperate with the Planning and Zoning Department concerning the development of a suitable parking plan, landscape plan, and storm water detention plan. This property was originally intended to be developed as .a three -unit condominium. J & L Industrial Supply has already built their building on Unit 1 of the condominium parcel located at the north end of the property. A portion of the private street and detention areas have already been completed in order to serve J & L Industries. The remainder of the condominium property was to be developed as mini -warehouses on the far west end, and a Rosenow Roofing facility on the south half of the property. rrg-nt Proposal Rosenow's Investment Properties is now proposing to abolish the condominium ownership and subdivide this parcel into separate lots of record. The most apparent change between the unit boundaries and the lot boundaries proposed is evident when comparing the plat of survey to the proposed site plan. Unit No. 2, as it exists, is proposed to be split into three separate lots of record, lots 3, 4, and 5. The average proposed lot size is just over one acre. Representatives of the petitioner should explain to the Board the reasons behind this proposal. Staff has no objection to the proposed change in ownership from condominium to individual lots of record. The average size of proposed lot being just over one acre is less than the 4 acre minimum required in an I-1 District. However, we do not have an objection based upon the fact that: 1. A 4 -acre minimum seems too large for small industrial users. 2. Both the Lake Center Plaza and Kensington Business Center have many lots that ~aren't 4-acres�Ihe­smalieronesare-about 2+ acres)and-they-donuttimte-problems. 3. The P.U.D. designation will ensure proper maintenance and sign control. It is to the Village's benefit that a P.U.D. be established in order to maintain control of the small lot development. Gil Basnik - Page 3 February 14, 1990 A ftanned Ung Development would require perimeter yard setbacks of 25 -feet on the north and south property lines and 20 feet to the west. The petitioner is proposing the same perimeter setbacks as originally approved in 1986, which are 20 feet on the north, and 10 feet on the south property line. We would recommend that the Zoning Board consider the normal 1-1 setback requirement standards for each individual lot, which would include the following: 1. Front yards (along the private drive) of 30 feet. 2. Side yards of 30 feet between industrial lots (parking could be allowed up to 10 feet from the side property line). 3. Rear yards (backing up to the adjacent residential) of 40 feet (parking can be as close as 30 feet from a transitional rear property line). As you can see if the above requirements were applied, it would be much more restrictive than the setbacks allowed previously. It would seem reasonable that this development of small industrial users would not have to provide the strict 1-1 setbacks for each lot, nor is it required since this project is proposed as a P.U.D. However, we recommend that any approval of this proposal be conditioned on individual lot setbacks similar to that of Lake Center Plaza. 1. Allow 15 foot side yards instead of 30 feet. If the building height is over 15 feet then an additional 1 foot setback is provided for every 2 feet of building height. 2. A 20 foot rear yard setback instead of 40 feet when adjacent to a residential district. Additional landscaping should be installed. 3. Thirty foot front yard setbacks. Other 1-1 District requirements, such as, building height, floor area ratio, lot coverage should be observed. In su "'10 b "'IN aaggg Sib I I * WOO IN W. ON PB:hg CAF/ 4/13/90 ORDINANCE NO. AN ORDINANCE REPEALING ORDINANCE NO. 3656 AND GRANTING A SPECIAL USE IN THE NATURE OF PLANNED UNIT DEVELOPMENT FOR PROPERTY GENERALLY COMMONLY KNOWN 1--A-S 2200 SOUTH --BUSSE FOAD WHEREAS, Rosenow Investment Properties (hereinafter referred to as Petitioner) has filed a petition for a Special Use with respect to property commonly known as 2100 South Busse Road (hereinafter referred to as the Subject Property); and WHEREAS, the Subject Property is legally described as follows: Lot 1 in Busse Road Subdivision, being a subdivision in the East Half of the Southeast Quarter of Section 22, Township 41 North, Range 11, East of the Third Principal meridian in Cook County, Illinois and WHEREAS, Petitioner had submitted a request for variations, being the subject of ZBA Case No. 4-V-86, which variations were granted by the President and Board of Trustees of the Village of Mount Prospect on June 6, 1986, through the passage of Ordinance No. 3656 entitled "An Ordinance Granting Variations for Certain Property Generally Located on the West side of Busse Road Approximately 800 Feet North of the Northwest Tollway in the Village of Mount Prospect; and WHEREAS, Petitioner seeks a Special Use in the nature of a Planned Unit Development, providing for the development of a 5 -lot Light Industrial use, a variation from the Planned Unit Development standards: 1. To waive the requirement that the development be under common ownership for the 18 month period, as required; and 2. To waive the required perimeter yard setbacks. WHEREAS, a public hearing was held on the request for Special Use (designated as ZBA Case No. 17 -SU -90) before the Zoning Board of Appeals of the Village of Mount Prospect 'on the 22nd day of February, 1990, pursuant to proper legal notice having been published in the Mount Prospect Herald on the 7th day of February, 1990; and WHEREAS, the Zoning Board of Appeals has submitted its findings on the proposed Special Use to the President and Board of Trustees; and WHEREAS, the President and Board of Trustees of the Village of Mount Prospect have determined that the best interests of the Village of Mount Prospect will be attained by the adoption of the following Ordinance regarding the Subject Property. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the recitals set forth hereinabove are incorporated herein as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: That inasmuch as the variations granted under Ordinance No. 3656 will no longer be applicable following the adoption of the Special Use in the nature of a Planned Unit Development, being the subject of ZBA 17 -SU -90, said Ordinance No. 3656 is hereby repealed. SECTION THREE: That a Special Use in the nature of a Planned Unit Development is hereby authorized, which Planned Unit Development shall be developed in accordance with the Site Plan attached hereto and hereby made a part hereof as Exhibit "A". SECTION FOUR: That the Planned Unit Development being the subject of this Ordinance is granted subject to the following conditions: 1. That the Planned Unit Development shall remain under common management or control by an Association of the individual owners of lots within said Planned Unit Development, for the maintenance of private streets, utilities, open, space and storm water detention areas. 2. That a proposal for unified signage in the Planned Unit Development be approved by the Sign Review Board. 3. All industrial lots shall provide a thirty foot (301) front yard setback, with the exception of Lot 1 which is a development parcel. 4. That Lot 1-A shall be designated for future parking for Lot 1, which parking shall be designed using the same setbacks as existing parking on the west side of Lot 1. 5. That a twenty foot (201) perimeter yard be provided on the north property line, a ten foot (101) perimeter yard on the south lot line, and a twenty foot (201) perimeter yard on the west lot line. 6. That there shall be a fifteen foot (151) side yard requirement for all buildings and a ten foot (101) side yard requirement for parking lots. If the height of a building facing a specified side yard is in excess of twenty feet (201), then an additional one foot (11) of setback shall be provided for every one foot (11) of building height over twenty feet (20'). 7. There shall be no outside storage within the Planned Unit Development. 8. Individual site plans, drainage plans and landscape plans shall be submitted for each' lot within the Planned Unit Development for staff review. The final plans specified herein and as approved by staff shall be made a part of this Ordinance and attached hereto as exhibits. SECTION FIVE: 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 ATTEST: Carol A. Fields Village Clerk day of Gerald L. Farley Village President 1990. iLLAGE OF MOUNT PROSPL,:t PLANNING AND ZONING DEPARTMENT Mount Prospect, Illinois TO: JOHN F. DIXON, VILLAGE MANAGER FROM: PAUL BEDNAR, PLANNER SUBJECT: ZBA.14.V-90, MICHAEL MADAY LOCATION: 910 SOUTH OWEN STREET DATE: MARCH 2 8, 1990 The applicant appeared before the Zoning Board of Appeals on March 22 to request the following variations: 1. Section 14.3016 in order to allow a 24 foot wide driveway for a one -car garage instead of 15 feet. 2. Section 14.1102.A to allow a zero foot setback for a parking pad instead of 30 feet. 3. Section 14.1102A to allow 37% impervious surface coverage in the front yard instead of 3Wo. Mr. Maday stated that when he purchased the home there was an existing 24 foot wide driveway that was in disrepair and he replaced it with concrete. He replaced this existing driveway without obtaining the necessary variations. He presented evidence to the Board that only two homes out of 22 in the neighborhood have 15 foot wide driveways. The remainder have driveways wider than 15 feet for one -car garages. This evidence was verified by the staff at the hearing. The Board then voted to approve all variations unanimously 4-0. There were no neighbors present to object to this proposal. W-0 Approved: David A Clements, Director 910 F. (\;a' ?l ,'y,: (312) 7Z6-1313 lqyroa;pcct, IlLinoi-S (Aj): 1,120986 Zarka ENGINEERING LAND SURVEYING PL -4T r sion of UwtL p,�.IrL oF the West Half Of the 4`Cj� "'qlf of Cha[ ,,t: 25 ir) (jci.r-[-,MA� 1,�iU�tus, heinr n sulxlivi41 �AVLIIiid Tirinci.NIL 14cridinn JN,jrj�, j,k,rLh (If, section U, 'I't-11shil) , MIlVe ur the �,urthcoSL marWC Of t or deLic,,tif, rm,,j%jc6 I L, ]929 as [X)CLuictit- '1(y,9;,q7`3 pccordb, to che cen Lerline Of Golf Road Of the 11,LFisLr,1r �,[ titles of G)ok Goijnty, Iltimis, Oo plat of said Clearbrook rstaLcs rmisLurcd in the ()ffice pW,ust 21, 1956'as Docullenc 1+1690611- 'S' 4*V=-,--7-4--.244> MINUTES OF THE REGULAR MEETING OF THE MOUNT PROSPECT ZONING BOARD OF APPEALS ZBA CASE NO. 14-V-90 Hearing Date: March 22, 1990 PETITIONER: Michael Maday SUBJECT PROPERTY: 910 South Owen Street PUBLICATION DATE: March 6, 1990 REQUEST: Variations from: Section 14.3016 to allow a 24' wide driveway for a one -car garage instead of 15'; Section 14.1102.A to allow a zero foot setback for a parking pad instead of 30'; Section 14.1102.A to allow 37% impervious surface coverage in the front yard instead of 35%. ZBA MEMBERS PRESENT: Gilbert Basnik, Chairman Lois Brothers Ronald Cassidy Peter Lannon ABSENT: Robert Brettrager Marilyn O'May Len Petrucelli OBJECTORS/INTERESTED PARTIES: None Chairman Gil Basnik introduced this case as being variations to allow a 24' wide driveway for a one -car garage instead of 15'; a zero foot setback for a parking pad instead of 30'; and 37% impervious surface coverage in the front yard instead of 35%. The petitioner, Michael Maday, presented his case stating that the 24 foot wide driveway was in place when he purchased the home. He further stated that it was a blacktop driveway in disrepair and he wanted to replace it with concrete. He explained that in his neighborhood there were only 2 homes out of 22 that had 15 foot driveways. He further mentioned that he spoke to his neighbors about the improvement he was proposing to the driveway and none of his neighbors objected. He alluded to some patio work which was done in 1988 and which required a variation, but did stipulate that he received a permit for that patio. Paul Bednar, Planner for the Village, acknowledged the majority of driveways in the neighborhood as being wider than 15 feet with only one•car garages. He clarified the issue of the permit for patio work done in mid -1988, by explaining that a permit was issued, however, the work done on the patio was more extensive than what the permit allowed and ZBA-14-V-90 Page 2 of 2 that constituted the need for the variation. Mr. Bednar further stated that, since there were already so many homes in the neighborhood with wider driveways, he did not feel that this 24 foot wide driveway would negatively impact the neighborhood. There was a brief discussion as to the negligence on the part of the contractor to obtain a permit for this driveway, and Chairman Basnik instructed Paul Bednar to have someone notify the contractor to apply for permits before he does any future work for the Village. Mr. Lannon, seconded by Mrs. Brothers, voted to grant variations from Section 14.3016 to allow a 24' wide driveway for a one -car garage; Section 14.1102.A to allow a zero foot setback for a parking pad; and Section 14.1102.A to allow 37% impervious surface coverage in the front yard as per petitioner's Exhibit No. 1. Upon Roll Call: AYES: Lannon, Cassidy, Brothers, Basnik NAYS: None Motion carried by a vote of 4-0. This recommendation will be forwarded to the Village Board for their consideration. Helen Giordano, Recording Secretary, 'viLLIAGE OF MOUNT PROSPER T PLANNING AND ZONING DEPARTMENT Mount Prospect, Illinois TO: GIL BASNIK, ZONING BOARD OF APPEALS CHAIRMAN FROM: PAUL BEDNAR, PLANNEi­_�_' SUBJECT: ZBA.14.V.90, MICHAEL MADAY LOCATION: 910 SOUTH OWEN STREET DATE: MARCH 14, 1990 REQUEST The case has been continued from the February 22 hearing date since the original submission did not include one necessary variation. The applicant is requesting the following variations: 1. Section 14.3016 in order to keep a new 24' wide driveway rather than the 15' Code allows for a one -car garage. 2. Section 14.1102.A to allow for a minimum front yard setback of zero feet for a parking pad instead of the required 30'. 3. Section 14.1102.A to allow 37% impervious surface coverage in the front yard instead of 35%. VILLAGE STAFF COMMENTS The Police Chief notes that parking is a problem in this neighborhood. The Inspection Services Department indicate that a permit was not issued before this driveway was installed. It is also noted that there was patio work done in mid -1988 which was also done without a permit and required a variation, which was since granted. The Engineering Department notes that the trenches along the concrete drive should be backfilled as soon as possible to prevent injury. No other comments or objections were received regarding this case. The applicants live in a single family home typical of other homes in this neighborhood. They have a one -car attached garage at the north end of their home. Mr. Maday recently replaced his driveway at a 24 foot width. Since there is only a one -car garage on the property, Code limits the width of the drive to 15 feet. Therefore, variations are required not only for the driveway width but also for the parking pad in the front yard and the lot coverage which exceeds 35% in the front yard. Gil Basnik - Page 2 ZBA-14-V-90 Upon a brief inspection of the neighborhood, we found other homes with one -car attached garages that had driveways wider than 15 feet. Some of these driveways appeared to be between 18' and 21' wide with a parking pad in the front yard similar to the one proposed. This particular 24' wide drive appears to be the widest in the neighborhood. Given the fact that there are other drives in the neighborhood similar but not as wide as this one, and also assuming that this particular drive had existed at this width before Mr. Maday reconstructed it, it should not have a significant impact upon the neighborhood. The petitioner should satisfy the Board as to why he did not receive a permit for this work. In summary, Mr. Maday has already installed a 24' wide driveway which necessitates three variations in order to keep it. Given the facts that there are other similar drives in the neighborhood, this particular driveway should not have a significant impact on the neighborhood. go CAF/ 4/11/90 ORDINANCE NO. AN ORDINANCE GRANTING VARIATIONS FOR PROPERTY COMMONLY KNOWN.AS 919 SOUTH . ..... OWEN STREET WHEREAS, Michael and Lisa Maday (hereinafter referred to as Petitioners) have filed an application for variations from certain provisions of Chapter 14 of the Village Code of Mount Prospect, Illinois, for property commonly known as 910 South Owen Street (hereinafter referred to as Subject Property) , legally described as: Lots 25 in Clearbrook Estates being a subdivision of that part of the west half of the west half of the northeast quarter of Section 13, Township 41 North, Range 11, East of the Third Principal Meridian, lying north of the centerline of Golf Road as per plat of dedication recorded October 11, 1929 as Document #10494973 according to plat os said Clearbrook Estates registered in the office of the Registrar of Titles of Cook County, Illinois on August 21, 1956 as Document #1690611 and WHEREAS, Petitioners seek variations from section 14.1102.A to allow a zero foot (o,) front yard, instead of the required 301; from Section 14-1102.A to allow an imperious surface coverage of thirty-seven percent (37%), instead of 35%, and, from Section 14.3016 to permit a twenty-four foot (241) wide driveway, instead of the permitted 151; and WHEREAS, a public hearing was held on the variations requested being the subject of ZBA Case No. 14-V-90 before the Zoning Board of Appeals of the Village of Mount Prospect on the 22nd day of March, 1990, pursuant to due and proper notice thereof published in the Mount Prosect Herald on the 6th day of March, 1990; and WHEREAS, the Zoning Board of Appeals has submitted its findings and recommendation to the President and Board of Trustees of the Village of Mount Prospect and the President and Board of Trustees of the Village have given further consideration to the variations requested and have determined that the same satisfies the standards set forth in Section 14.605 of Article VI of Chapter 14 of the Village Code and the Board of Trustees further find that it would be in the best interests of the Village to grant the variations as specified herein. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE:. The recitals set forth hereinabove are incorporated herein as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO * The President and Board of Trustees of the Village of Mount Prospect hereby grant to the subject property the following: 1. A variation from Section 14.1102.A to allow a zero foot (01) front yard, instead of the required 301; 2. A variation from Section 14.1102.A to allow an imperious surface coverage of thirty-seven percent (37%), instead of 35%; and 3. A variation from Section 14.3016 to permit a twenty-four foot (241) wide driveway, instead of the permitted 151; and SECTION THREE: Except for the variations granted herein, all other NwIre-E FWA M ZBA 14-V-90 Page 2 of 2 applicable Village of Mount Prospect ordinances and regulations shall remain in full force and effect as to the Subject Property. SECTION FOUR: In accordance with the provisions of section 14.604 of Chapter 14 of the Village Code, the variations granted herein herein shall be null and void unless permits are issued and construction begins within one (1) year from the date of passage of this Ordinance. SECTION TILREE: This Ordinance shall be in full force and effect from and after its passage, approval, publication in pamphlet form, as provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of Gerald L. Farley ATTEST: Village President Carol A. Fields Village Clerk 11990. VILLAGE OF MOUNT PROSPECT PLANNING AND ZONING DEPARTMENT Mount Prospect, Illinois TO: JOHN F. DIXON, VILLAGE MANAGER FROM: PAUL BEDNAR, PLANNER SUBJECT: ZBA-18-V-90, KEITH AND LAURY YOUNGQUIST LOCATION: 7 SOUTH EDWARD STREET DATE: MARCH 28, 1990 Mr. Youngquist appeared before the Zoning Board of Appeals on March 22, 1990 to request the following variations: 1. Section 14.102.13.1 to allow a 4' separation between a new room addition and the existing detached garage instead of 10 feet. 2. Section 14.1102.E to allow 47.5% lot coverage with impervious surface instead of 45%. Mr. Youngquist stated that his home is small and situated on a narrow and long lot. He is proposing a 775 square foot addition at the rear of the house for a kitchen expansion and family room. He further stated that his existing garage is located such that it is in the middle of his rear yard, close to the proposed addition. It is in good condition and does not want to move the garage further back to create more buildable space off the rear of the house. Along with this addition, he desires to install a 12'x16' patio which thereby exceeds the allowable impervious surface coverage by 2-1/2%, or approximately 200 square feet. Mr. Youngquist does not want to reduce the size of the addition or eliminate the patio in order to meet the lot coverage maximum, but he wishes to retain his original proposal. The Planning staff verified the facts presented by Mr. Youngquist, such as, this home being 1500 square feet, on a long and narrow lot and the garage being close to the rear of the house. Mr. Lannon expressed his opinion to the Zoning Board members regarding the lot surface coverage on 50 foot wide lots. He felt that, in the older parts of the Village, exceeding the impervious lot surface coverage was unavoidable. Mr. Basnik felt that there was good reason to stay within the lot surface coverage maximum, particularly on these smaller lots in town. Drainage was Mr. Basnik's main concern. John Fulton Dixon - Page 2 March 28, 1990 The Zoning Board voted on the two variation requests separately. The first variation regarding the 4 foot separation between the garage and room addition was approved unanimously 5.0, subject to the condition that 5/8" Class X drywall be installed in the existing garage. The second variation regarding the 47.5% lot coverage was denied by a vote of 3 ayes and 2 nays, There were no neighbors or objectors present at this hearing to express their concerns. A super majority vote of the Village Board will be required to approve the lot coverage variation. PB:hg Approved: �WA M. uhy'OIA- - David M. Clements, Director JL V L A I Lot 14 In Block 3 In BPSE.iS :fE'S TEVN AMITICa Tc . PiHG3PECT in thw East 112 of Section 12, Lomship 41 N. rtnI Range 1; East o: the Third Principal Kertwfian. mlmk4-r r{ , $:;Of tAkQ- / MINUTES OF THE REGULAR MEETING OF THE MOUNT PROSPECT ZONING BOARD OF APPEALS ZBA CASE NO. 18-V-90 PETITIONER: SUBJECT PROPERTY: Hearing Date: March 22, 1990 Keith and Laury Youngquist 7 South Edward Street PUBLICATION DATE: March 6, 1990 REQUEST: Variations from: Section 14.102.B.1 to allow a 4' separation between the garage and a room addition instead of 10'; Section 14.1102.13 to allow 47.5% lot coverage instead of 45%. : , I u I. WV91tim0ely ABSENT: OBJECTORS/INTERESTED PARTIES: Gilbert Basnik, Chairman Lois Brothers Ronald Cassidy Peter Lannon Len Petrucelli Robert Brettrager Marilyn O'May Chairman Gil Basnik introduced this case as being a variation to allow a 4' separation between the garage and a room addition instead of 10' and a variation to allow 47.5% lot coverage instead of 45%. Keith Youngquist, petitioner, presented his case stating that his home is very small on a narrow and long lot, and he is proposing to construct a 775 square foot addition. He mentioned that his kitchen was only IV X 10' and he could not consider building an addition smaller that the one he proposed. He further stated that his garage is in good condition and be would not want to move the garage further back and lose the mature trees he has in the rear of his property. He is an architect by profession and when he made the plans for his addition he assumed that the floor area ratio would govern the overall availability to build on his lot. He explained that he had a dated Zoning Ordinance which did not address the impervious surface coverage regulation when he was working on his plans for this addition. He explained that next to his family room he wanted a 12' X 16' patio and therefore, exceeded the allowed impervious surface coverage by 2 1/2%, or approximately 200 square feet. He understands that he does have an option of reducing the size of the addition or eliminating the patio, but wishes to remain with his original proposal. '—JA -18-V-90 March 22, 1990 Page 2 of 2 Paul Bednar, Planner representing the Village, stated that the home is typical of the homes in the neighborhood, that it is on a narrow, long lot and that the proximity of the garage to the house makes any large addition impossible without a variation. He further stated that there would be a lesser impact if a smaller addition, such as 600 square feet, were proposed, and mentioned that this should be addressed. Mr. Bednar suggested to the Board members that, if' they were to recommend approval of this addition, they should condition it upon the installation of 5/8" Class X drywall in the garage for safety reasons. There was some discussion regarding the impact of impervious lot surface coverage, Mr. Lannon mentioned that the Zoning Board members envisioned these types of variations surfacing when they reduced the impervious lot surface coverage from 50% to 45%. He felt that most of the homes in the older part of the Village, are already exceeding the maximum allowed impervious surface coverage, and felt that in many cases this was unavoidable, Chairman Basnik felt that there was a reason for reducing impervious surface coverage, particularly in town where the lots are smaller, and did not feel that this issue should be disregarded. He felt that the maximum impervious surface coverage should be maintained, particularly in areas where the lots are only 50 feet in width. Mention was made that drainage is also impeded when impervious surface coverage is maximized in an area where there is a lack of open space. 'Mere is a vacant lot next to this property and Mr. Basnik felt that, if it wasn't vacant, the resident living there would be objecting to this proposal. Mr. Cassidy, seconded by Mr. Lannon, moved to grant a variation from Section 14.102.B.1 to allow a 4' separation between the garage and a room addition subject to the condition that 5/8" Class X drywall be installed in the existing garage, as per petitioner's Exhibit No. 1. Upon Roll Call: AYES: Lannon, Petrucelli, Cassidy, Brothers, Basnik NAYS: None Motion carried by a vote of 5-0. Mr. Petrucelli, seconded by Mr. Lannon, moved to grant the petitioner's request for a variation from Section 14.1102.E to allow 47.5% lot coverage as per Exhibit No. 1. Upon Roll Call: AYES: Lannon, Petrucelli, Brothers NAYS: Cassidy, Basnik Since 4 votes are needed for approval, the motion failed by a vote of 3-2. These recommendations will be forwarded to the Village Board for their consideration. Helen Giordano, Recording Secretary VILLAGE OF MOUNT PROSPECT PLANNING AND ZONING DEPARTMENT Mount Prospect, Illinois TO: GIL BASNIK, ZONING BOARD OF APPEALS CHAIRMAN FROM: PAUL BEDNAR, PLANNER, SUBJECT: ZBA-18-V-90, KEITH AND LAURY YOUNGQUIST LOCATION: 7 SOUTH EDWARD STREET DATE: MARCH 12, 1990 The applicants are requesting the following two variations: 1. Section 14.102.13.1 to allow a 4' separation between a new room addition and the existing detached garage. Code normally requires a 10' separation. 2. Section 14.1102.E to allow 47.5% of the lot to be covered with impervious surface instead of the maximum 45%. The Engineering Department notes that a grading plan must be submitted prior to any permit being issued. The existing drainage pattern must not be altered. The location of downspouts must conform to new Village ordinance. They also note that the applicant should check to see if the old septic tank or catch basin is in the way of the proposed addition. Inspection Services notes that building plans will be required. The interior of the garage should be lined with 5/8" Class X drywall for fire safety reasons, if this 4 foot separation is approved. No other comments or objections were received regarding this case. The Youngquist's live in an older single family neighborhood on a narrow but long lot. They have a 1500 square foot home which is typical of other homes in the neighborhood. A detached garage is located 26 feet away from the rear of the house, and at least 40 feet from the rear property line. The garage is in good condition. Besides the house, garage, and driveway, the rest of the property is open landscaped area with several large trees in the rear yard. The Youngquist's are proposing to add 775 square feet of living space to the rear end of the home. The configuration of the addition, as proposed, would come as close as 4 feet from the existing garage. Also, this room addition along with the 12' X 16' new patio will Gil Basnik - Page 2 ZBA-18-V-90 increase the total impervious surface on this lot to 47.5%. All other zoning requirements, such as Floor Area Ratio, yard setbacks, and building height are conforming. Code requires a 10 foot separation between detached structures such as garages and the principal home, mainly for light and air circulation and fire safety reasons. There are no encroachments into the 5 foot side yard. As evidenced by the site plan, the existing detached garage being located only 26 feet away from the home limits the size of any building addition if Code requirements are met. The petitioners should address the need for this size of addition. If the addition were approximately 600 square feet, it could probably meet the 10 foot separation requirement between the garage and the addition. It would also decrease the impervious surface to the maximum of 45%. An option of moving the garage further back on the property in order to open up more buildable area for a room addition, would require removing a large mature tree and cover more of the lot with impervious surface. As noted in the Village staff comments, neither the Fire Department nor Inspection Services have an objection to this 4 foot separation if the approval is conditioned upon the requirement of installation of fire -rated drywall in the existing garage. Similar requests for reduced separation between room additions and existing detached garages have been approved in the past several years. In these cases, the garage was located 26 feet from the house yet the homes were generally of smaller sizes. In summary, the Youngquists must address the proposed size and configuration of their addition. If this proposal is approved, we would recommend a condition be attached that fire -rated drywall be installed in the garage. Reducing the size of the addition could increase the separation between the house and the garage. The impervious surface coverage of the lot could be reduced to the Code maximum of 45% if either the addition size were decreased or the patio was eliminated. Since the garage is in good condition, and a large fir tree is located at the rear of the garage we would not recommend moving the garage back on the lot to open up more buildable space. CAF/ 4/12/90 ORDINANCE NO. AN ORDINANCE GRANTING VARIATIONS FOR PROPERTY COMMONLY --KNOWN AS 7 O^TT TH EDWARD STREET WHEREAS, Keith E. and Laury E. Youngquist (hereinafter referred to as Petitioners) have filed an application for variations from certain provisions of Chapter 14 of the Village Code of Mount Prospect, Illinois, for property commonly known as 7 South Edward Street (hereinafter referred to as Subject Property), legally described as: Lot 19 in Block 3 in Bussets Addition to Mount Prospect in the East 1/2 of Section 12, Township 41 North, Range 11, East of the Third Principal Meridian, in Cook County, Illinois and WHEREAS, Petitioners seek a variation from Section 14.102.B.1 of Chapter 14 of the Village Code Of Mount Prospect to permit a separation of four feet (41) between a room addition and an existing detached garage, instead of the required 10 foot separation, and a variation from section 14.1102.E to allow 47.5% impervious surface lot coverage, instead of the permitted 45%; and WHEREAS, a public hearing was held on the variation requested being the subject of ZBA Case No. 18-V-90 before the zoning Board of Appeals of the Village of Mount Prospect on the 22nd day of March, 1990, pursuant to due and proper notice thereof published in the Mount Proggect Herald on the 6th day of March, 1990; and WHEREAS, the Zoning Board of Appeals has submitted its findings and recommendation to the President and Board of Trustees of the Village of Mount Prospect and the President and Board of Trustees of the Village have given further consideration to the variations requested and have determined that the same satisfies the standards set forth in Section 14.605 of Article VI of Chapter 14 of the Village Code and the Board of Trustees further find that it would be in the best interests of the Village to grant the variations as specified herein. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: The recitals set forth hereinabove are incorporated herein as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: The President and Board of Trustees of the Village of Mount Prospect hereby grant the following variations for the Subject Property: 1. A variation from Section 14.1102.8.1 to allow a four foot (41) separation between a room addition and an existing detached garage; and 2. A variation from Section 14.1102.E to allow an impervious surface lot coverage of 47.5%. The Petitioner shall install a wood deck, rather than a patio at the rear of the proposed room addition. Said variations are granted subject to the installation of 5/81, Class "X11 drywall being installed in the existing garage. 91A WAM!m W�z I'M ZBA 18-V-90 Page 2 of 2 SECTION THREE:, Except for the variations granted herein, all other applicable Village of Mount Prospect Ordinances and regulations shall remain in full force and effect as to the Subject Property. SECTION FOUR* In accordance with the provisions of Section 3.4.604 of Chapter 14 of the Village Code, the variations granted herein shall be null and void unless permits are issued and construction begins within one (1) year from the date of passage of this Ordinance. SECTION FIVE: 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 _ '1990. Gerald L. �Farley Village President ATTEST: Carol A. Fields Village clerk viLLAGE OF MOUNT PROSPLCT PLANNING AND ZONING DEPARTMENT Mount Prospect, Illinois TO: JOHN F. DIXON, VILLAGE MANAGER FROM: PAUL BEDNAR, PLANNER SUBJECT: ZBA.19.V-90, JACK REITZ LOCATION: 1411 CIRCLE DRIVE DATE: MARCH 28, 1990 Mr. Reitz appeared before the Zoning Board of Appeals on March 22 to request the following two variations: 1. Section 14.102.B.4 to allow a 400 square foot accessory building (not a garage) instead of 120 square feet. This accessory building is proposed to be a workshop. 2. Section 14.102.13.3 to allow a maximum building height of 12' for an accessory building instead of 10'. Mr. Reitz has a modest -sized single family home with an attached one -car garage. He is proposing to construct a workshop structure in his rear yard. This structure meets all requirements of the Zoning Code except for the size and height. Mr. Reitz explained to the Zoning Board that he converted his attached garage to a workshop years ago. He now wishes to construct a separate workshop in the rear yard due to his wife's allergies to sawdust and varnish odors. He further testified that be has a hobby of furniture making and does not intend to ran a business out of this structure. Staff's main concern with this proposal is its intended use. It can only be used for a hobby and not a place of business in a residential district. The location of this workshop will be located in a similar area of the rear yard as garages on the adjoining properties, and will be the same height as those garages. Therefore, staff foresees no more of an impact on the neighborhood than if a garage were allowed. Some of the Board members discussed the possibility of eliminating the existing garage and building a new two -car garage in the rear yard. This idea is not possible for two reasons: 1. There is not enough room between the side of the house and the property line to put in a driveway leading to a new garage; and John Fulton Dixon - Pa&,- 2 March 28, 1990 2. Having the workshop in a separate structure is important when considering Mrs. Reitz' allergies. Mr. Reitz further explained that building a separate structure was cheaper than any addition to the house. The Board then voted unanimously 5-0 to grant variations provided that no business will be conducted from the premises and that the structure be used strictly as a place for an avocation and not a vocation. There were no neighbors in attendance to voice their concerns to this case. PB:hg Approved: David M. Clements, Director I- '=T, t I,,/ MINUTES OF THE REGULAR MEETING OF THE MOUNT PROSPECT ZONING BOARD OF APPEALS ZBA CASE NO. 19-V-90 190JIVIC00:13 Hearing Date: March 22, 1990 Jack and Wilma Reitz 1411 Circle PUBLICATION DATE: March 6, 1990 REQUEST: Variations from: Section 14.102.B.4 to allow a 400 square foot accessory structure instead of 120 square feet; Section 14.102.8.3 to allow a maximum building height of 12' for an accessory structure instead of 10'. ZBA MEMBERS PRESENT: ABSENT: Gilbert Basnik, Chairman Lois Brothers Ronald Cassidy Peter Lannon Len Petrucelli Robert Brettrager Marilyn O'May OBJECTORS/INTERESTED PARTTES: None Chairman Gil Basnik introduced this case as being a request to allow a 400 square foot accessory structure instead of 120 square feet and a maximum building height of 12' for an accessory structure instead of 10'. Mr. Jack Reitz, petitioner, presented his case stating that he and his family were the original owners and lived at 1411 Circle Drive for approximately 25 years. Their home is a raised ranch with a garage underneath. He further testified that several years ago he converted his garage to a workshop instead of using it to store his vehicle. He now wishes to construct a 400 square foot, accessory building in his rear yard, to use as a workshop. He proposes to build it 12 feet in height. His wife's allergy to sawdust and varnish odors in the past few years, precipitated the reason to move the workshop further from the house. He further testified that he has a hobby of furniture making and his present workshop is now over -crowded and he would now like to store his vehicle in a garage. He therefore is requesting to be permitted to build a 20' X 20' accessory building in the rear yard with a 6 foot double passage door so he could move furniture in and out. ZBA-19-V-90 March 22, 1990 Page 2 of 2 Paul Bednar, Planner representing the Village, reiterated that this is a ranch -type home with an attached one -car garage. He explained the Code requirement that a shed be a maximum of 120 square feet, and 10 feet in height. Since this structure cannot qualify for a garage, it must be interpreted as a shed and governed by those regulations. The structure meets all other Code requirements. He further noted that Code does not allow any businesses in a residential district, and the petitioner must be aware that, if his request is granted, he can only use this building for his hobby and not as a place of business. Mr. Bednar stated that this accessory building is proposed to be placed in a similar area as the adjoining garages, and the structure will be basically the same height as the garages. Therefore, the impact will be less than normally expected with a structure of this size. If the Zoning Board members recommend approval, Mr. Bednar suggested that they prohibit the installation of any overhead (garage -type) door for this structure. Mr. Cassidy questioned the logic of permitting such large accessory buildings. Discussion ensued regarding the possibility of eliminating the existing garage and using this structure as a garage. However, there would not be enough room for a driveway leading to this location. The issue of constructing an addition to the home was brought up and discussed. Mr. Reitz stated that having a separate structure is important considering his wife's allergies. Further, he felt that building a separate structure was cheaper than adding an addition to the home. Mr. Basnik noted that this structure was so far from the concept of a shed and that it would probably be very difficult to control the usage of this structure if it were sold. Mrs. Brothers, seconded by Mr. Lannon, moved to grant a variation from Section 14.102.8.4 in Case ZBA-19-V-90, to allow a 400 square foot accessory structure and Section 14.102.B.3 to allow a maximum building height of 12' for an accessory structure as per petitioner's Exhibit No. 1, provided that no business will be conducted from these premises, and the structure used strictly as a place for an avocation and not a vocation. Upon Roll Call: AYES: Lannon, Petrucelli, Cassidy, Brothers, Basnik NAYS: None Motion carried by a vote of 5-0. These recommendations will be forwarded to the Village Board for their consideration. Helen Giordano, Recording Secretary, ViLLAGE OF MOUNT PROSPECT PLANNING AND ZONING DEPARTMENT Mount Prospect, Illinois TO: GIL BASNIK, ZONING BOARD OF APPEALS CHAIRMAN FROM: PAUL BEDNAR, PLANNER'�� j`_P 56 SUBJECT: ZBA-19-V-90, JACK REITZ LOCATION: 1411 CIRCLE DRIVE DATE: MARCH 12, 1990 The applicant is requesting the following two variations: 1. Section 14.102.B.4 to allow a 400 square foot accessory building (not a garage) instead of 120 square feet. This accessory building is proposed to be a workshop. 2. Section 14.102.B.3 to allow a maximum building height of 12' for an accessory building instead of 10'. The staffs main concern is whether this building will be used to operate a business. Businesses are not allowed in residential districts. Inspection Services questions whether sanitary sewer and water is proposed for this building. Building permits will be required before any building occurs. Engineering Department notes that a grading plan must be submitted prior to building permits being issued. They also note that the existing driveway is wider, than the 15 foot width allowed by code for a single garage. If this driveway is ever replaced, the owner should be aware that a variation may be necessary. PIANNING AND ZONING COMMENT Mr. Reitz resides in a single family neighborhood on the south end of town. There is a modest -sized home with an attached one -car garage on a standard -sized lot. Mr. Reitz is proposing a 400 square foot accessory building/workshop, 12' tall, in his rear yard. The structure meets the required 5 foot setback from the property lines. Variations are required for both the size and height of this accessory structure. Code allows two detached accessory structures on a property, (one garage of 600 square feet in size and one accessory structure 120 square feet in size. Gil Basnik - Page 2 ZBA-19-V-90 The main question Mr. Reitz should address before the Board is what the intended use is for this structure. Businesses are not allowed in residential areas. If this is indeed a workshop for personal hobbies, then Mr. Reitz should address why it cannot be located in the house, and why it is to be 400 square feet in size. The neighbors on either side of this property already have detached 400 square foot garages similar to the structure proposed by Mr. Reitz. For this reason, this structure will not look out of place considering the neighboring properties. The total impervious lot surface coverage is approximately 35% when considering this new accessory structure. In summary, Mr. Reitz must understand that a business is not allowed in a residential area. If approved as a personal workshop, the structure size and setback from property lines, and the proposed height will not be out of character for the neighborhood, especially when considering the neighbors on either side. Lastly, should the Zoning Board recommend approval of the application, there should be a condition prohibiting the installation of an overhead door. PB:hg CAF/ 4/11/90 ORDINANCE NO. AN ORDINANCE GRANTING VARIATIONS FOR PROPERTY COMMONLY KNOWN _AS_1A11pS,ftCi�E WHEREAS, Jack and Wilma R. Reitz, (hereinafter referred to as Petitioners) have filed an application for variations from certain provisions of Chapter 14 of the Village code of Mount Prospect, Illinois, for property commonly known as 1411 Circle (hereinafter referred to as Subject Property), legally described as: Lots 255 in Elk Ridge Villa, Unit No. 5, being a subdivision in the Southwest 1/4 of Section 14, Township 41 North, Range 11 East of the 3rd Principal Meridian in Cook County, Illinois and WHEREAS, Petitioners seek variations from Section 14-102.B.4 to allow a 400 square foot accessory building, which shall be utilized as a workshop, instead of the maximum 120 square feet and a variation from Section 14.102.B.3 to allow a maximum building height of twelve feet (121) for an accessary building, instead of the permitted maximum height of 101; and WHEREAS, a public hearing was held on the variations requested being the subject of ZBA Case No. 19-V-90 before the Zoning Board of Appeals of the Village of Mount Prospect on the 22nd day of March, 1990, pursuant to due and proper notice thereof published in the Mount Prospect Herald on the 6th day of March, 1990; and WHEREAS, the Zoning Board of Appeals has submitted its findings and recommendation to the President and Board of Trustees of the Village of Mount Prospect and the President and Board of Trustees of the Village have given further consideration to the variations requested and have determined that the same satisfies the standards set forth in Section 14.605 of Article VI of Chapter 14 of the Village Code and the Board of Trustees further find that it would be in the best interests of the Village to grant the variations as specified herein. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE:. The recitals set forth hereinabove are incorporated herein as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: The President and Board of Trustees of the Village of Mount Prospect hereby grant to the subject property variations from Section 14.102.B.4 to allow a 400 square foot accessory building, instead of the maximum 120 square feet and a variation from Section 14.102.B.3 to allow a maximum building height of twelve feet (121) for an accessary building, instead of the permitted maximum height of 10'. The variations granted herein are subject to the condition that no business or occupation shall be conducted on the subject property as a result of the oversized shed being the subject of this Ordinance. SECTION THREE: Except for the variations granted herein, all other applicable Village of Mount Prospect Ordinances and regulations shall remain in full force and effect as to the Subject Property. SECTION FOUR: In accordance with the provisions of Section 14.604 of Chapter 14 of the Village Code, the variations granted herein ZBA 19-V-90 Page 2 of 2 shall be null and void unless permits are issued and construction begins within one (1) year from the date of passage of this Ordinance. SECTION FIVE: That the Village Clerk is hereby directed to record a certified copy of this Ordinance with the cook County Recorder of Deeds or the Registrar of Titles, whichever is applicable. SECTIO SI: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form, as provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of .1990• Gerald L. Farley ATTEST: Village President Carol A. Fields Village Clerk VILLAGE OF MOUNT PROSPECT PLANNING AND ZONING DEPARTMENT Mount Prospect, Illinois TO: JOHN F. DIXON, VILLAGE MANAGER FROM: PAUL BEDNAR, PLANNER SUBJECT: ZBA-21-V-90, KGS INDUSTRIES LOCATION: NWC OF HIGHLAND AND RAND ROAD (302 RAND ROAD) DATE: MARCH 28, 1990 The applicant appeared before the Zoning Board of Appeals on March 22, 1990. Originally proposed was a 7,870 square foot one-story strip center which has been amended to allow a 7,200 square foot building. The following variations are requested. 1. Section 14.2002.A. to allow an 18' front yard building setback instead of 30' (along Highland). 2. Section 14.2002.0 to allow a 10' rear yard building setback instead of 20'. 3. Section 14.2002.12 to allow 0' setbacks for parking instead of 20' when adjacent to residential and 30' when adjacent to a right-of-way (both Highland and Rand). 4. Section 14.30123 to waive the 12' X 35' loading zone space requirement. Two parcels of land are involved in this redevelopment proposal. One is the old Kentucky Fried Chicken site, the other being the adjacent vacant parcel. The property is zoned appropriately for commercial development. Adjacent land uses include the townhouse development to the west, single family to the south and commercial along Rand Road to the north. It is recognized that this parcel is an irregular shape which in itself creates a hardship to meet both the parking requirements and all setback requirements. For these reasons, the variations are requested. It was also indicated that other businesses along Rand Road currently provide little, if any, setbacks along the frontage. Therefore, in staffs opinion it is reasonable to allow some flexibility with the setback requirements for this piece of property. Commercial redevelopment on these parcels can be supported by staff. It was also noted that greater setbacks could be provided if: 1. the parking ratio were reduced to the Code requirement if 4 spaces per 1000 square feet instead of 4-1/2 per 1000 square feet as shown on the original plan; and 2. the size of the building were reduced An optional site plan was submitted to the Board by staff addressing some of our main concerns including the traffic flow, and increased buffering and landscaping on the site. Mr. Louis Cassover, representing KGS, presented a revised site plan to the Zoning Board showing a 7200 square foot building with similar setbacks to the staff generated site plan. Members of the audience voiced their concerns with this proposal. Most of the neighbor's comments were opposing the development based on: John Fulton Dixon - Page 2 March 28, 1990 1. the amount of traffic already existing on Rand Road; and 2. the fact that there is a small parking area proposed at the back of this building to be accessed by Highland Street, possibly by delivery trucks. Some neighbors opposed the project stating that there was no need for another commercial development in this area. The Zoning Board of Appeals discussed the proposed development and the requested variations at length. It was agreed upon that a commercial redevelopment was permitted by right in this district, however, some safeguards to the surrounding neighborhood had to be addressed. The main concern the Zoning Board had with this proposal was the small parking area located to the rear of the building off Highland Street. Some members of the Board wanted to see this eliminated by either reducing the size of the building accordingly and/or putting some additional parking spaces in front. Other members were mainly concerned that no deliveries would be made to the rear of this building, thereby, lessening the impact on the neighborhood. It was agreed by most members that the unique circumstance, that being the irregular shape of the lot, was a hardship and therefore, some variation to the setback requirements was in order. The Zoning Board then considered a number of conditions be attached to any site plan approval including: 1. A revised landscape plan approved by the staff; 2. The dumpster must be enclosed with a fence or a wall and be located so as not to impact the townhouse neighbors; 3. Face brick be required around the entire building, no roof top mechanicals being visible; 4. A 6 foot high board on board fence be installed at the rear of the property; and 5. Uses in the center be limited to retail only. The Zoning Board of Appeals then voted 2-3 denying the requested variations. The dissenting Board members advised the petitioner that if be were to eliminate the parking area and possible delivery area to the rear of the store, by adding more spaces in front and/or reducing the size of the building, that this would alleviate their major concerns. There was also the opinion that the developer was trying to build too large a structure on this small, irregular -shape parcel. Approved: David M. Clements, Director MINUTES OF THE REGULAR MEETING OF THE MOUNT PROSPECT ZONING BOARD OF APPEALS ZBA CASE NO. 21-V-90 Hearing Date: March 22, 1990 PETITIONER: KGS Industries SUBJECT PROPERTY: 301 E. Rand (Comer of Highland & Rand) PUBLICATION DATE: March 6, 1990 REQUEST- Variations from: Section 14.2002.A to allow an 18' front yard building setback instead of 30' (along Highland); Section 14.2002.0 to allow a 10' rear yard building setback instead of 20'; Section 14.2002.13 to allow 0' setbacks for parking instead of 20' when adjacent to residential and 30'when adjacent to a right-of- way (both Highland and Rand); Section 14.3012.8 to waive the 12' X 35' loading zone space requirement. ZBA MEMBERS PRESENT: 0 Gilbert Basnik, Chairman Lois Brothers Ronald Cassidy Peter Lannon Len Petrucelli Robert Brettrager Marilyn O'May OBJECTORS/INTERESTED PARTIES: Several Chairman Basnik introduced ZBA Case 21 as being an application by KGS Industries for variation of front and side yard requirements along Rand Road and Highland Avenue, and the rear yard requirement, the request also includes a waiver of the loading space requirement. Mr. Paul Bednar, Planner for the Village, was sworn in, by Chairman Basnik prior to his testimony. Mr. Bednar summarized in further detail the request for the Zoning Board of Appeals. He indicated that this site is the location of the former Kentucky Fried Chicken building and a vacant lot north of the Kentucky Fried Chicken site. He said the combined area of these two parcels is approximately 33,000 square feet. Mr. Bednar stated that the property is zoned a B-3 Commercial District and the Comprehensive Plan indicates commercial or retail as being desirable at this location. ZBA-21-V-90 March 22, 1990 Page 2 of 5 He also described the surrounding uses of the subject site and stated that, with redevelopment of this property, all zoning and Development Code modifications would have to be met. This would include parkway trees, sidewalks, and storm water detention requirements. Mr. Bednar stated that the Planning and Zoning staff supports the redevelopment of this site, but indicated that, due to the unique nature in size of the property, certain variations of yard requirements are necessary. Mr. Bednar noted that flexibility is important when looking at yard requirements on an irregular-shaped parcel, such as this; but that the staff notes that certain revisions could be made to the plan to help minimize the variations and perhaps provide a better design. Mr. Bednar indicated that he had distributed a slightly revised site plan to Zoning Board members that he had discussed with the petitioner, and that he anticipates the petitioner will address. Mr. Bednar stated that this redesign reduces the variations on Highland Avenue and Rand Road and slightly reduces the size of the building. Mr. Bednar concluded in stating that, should the Zoning Board recommend approval of the request, he suggests that there be the following conditions: 1. A 6 foot board -on -board fence be installed at the rear of the property. 2. The shopping center be designed with all face brick construction on all four sides . 3. There be no roof -type mechanical equipment visible; 4. The parking be designed at a rate of 4 spaces per 1,000 rather than 4-1/2 spaces per 1,0000 and that there be a limitation to only permit retail uses in the center. Mr. Louis Cassover then introduced himself to the Zoning Board as the project architect. Mr. Cassover indicated that the project had been revised several times pursuant to discussions with the Planning and Zoning Department; and that the petition was submitted with a plan depicting a 7,800 square foot building. The architect presented a revised plan that showed the building size reduced to 7,200 square feet, which increased setbacks along Rand Road and Highland. He indicated that this is close to the staff generated design and that he believes this demonstrates sensitivity to the unique shape of the parcel. Chairman Basnik asked for the number of stores that would be anticipated in this development. Mr. Cassover indicated that there could potentially be seven 1,000 square foot retail stores in the development. Mr. Basnik asked if the property had been pre -leased and the architect indicated that there are no leases presently for the center. Mr. Cassover indicated that typical tenants would be retail tenants or service oriented uses, such as, cleaners or a small paint store or hardware store. Chairman Basnik then asked for comments from the audience. Mr. Fred Hejduk, 604 Wilshire Drive indicated that he opposes the shopping center plan. He questioned the ZBA-21-V-90 March 22, 1990 Page 3 of 5 demand for more stores in this area along Rand Road, and indicated that traffic on Rand Road is at high volumes, and that the intersection of Highland and Rand is dangerous with heavy congestion. Mr. Petrucelli noted that the property is currently zoned commercial and asked Mr. Hejduk what he would anticipate is a better development for this commercial site. Mr. Hejduk did not indicate a preferred development. Mr. George Lieder, 401 Highland, indicated that he believed there were too many stores proposed for this plan and that this would generate too much traffic in the area. Joe Mathews, 607 North Maple Court, indicated a concern about the design, but stated that the plan was better than the Kentucky Fried Chicken building. He objected to the number of variations with the request and stated that the commercial building is too close to the Maple Court Townhomes. Mr. Petrucelli questioned how far the townhome building is from the property line and Mr. Mathews indicated he believed it was approximately 20 feet Mr. Lannon asked if an 8 foot fence might solve some concerns of the townhome owners and Mr. Mathews indicated that an 8 foot fence would help. The Zoning Board of Appeals generally discussed the parking at the rear of the building adjoining the townhomes and indicated a concern about the dumpster and the loading area at the rear of the property. Mr. Basnik stated that such a design could only be accessible by traffic eastbound on Highland Avenue, and that this parking area could generate more traffic in the adjoining residential neighborhoods than current volumes. Mr. Bednar indicated that he believed this parking area was designed for "employee only" parking but that this would be difficult to monitor. Mr. Petrucefli asked if the loading area could be located elsewhere on the site, and Mr. Bednar responded that it could possibly be placed in front of the building at the northern edge of the property. Mr. Basnik stated that he did not like the driveway location on Highland Avenue. Mr. Cassidy pointed out that the Kentucky Fried Chicken had two curbcuts on Highland for some time. Mr. Tom Ziegenftiss, a nearby property owner, objected to the driveways on Highland Avenue because of a concern about increased traffic. He also believed that this driveway location would increase truck traffic in the neighborhood. Mr. David Hacker, 600 Windsor Drive, had a concern for any potential 24 hour businesses in the center. He also pointed out that the intersection of Highland and Rand is very dangerous. Michael Wexler, 606 Windsor Drive, noted that access in and out of the proposed site is difficult and that he thought it would be a difficult turning movement for retail customers coming to the center. He also pointed out that it is extremely difficult exiting Highland ZBA-21-V-90 March 22, 1990 Page 4 of 5 Avenue at Rand Road, and that this development might make that condition worse. He pointed out that the property has an unusual shape and that it is difficult to develop and he suggested that it not be necessary that every property in the community be redeveloped, and perhaps, this property could be acquired for a park for the children in the nearby townhomes. Janet Hacker, 600 Windsor, stated that she had witnessed many accidents at Highland and Rand and indicated a preference for a single user building on this site. Mr. Cassover briefly addressed comments from adjoining property owners and stated that he did not believe this development would generate significant traffic on Highland, and that it is oriented to Rand Road. Larry Gold, one of the partners of KGS Industries, stated that the shopping center had originally been designed at 9,000 square feet and that through discussions with staff, the size had been'reduced several times. He indicated that they have cooperated as best they could with staffs attempts to minimize variations, but that the project is very nearly at the minimal size for any economic return from the development. The Zoning Board generally discussed the request, and Mr. Basnik indicated a preference for a single user, rather than the potential of 7 small stores on the site. Mr. Gold stated that the number of stores in the center would ultimately depend on final leasing, but that 7 would be a maximum and that there could conceivably be less, depending on the square foot needs for tenants. Mr. Lannon pointed out that this parcel has an irregular shape and that he saw advantages to redeveloping the former Kentucky Fried Chicken site with the vacant parcel to the north. He stated that assembling the sites for redevelopment is the best approach, and that this plan is a reasonable redevelopment for the area. He indicated that the small shopping center would not generate any traffic in a residential neighborhood and that the only reasonable use of the property would be for development with commercial. Mr. Petrucelli indicated a concern only for the loading area behind the shopping center off of Highland Avenue, and stated that he would like to see if there could be some change made in that location. Mr. Lannon noted that the petitioner had already reduced the size of the shopping center twice and that this helps to minimize the variations necessary with the site. He also pointed out that there are already refuse trucks in the single family neighborhoods serving those residents, and that providing service to the shopping center, would not increase truck traffic in the neighborhood. He also indicated that the four parking spaces behind the building would not be a, problem for the area. He stated that the property is zoned commercial, and that combining the sites for a larger scale redevelopment is the best approach. Mr. Basnik indicated that perhaps the petitioner was attempting to over -build an irregular- shaped lot, and noted that if the property had a more regular shape, it would be easier to develop and might not necessitate so many variations. ZBA-21-V-90 March 22, 1990 Page 5 of 5 The Zoning Board of Appeals generally discussed the alternative site plan submitted by the petitioner and noted that this helps reduce the variations on Highland Avenue and Rand Road, but felt the parking and driveway on Highland Avenue behind the shopping center might have an adverse effect on the neighborhood. Mr. Basnik asked how the Zoning Board might choose to proceed and it was determined that they would review the alternative plan submitted by the petitioner which was noted as Exhibit No. 1. This plan depicted a 22 foot building setback and a 10 foot parking setback on Rand Road, a zero foot parking setback on the northerly parking bay on Rand Road, and 16 foot parking setback for the southerly parking bay on Rand Road. Mr. Basnik asked for a motion on the revised plan and Mr. Lannon moved that the plan be approved with the conditions noted by the staff as to fencing, all face brick construction, no roof -type mechanical equipment, and a limitation on retail uses only with no restaurants. The motion was seconded by Mr. Petrucelli. Upon Roll Call: AYES: Lannon, Cassidy NAYS: Petrucelli, Brothers, Basnik Mr. Petrucelli stated his negative vote was due to a concern about the parking and driveway on Highland Avenue and felt that, if the shopping center size could be reduced and this parking be relocated, he would support the plan. Mr. Basnik stated his no vote was because he believed the petitioner was over -building this irregular shaped site. Motion denied by a vote of 2-3. This recommendation will be forwarded to the Village Board for their consideration. &WA M. Uhyj/� David M. Clements, Recording Secretary 0 k 0 1 0 . I # MROW—NN11 4 rV.1il -&A w. a Ulm 07if, zTT v -71-777-M TO: GIL BASNI& ZONING BOARD OF APPEALS CHAIRMAN FROM: PAUL BEDNAR, PLANNER 7pi SUBJEC`r- ZBA-21-V-911, KGS INDUSTRIES LOCATION: NWC OF HIGHLAND AND RAND ROAD (302 RAND ROAD) DATE: MARCH 16,19" REOVE The applicant is proposing a 7,870 square foot, one-story strip center and requests the following variations: 1. Section 14.2002.A to allow an 18' front yard building setback instead of 30' (along Highland). 2. Section 14.2002.0 to allow a 10' rear yard building setback instead of 20'. 3. Section 14.2002.E to allow W setbacks for parking instead of 20' when adjacent to residential and 30' when adjacent to a right-of-way (both Highland and Rand). 4. Section 14.3012.11 to waive the 12' X 35' loading zone space requirement. VILLAGE UAEE COMMM The following comments were submitted by various departments: 1. It is noted that the traffic on Highland at this location is one-way westbound, Highland Avenue is a half street. 2. The parking lot layout off of Highland is very awkward. Only 3 to 4 stalls are actually usable. The one-way traffic flow on Highland makes this area virtually unusable. 3. With no loading space designated on the site, delivery trucks will block the parking tot aisle in front of ~the ding. 4. Any driveway widths should be 24 feet wide for two-way traffic. 5. An I.D.O.T. permit will be required for all work done along Rand Road. Gil Basnik - Page 2 ZBA-21-V-90 6. Parking stalls should be a minimum of T wide by 16.5' long with a 1.5' overhang. The plans show a 15' length with a 3' overhang. 7. On-site water detention will probably be required. The Engineering Department will determine this after reviewing engineering plans. 6. Full right-of-way improvements will be required on both Rand Road and Highland Street, including but not limited to sidewalks, street lights and street trees. 7. The plat of subdivision shows a 10' easement between what is now Lot 1 and Lot 2, whereas the applicant's plat of survey does not indicate this. It is unclear whether any utilities are located in this easement or not. The building will not be allowed to be built upon an easement. If an easement exists, it will have to be vacated and any utilities located in it will have to be relocated 8. Village water is available on the south side of Highland at Elm Street. 9. Sewers are available along Highland. 10. The sanitary sewer stub will go to a 30" line on Highland Avenue. An M.S.D. permit will be required. 11. Full engineering plans and grading plans are required. 12. The Fire Department notes that this layout causes difficult apparatus maneuvering. 14. Development guarantees and fees are required. Both the Development Code and Building Code must be followed. PLANNING AND Z,0rflNGf The petitioner is proposing a small strip center redevelopment on two parcels of land, one which was an old Kentucky Fried Chicken site, the other being an adjacent vacant parcel. The entire property is zoned B-3 which allows for commercial development. Adjacent uses include a multi -family townhouse development to the west, single family to the south and east, and other commercial users north on Rand Road. The Comprehensive Plan identifies this parcel as being best suited for general coinmdreial/office. These two parcels combined form an irregular-shaped lot. As a result of the proposed redevelopment, all zoning and Development Code regulations must be met or variations must be granted. The previous Kentucky Fried Chicken development did not meet the setbacks along Rand or Vighland that would be required today. Other commercial properties Rand -Road do not meet today's requirements of setback along Rand Road. The office building directly north of this proposal is well short of required parking and, in fact, has used the vacant parcel for parking at rimes. Gil Basnik - Page 3 ZBA-21-V-90 It should first be noted that Planning and Zoning supports a redevelopment on these parcels. However, when reviewing this particular site plan, we have some concerns. We understand that the irregular-shaped property creates a hardship in itself to be able to meet both parking requirements and all setback requirements. Also considering the fact that other businesses along Rand Road currently provide little, if any, setbacks along the frontage, it is reasonable to allow some flexibility. Even so, it appears as though greater 4 setbacks could be provided if`. 1. The parking ratio reduced to the Code requirement for retail uses of 4 spaces per 1000 square feet instead 4 1/2 spaces per 1000 square feet, as shown. 2. The size of the building were reduced. We are in the process of designing optional site plans that we will present to the Board for your review at the hearing. It is our opinion that these staff generated alternatives Will address our main concerns including ft-affic flow, increased buffering and landscaping on the site. We cannot support the site plan submitted without some refining to correct these issues. In addition to these main concerns, we would recommend a number of conditions be attached to any revised site plan approval including: 1. The landscape plan must be revised and approved by staff. 2. The dumpster as shown is located very close to the townhouse development. It should be relocated and enclosed with a fence or wall. 3. Face brick should be required around the entire building use of the close proximity to residential at the rear. No roof -top mechanicals should be visible. 4. A 6 foot high board -on -board fence should be installed by the developer along the rear of the property. 5. The uses in this center should be limited to retail only. In summary, we can support a commercial redevelopment on this property if the site plan is revised to alleviate our concerns. One of the standards for a variation states that a hardship has been caused by unique circumstances, such as, an irregular-shaped lot. This particular lot being odd -shaped makes it difficult to meet all the setback requirements and therefore, some flexibility in these regulations is reasonable. By decreasing the building size and reducing the provided parking ratio to 4 spaces per 1000, we believe the plan will be more acceptable. PB:hg CAF/ 4/12/90 ORDINANCE NO. AN ORDINANCE GRANTING VARIATIONS FOR PROPERTY COMMONLY KMWNOWN 301 EAST EM9 &OAD WHEREAS, KGS Industries (hereinafter referred to as Petitioner) has filed an application for variations from certain provisions of Chapter 14 of the Village Code of Mount Prospect, Illinois, for property commonly known as 301 East Rand Road (hereinafter referred to as Subject Property), legally described as: Lots 1 and 2 in Maplecrest Subdivision, being a subdivision of part of the Northeast Quarter of Section 34, Township 42 North, Range 11, East of the Third Principal Meridian, Cook County, Illinois and WHEREAS, Petitioner seeks variations as follows: 1. Section 14.2202.A to allow an eighteen foot (181) front yard building setback, instead of the required 301 along Highland Avenue; 2. Section 14.2002.0 to allow a ten foot (101) rear yard building setback, instead of the required 201; 3. Section 2002.E to allow zero foot (01) setbacks for parking, instead of the required 201 when adjacent to residential and the required 301 when adjacent to a right-of-way (Highland Avenue and Rand Road) 4. Section 14.3012.B to waive the required 121 x 351 loading space. WHEREAS, a public hearing was held on the variations requested being the subject of ZBA Case No. 21-V-90 before the Zoning Board of Appeals of the Village of Mount Prospect on the 22nd day of March, 1990, pursuant to due and proper notice thereof published in the Mount Prognect Herald on the 6th day of March, 1990; and WHEREAS, the Zoning Board of Appeals has submitted its findings and recommendation to the President and Board of Trustees of the Village of Mount Prospect and the President and Board of Trustees of the Village have given further consideration to the variations requested and have determined that the same satisfies the standards set forth in Section 14.605 of Article VI of Chapter 14 of the Village Code and the Board of Trustees further find that it would be in the best interests of the Village to grant the variations as specified herein. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: The recitals set forth hereinabove are incorporated herein as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: The President and Board of Trustees of the Village of Mount Prospect hereby grant the following: 1. A variation from Section 14.2002.A to allow a twenty-two foot (221) front yard building setback along Highland Avenue, 0 ZBA 21-V-90 Page 2 of 2 2. A variation from Section 14.2002.0 to allow a ten foot (101) rear yard building setback; 3. A variation from Section 2002.E to allow ten foot (10') parking lot setback on Highland Avenue and a zero foot (01) setback on Rand Road; 4. A variation from Section 14.3012.8 to waive the required 121 x 351 loading space. SECTION THREE: That the variations granted in this Ordinance are subject to the following conditions: 1. To permit the construction of a commercial building 7,200 square feet in size, subject to the condition that no more than five (5) tenants be permitted to rent space in the subject building, in accordance with the Site Plan attached hereto and hereby made a part hereof as Exhibit "A". 2. A revised landscape plan shall be submitted for approval by the Department of Planning and Zoning. 3. The dumpster must be enclosed with a fence or landscaping and be located so as not to be prominantly visible from adjoining residential properties. 4. Face brick will be installed on all sides of the building and roof top mechanical equipment shall be screened. 5. A six foot (61) board -on -board fence shall be installed at the rear of the property. 6. Uses in the center shall be retail only, with no restaurants or 24 hour operations. SECTION FOUR: Except for the variations granted herein, all other applicable Village of Mount Prospect Ordinances and regulations shall remain in full force and effect as to the Subject Property. SECTION FIVE: In accordance with the provisions of section 14.604 of Chapter 14 of the Village Code, the variations granted herein shall be null and void unless permits are issued and construction begins within one (1) year from the date of passage of this Ordinance. SECTION SIX: 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 '1990. Gerald L. Farley ATTEST: Village President Carol A. Fields Village Clerk F z O. P, �f. h `' moo, Q4 1 Fj di d] 42- V 3 A 0�1 t�aitD fE�l ` of ''cam' f-JlVrj;4 ?AIZV-iW4 4 Al¢O-A f¢oPA Nk � � N Alf ifs. \lGYiUF- VILLAGE OF MOUNT PROSPECT PLANNING AND ZONING DEPARTMENT Mount Prospect, Illinois TO: JOHN F. DIXON, VILLAGE MANAGER FROM: PAUL BEDNAR, PLANNER SUBJECT: ZBA-22-V-90, P.N.B. FINANCIAL CORPORATION LOCATION: NORTHWEST CORNER OF ELMHURST RD. AND MIDWAY DR. DATE: MARCH 28, 1990 Park National Bank is proposing to build a new banking facility on this vacant 3.4 acre site. Representatives from Park National Bank presented their case before the Zoning Board of Appeals on March 22. They are requesting the following variations: 1. Section 14.2002 to allow a parking lot and driveway aisle setback of 0' instead of 30' as required along Midway Drive (a 6' setback is provided for most of the parking lot). 2. Section 14.2004 to allow a maximum building height of 35'6", not including the light well, whereas 30' is the maximum allowed by code. Mr. Don Anderson of Park National Bank gave Board members some of the bank's background in this area. He further stated that they are proposing to build a new facility upon this property and are requesting two variations in order to do so. Presently, the parcel is a vacant 3.4 acre site zoned B-3 allowing for such a use. Their neighbors are the Auto Care Mall, Charlie Club, and Zanies Comedy Club. Currently, there is a temporary banking facility on this property that will be removed when the permanent building is completed. The first variation discussed reflects the parking lot setback along Midway Drive as evidenced on the submitted site plans. Mr. John Clarke, the architect for this facility, explained the difficulties in meeting the 30 foot setback along Midway Drive. He also submitted an alternative site plan which by revising the parking layout from 90 degrees to angle parking, he is able to provide at least a 10 foot setback along the Midway Drive property line. This revised plan addresses comments made in the staff memo. It was also mentioned that Park National Bank has provided very generous setbacks at the front and rear of the property, resulting in in much more open space provided, than the surrounding commercial users. John Fulton Dixon - Page 2 March 28, 1990 The second variation regarding the building height at the entrance was explained to the Board by Mr. Clarke. Only at the octagonal -shaped entrance lobby will the height of the building be 35 1/2 feet. The bulk of the building will meet the 30 foot maximum height. The Board members discussed the issues and generally agreed that the building height variation was insignificant and the setback variation would be acceptable, with either the original or the alternate site plan. The Board then voted unanimously 5-0 to approve both variations, subject to Park National Bank representatives discussing the alternative site plan with staff. There were no objectors present at this hearing regarding this case. Subsequent to this Zoning Board hearing, the Park National Bank's representatives have indicated their willingness to submit the alternate site plan showing a minimum 10 foot setback along Midway Drive. PB: hg Approved: David M. Clements, Director &196 LH1E e..u.N ■gav ATION PAST fI/YATION NEW BANKING FACILITY /I�k -am ma fim � 4!E PLAN 13 § & § ■ MINUTES OF THE REGULAR MEETING OF THE MOUNT PROSPECT ZONING BOARD OF APPEALS ZBA CASE NO. 22-V-90 12:010030:113 SUBJECT PROPERTY: Hearing Date: March 22, 1990 P.N.B. Financial Corporation 2100 South Elmhurst Road PUBLICATION DATE: March 6, 1990 REQUEST: Variations from: Section 14.2002 to allow a parking lot and driveway aisle setback of 0' instead of 30' as required along Midway Drive (a 6' setback is provided for most of the parking lot); Section 14.2004 to allow a maximum building '- building height of 35'6", not including the light well, whereas 30' is the maximum allowed by code. KWEN kv) I:Ikvj 100 ',4M 9,9*10w' 1V Gilbert Basnik, Chairman Lois Brothers Ronald Cassidy Peter Lannon Len Petrucelli, Robert Brettrager Marilyn O'May OBJECTORS/INTERESTED PARTIES: None Chairman Basnik introduced the variation request filed by Park National Bank and indicated that the petition was filed for variations of the front yard requirement on Midway Drive and the building height. Mr. Don Anderson introduced himself as a representative of Park National Bank from 2958 North Milwaukee Avenue in Chicago, Illinois. Mr. Anderson indicated that Park National Bank is celebrating their 40th Anniversary in Chicago and that this would be their first suburban location. Mr. Anderson stated that the bank currently operates a temporary facility at this location and that this would be removed upon completion of the new structure. He stated that the proposed bank building is of,a good design and sensitive to --the-character okurroundin&properties. -He4ndicated that -the bank is set back sub"utially from Elmhurst Road with a landscape retention pond in front providing an attractive entryway. With a mounted site plan, Mr. Anderson then described the parking on site, traffic circulation, and a landscape plan. He indicated that the request was filed because the 30 foot parking lot setback on Midway Drive could not be met He demonstrated that this was ZBA-9-V-90 January 25, 1990 Page 2 of 3 a function of the width of the lot and indicated that as much setback as possible is being provided. Concerning the height variation, he stated that the only location the building height exceeds the ordinance requirement is at the main entrance, and this is because of the decorative atrium type feature at the main door. Mr. Anderson stated that, in his opinion, this bank is compatible with the area and would enhance `surrounding uses and, in all likelihood, would become an attractive addition for this part of Mount Prospect. Mr. Paul Bednar then summarized the staff report for the Zoning Board and indicating that the property is zoned commercial and that this development meets the Comprehensive Plan. He described surrounded uses and made reference to the 30 foot setback requirement on Midway Drive. He stated that the proposed setback is 6 feet for most of the length at Midway Drive and reduced at the cul-de-sac bulb. Mr. Bednar stated that the setback could be increased by shifting the entire parking lot north and eliminating proposed parking spaces on the east/west driveway. Mr. Bednar pointed out that other uses in this vicinity do not meet our current setbackrequirements, but that Park National Bank is providing setbacks and landscaping far in excess of surrounding uses. He indicated that this is a good design. Mr. Bednar stated that the staff has no objections to the minor height variation at the main entrance and that this request is similar to the height variation granted to the nearby Dempster Development Center.'` Mr. Basnik questioned the necessity of the cul-de-sac at the west end of Midway Drive and asked if this could be eliminated to possibly open up the setback at that point. Mr. Lannon stated that, perhaps this could be vacated and that it does not seem to have any real purpose. Mr. Lannon and Mr. Basnik indicated that this was a good plan and an excellent building design, and that they appreciated' having such a good product to review at the public hearing. Architect John Clarke, 716 N. Wells, Chicago, Illinois, briefly stated that a revised, plan had been prepared that depicted angle parking in the parking lot and that this works to increase the landscape setback and reduce the variations.. He stated that the bank believes that this angle parking works well, and that this re -design helps meet some of the concerns of the staff. He stated that he believes the bank is an attractive design, and the good design and the landscape retention pond on Elmhurst Road will be a quality development at this location. The Zoning Board of Appeals generally discussed the plan and indicated a consensus for -they.design,and=architectaural features -of the bank. The Zoning Board-indicated.that they believe the original site plan and proposed variations were reasonable, but also endorsed a revised plan submitted by the project architect in an effort to increase the setbacks. Accordingly, Chairman Basnik asked for a motion on the request. Mr. Petrucelli moved that the variations for setback requirements on Midway Drive and the building height be approved. The motion was seconded by Mr. Lannon. ZBA-9-V-90 January 25, 1990 Page 3 of 3 Upon Roll Call:. AYES: Lannon, Petrucelli, Cassidy, Brothers, Basnik NAYS: None Motion carried by a vote of 5-0, This recommendation will be forwarded to the Village Board for their consideration. Mr. Lannon indicated that he would ask the staff and Village Board to consider vacating the north half of the cul-de-sac to further increasing landscaping at this location. David M. Clements, Recording Secretary VILLAGE OF MOUNT PROSPECT PLANNING AND ZONING DEPARTMENT Mount Prospect, Illinois TO: GIL BASNIK, ZONING BOARD OF APPE CHAIRMAN FROM: PAUL BEDNAR, PLANNER SUBJECT: ZBA-22.V.", P.N.B. FINANCIAL CORPORATION LOCATION: NORTHWEST CORNER OF ELMHURST RD. AND MIDWAY DR. DATE: MARCH 14, 1990 Park National Bank is requesting the following variations in order to construct a new banking facility on this property. 1. Section 14.2002 to allow a parking lot and driveway aisle setback of 0' instead of 30' as required along Midway Drive (a 6' setback is provided for most of the parking lot). 2. Section 14.2004 to allow a maximum building height of 35'6", not including the light well, whereas 30' is the maximum allowed by code. VILLAGE STAFF COhMNTS The following comments were submitted by staff: 1. The Police Department suggests that the Bank contact the Crime Prevention Department regarding security concerns. 2. Both Engineering and Inspection Services Department recommend that access off of Midway Drive be limited to two locations only. Another option is to make the east drive an entrance only and the furthest west drive an exit only. Curbs at the west drive shall be depressed for handicapped access. 3. --Both Engineering and Fire Department ; -note that the drive-through by-pass lane along the north property line is on the Village easement. The Fire Department suggests that the width of this by-pass lane be 12 feet. If the by-pass lane is located on the easement as shown, any damage done to the parking lot as a result of utility work, will not be the Village's responsibility. There is an existing 24" sanitary sewer in this easement, Gil Basnik - Page 2 ZBA-22-V-90 4. There is an existing Village storm sewer on Midway Drive. An I.D.O.T. storm sewer is located on Elmhurst Road. An I.D.O.T. permit will be required for connection. 5. The existing sanitary service to the trailer is in the same location as the proposed detention basin. Engineering Department wants the representatives to explain what will be done with this service after the permanent structure is built. M.S.D. permits will be required. 6. Detention will be required. The total site shall drain to the detention basin. The Engineering Department questions how the detention will be installed prior to the Certificate of Occupancy for this building if the temporary trailer is located in the location of the basin. 7. There is an 8" watermain on Midway Drive. The existing water service will be shut off at the main. 8. A sidewalk is not required west of the bulb on the Midway cul-de-sac. If a walk is desired, it should be placed on Park National Bank property. 9. Driveways shall have a 2" galvanized conduit buried 24" below grade for a street light cable. 10. Any grade changes for berms must be shown on the engineering plans. 11. All Development Code and Building Code requirements shall apply. Full engineering drawings are required. PLANNING AND ZONING COMMENTS Park National Bank Corporation wants to build a banking facility on this vacant 3.4 acre parcel. This property is zoned B-3 which allows for the proposed use. The surrounding uses include the Auto Care Mall to the north, Charlie Health Club to the west, and Zanies Comedy Club to the south. All the surrounding parcels are also zoned commercial. The Comprehensive Plan identifies this parcel, as well as all the surrounding parcels, as being best suited for general commercial/office. Park National Bank is currently operating a temporary banking facility on this property. This trailer will be removed within the year as the permanent building is completed. Two variations to the Zoning Code requirements are requested as part of this proposal. -The first Tariation to'bediscussed reflects the -parking tot'setback along Midway Drive. The proposed site plan shows an east/west parking lot aisle 6 feet from the Midway Drive right- of-way line. The parking lot setback is as close as zero feet at the western -most driveway. As evidenced by the site plan, the bulk of the parking lot is set back 22 feet from Midway Drive. 071. .owotu s'qI a! 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AN ORDINANCE GRANTING VARIATIONS FOR PROPERTY 90MONLY KNOWN AS 20.S E O WHEREAS, P.N.B. Financial Corporation (hereinafter referred to as Petitioner) has filed an application for variations from certain provisions of Chapter 14 of the Village Code of Mount Prospect, Illinois, for property commonly known as 2100 South Elmhurst Road (hereinafter referred to as Subject Property), legally described as: That part of Lot 2, lying East of a line 212.0 feet, as measured along the North line thereof, East of and parallel with the West line of said Lot 2 and lying North of the North line of Midway Drive and said North line of Midway Drive extended West to said last described parallel line, (excepting therefrom that part of said Lot 2, beginning at the North West corner of heretofore dedicated Midway Drive; thence West along an extension of the North line of said heretofore dedicated Midway Drive, 85.95 feet; thence Northeast, East and South East along a curved line convexed to the North and having a radius of 54.0 feet, an arc distance of 99.41 feet to the point of beginning) in Northway Investment Subdivision of the North 480 feet of the East 931.35 feet (as measured parallel to the North and East lines thereof) of the South East 1/4 of the South East 1/4 of Section 23, Township 41 North, Range 11, East of the Third Principal Meridian, Cook County, Illinois and WHEREAS, Petitioner seeks variations from Section 14.2002 to allow a parking lot and driveway aisle setback of zero feet (0'), instead of the required 301 along Midway Drive, and a variation from Section 14.2004 to allow a maximum building height of thirty-five feet six inches (351 611), not including the light well, instead of the maximum permitted height of 301; and WHEREAS, a public hearing was held on the variations requested being the subject of ZBA Case No. 22-V-90 before the Zoning Board of Appeals of the Village of Mount Prospect on the 22nd day of March, 1990, pursuant to due and proper notice thereof published in the outLt Prospect Herald on the 6th day of March, 1990; and WHEREAS, the Zoning Board of Appeals has submitted its findings and recommendation to the President and Board of Trustees of the Village of Mount Prospect and the President and Board of Trustees of the Village have given further consideration to the variations requested and have determined that the same satisfies the standards set forth in Section 14.605 of Article VI of Chapter 14 of the Village Code and the Board of Trustees further find that it would be in the best interests of the Village to grant the variations as specified herein. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: The recitals set forth hereinabove are incorporated herein as findings of fact by the President and Board of Trustees of the Village of Mount Prospect. SECTION TWO: The President and Board of Trustees of the Village of Mount Prospect hereby grant the following: 1. A variation from Section 14.2002 to allow a parking lot and driveway aisle setback of ten feet (101) along Midway Drive. ZBA 22-V-90 Page 2 of 2 2. A variation from Section 14.2004 to allow a maximum building height of thirty-five feet six inches (351 611), not including the light well. p_F CTIONTHREE- Except for the variations granted herein, all other applicable Village of Mount Prospect ordinances and regulations shall remain in full force and effect as to the Subject Property. _sEcTioN FOUR- In accordance with the provisions of Section 14.604 of Chapter 14 of the Village Code, the variations granted herein shall be null and void unless permits are issued and construction begins within one (1) year from the date of passage of this Ordinance. gjECZ1:,QN FIVE: 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 '1990. Gerald L. Farley ATTEST: Village President Carol A. -Fields Village Clerk CAF/ 4/12/90 ORDINANCE NO. AN ORDINANCE AMENDING ARTICLE VIII OF CHAPTER 8 OF THE VILLAGE CODE OF MOUNT PRQ$RK- BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That Section 8.802 entitled "Imposition of Tax" of Chapter 8 of the Village Code of Mount Prospect, as amended, is hereby further amended in its entirety by increasing the real estate transfer tax imposed from one dollar ($1.00) for every one thousand dollars ($1,000) value to three dollars ($3.00) for every one thousand dollars ($1,000) value for any transaction dated May 1, 1990, or later, and providing for a rebate of the tax paid of two dollars ($2.00) for every one thousand dollars ($1,000) value for a single-family residence, townhouse or condominium property owner relocating and purchasing similar property within the Village; so that hereinafter said Section 8.802 of Chapter 8 shall be and read as follows: Sec. 8.802. Imposition of Tax; Application for Rebate. A. A tax shall be imposed on the transfer of title to real property located in the Village as evidenced by the recordation of a deed by any person or by the delivery of any deed or assignment of interest of said real property, made as of the first day of November, 1987, and thereafter, whether vesting the owner with the beneficial interest in or legal title to said property or merely the possession or use thereof for any purpose or to secure future payment of money or the future transfer of any such real property. The tax imposed for any transaction entered into between November 1, 1987 and April 30, 1990 shall be one dollar ($1.00) for every one thousand dollars ($1,000.00) value or fraction thereof as stated in the declaration. The tax imposed for any transaction entered into after April 30, 1990 shall be three dollars ($3.00) for every one thousand dollars ($1,000.00) value or fraction thereof as stated in the declaration. The term "deed" as used in this Article shall mean all documents transferring or reflecting the transfer of legal title, equitable title, or both legal and equitable title to real property, or the beneficial interest in a land trust. Delivery of any deed shall be deemed to have occurred when the transferee or purchaser, or his representative or agent, receives possession of the deed or in the case of a land trust when the trustee receives possession of a valid assignment of a beneficial interest. B. Any buyer who and has paid the Real Estate Transfer Tax at the three dollars ($3.00) per one thousand dollar ($1,000) rate shall be entitled to a rebate of two dollars ($2.00) for each one thousand dollars ($1,000) of the purchase price, providing proper application has been made to the Village Treasurer and further provided that the buyer meets the following criteria: 1. The buyer shall have owned and occupied a single- Real Estate Transfer Tax April 12, 1990 Page 2 of 2 family residence, townhouse or condominium unit within the corporate boundaries of the Village of Mount Prospect as his principal residence and said single-family residence, townhouse or condominium was sold and the Real Estate Transfer Tax was paid within one year of the date of application for rebate; and 2. The buyer purchases and occupies a single-family residence, townhouse or condominium within the Village of Mount Prospect as their principal residence, for which they have paid the Real Estate Transfer Tax of three dollars ($3.00) per one thousand dollars ($1,000), within one year of the date of selling the previous residence located within the Village of Mount Prospect. Within 30 days following the receipt of Application for Rebate of Real Estate Transfer Tax, as provided herein, the Village Treasurer shall verify the information provided and if, in the opinion of the Village Treasurer, the applicable criteria has been met the Village Treasurer shall cause a warrant to be issued to the buyer applying for said rebate. 11 SECTION TWO: 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 1990. Gerald L. Farley Village President HIVOOD&V6 Carol A. Fields Village Clerk CAF/ ORDINANCE NO. AN ORDINANCE AMENDING ARTICLE VIII OF CHAPTER 11 !2-F—Tff:K,-VILLAGE CODE- OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That Section 11.3410 entitled "Other Fees" of Chapter 11 of the Village Code of Mount Prospect, as amended, is hereby further amend Section 11.3410.D.2 by increasing the license fee for tobacco vending machines from $50.00 per machine annually to one hundred fifty dollars ($150.00) per machine annually; so that hereinafter said Section 11.3410.D.2 of Chapter 11 shall include the following: " Sec. 11.3410.D 2. Tobacco vending machines $150-00 per machine annually 11 SECTION TWO: That this Ordinance shall be in full force and effect May 1, 1990 following its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of Carol A. Fields Village Clerk N Gerald L. Farley Village President VILLAGE OF MOUNT PROSPLCT PLANNING AND ZONING DEPARTMENT Mount Prospect, Illinois TO: JOHN F. DIXON, VILLAGE MANAGER FROM: PAUL BEDNAR, PLANNER SUBJECT: BLUE JAY BUILDERS ORCHARD FIELD TOWNHOUSE PROPOSAL LOCATION: 400 EAST RAND ROAD DATE: APRIL 11, 1990 The petitioner, Blue Jay Builders is proposing a townhouse redevelopment on what is now two large single family lots along Rand Road. This development will have access off of Rand Road and back up to the single family subdivisions along Highland Avenue and Eastman Court. Public hearings were held before the Zoning Board of Appeals and Plan Commission in order to address specific concerns. The findings of each Board can be found below. Zoning On February 2, 1990, Blue Jay Builders presented their case to the Zoning Board of Appeals requesting the following: 1. A rezoning is required from R-1, Single -Family; to R-3, Multi -Family Residential. 2. A special Use/Planned Unit Development originally proposing 24 townhouse units has since been reduced to 22 units. 3. A variation from the P.U.D. requirements in order to allow a 10 foot setback from the cul-de-sac bulb to the east property line, instead of 20 feet as required. At the meeting, the petitioner explained that a multi -family townhouse development fits the site better than either single family residential or a commercial development. The petitioner said that, in order to develop these parcels as single family residential with lots on both sides of a cul-de-sac, they would need a much wider frontage on Rand Road than they have. They explained that an effort was made to acquire the remaining single family lot to the south in order to incorporate it into this proposal, but they were unsuccessful. The main issue with this request was that of appropriate zoning for this property. After an analysis of possible redevelopment scenarios, staff offered the Board the opinion that a multi -family rezoning is justified. The original proposal at 24 units (8.8 dwelling units per acre) was compared to recent townhouse developments, such as, Evergreen Woods, Village Commons, and Courts of St. John, and found to be at a slightly lower density. Several land plans for this site have been prepared by the staff within the past few years, addressing potential commercial and multi family projects• It was found that a townhouse plan was the best alternative. A concern John Fulton Dixon - Page 2 April 11, 1990 of everyone present at the hearing was that a redevelopment of this subject parcel will have a direct bearing on the remaining single family lot to the south on Rand Road. The site plan submitted addresses a possible Phase II townhouse development on this one remaining parcel. The second main issue of this request is the specific site plan. At the hearing several concerns were voiced by staff which were incorporated as conditions of the approval. Several neighbors from Highland and Eastman Court were present at the hearing to request certain conditions be attached to any approval. These items include: 1. A 6 foot high fence on the east property line erected as soon as possible to screen out construction. 2. A guard-rail erected on the east side of the cul-de-sac and the cul-de-sac bulb shifted further from the east property line than the 10 foot proposed. 3. A maximum of 22 units if a detention pond is added. 4. A brick facade required for the buildings 5. The installation of a sidewalk on both sides of the street, possibly reduced in width. None of the neighbors present had any objection to the concept of a townhouse. After some discussion, the Zoning Board members agreed that this was a good proposal. Multi family, low density townhouses, rather than commercial or single family fit this site best. They expressed the desire to have the adjacent single family property to the south made part of this development, and requested the builder to re -approach the owner to try to make it work. The standards for rezoning, special use and variations were reviewed before the Zoning Board approved all requests unanimously, 7-0, with the following conditions attached to the Special Use/ PUD. 1. Engineering plan approved by the Village Engineer regarding final determination for the sewer locations. If a detention pond is required on the property, two units may have to be deleted. NOTE: It has been determined that a detention pond is necessary, and therefore, two units have been deleted (the total is now 22.) 2. Sidewalk installation to be determined by the staff and petitioner for recommen- dation to' the Village Board. NOTE: the builder at the request of neighbors will provide sidewalks on both sides of the cul-de-sac. 3. Revised landscape plan to include more plantings on the north and east sides and tree preservation plan approved by Village staff. 4. A 6 foot high wood fence along the east property line, to be installed after public improvements are completed. 5. A guard rail installed on the east end of the cul-de-sac. John Fulton Dixon - Page 3 April 11, 1990 6. On -street parking to be prohibited. 7. A minimum of 18 feet for driveway lengths. 8. A brick facade required for the buildings. 9. Formation of a Homeowner's Association. Plan CoMmissio -. The applicant appeared before the Plan Commission on February 21, 1990 and again on April 14, 1990 to request: 1. A change in the Comprehensive Plan from General Commercial/Office to Multi Family Residential/Low Density. 2. Approval of a resubdivision plat. 3. Permission to locate a detention basin as close as 10 feet from the proposed buildings, rather than 75 feet. At the initial meeting, the Commission required the builder to work out details of the detention basin easement before the plat could be approved. On April 4, the Commission recommended approval of the plat unanimously, 6-0, provided that the storm sewer to Highland is verified as being adequate and operating. A neighbor present at the hearing noted that the sewer line is on his property and there is no recorded easement. If Blue Jay ties into this line, an easement must be in place. The Commission also deliberated the 10 foot separation from the detention basin to the building. They voted unanimously to recommend approval 6-0 provided that soil borings indicate there is stable ground for the buildings in the proposed locations. The Comprehensive Plan request was approved unanimously 6-0. Residents present at the hearing supported the change from commercial to multi -family. Approved: W*NUTES OF THE REGULAR MEETING OF THE MOUNT PROSPECT PLAN COMMSSION APRIL 4, 1990 CALL TO ORDER The regular meeting of the Mount Prospect Plan Commission was called to order by Chairman Donald Weibel at 8:00 P.M. at the Village Hall, 100 South Emerson Street, Mount Prospect, Illinois. ROLL CALL Present upon Roll Call: Frank Boege Tom Borrelli Lynn Kloster William Navigato Louis Velasco Donald Weibel, Chairman Absent: Frank Breitsameter Tom McGovern Village Staff Present: Michael Sims, Staff Planner APPROVAL OF MINUTES Mr. Boege moved, and Mr. Velasco seconded, that the minutes of March 21, 1990 be approved. All members voted Aye and Chairman Weibel declared the minutes approved. SUB -DIVISIONS Orchard Field Townhomes Resubdivision.- The petitioner was requesting approval of a subdivision plat and Development Code modifications to permit buildings closer than 75 feet from detention facilities. Engineering and Planning staffs indicated no objections provided that soil borings showed adequate ground stability. During the discussion on the project it was pointed out that a sewer drain located just north of the project would receive the overflow from the detention facility. A nearby resident, George Lieder, 401 Highland on whose property the sewer drain is located, expressed concern about flooding of his property. He stated that this drain is either blocked up or there is no drain because it does not take water. Mr. Velasco moved, and seconded by Mr. Borrelli, that the Orchard Field Townhouses Subdivision plat be approved with the provision that the sewer arrangements are operative and adequate. The vote was 6 Aye: 0 Nay. Motion passed. Mr. Boege moved. and seconded by Mr. Velasco, that the Development Code modification permitting buildings 10 feet or greater from the detention facility be approved, providing that soil borings show adequate ground stability. The vote was 6 Aye; 0 Nay. Motion passed. PAGE 2 PLAN COMMISSION APRIL 4, 1990 PLAT OF DEDICATION - Road Right -of -Way Dedication of 9 feet on the West Side of North Forest Avenue, Memory Lane to Kensington Road and Development Code modifications on Street Trees, Street Width, Sidewalk and Parkway. The request for dedication is to permit improvement of the one way street through resurfacing and widening the present 16 ft. wide paved area to 20 feet and the addition of curb and gutter on the west side which is adjacent to School District 214 property. There was a question as to whether or not The Development Code required this plat to be presented to the Plan Commiss- ion for consideration. The Code wording is ambiguous but it was agreed the Plan Commission should hear it. Mr. Sims stated that School District 214 would pay for the curb and gutter on the west side and the Village would pay for the road improvement to the east side. Charles Miller of 715 North Forest Avenue was present and spoke about his concern on traffic safety in the area and what effect the road widening would have on traffic. He indicated that the street improvement and widening had the approval of the residents but only on the basis that it stayed a one way street. Mr. Navigato expressed his opinion that if they were going part way with street improvement they should do it right and go the whole way with full street width, curb and gutter, trees, side- walk and lighting. Chairman Weibel asked for motions on the dedication and on each of the Development code modifications. Mr. Boege moved, and seconded by Mr. Navigato, that the Development Code Modification request to allow a curb to curb street width of 20 feet instead of 28 feet be approved. The vote was 2 Aye; 4 Nay. Motion failed. The reason given for the Nay vote was that it was felt that this was not the best way to improve the street, if it was to be done it should be in accordance with the Code. Mr. Boege moved, and seconded by Mr. Velasco, for approval of the Devel- opment Code Modification to eliminate the parkway trees. The vote was 2 Aye; 4 Nay. Motion failed. Reason for the Nay vote was the same as in the prior vote. Mr. Velasco moved, and seconded by Mr. Navigato, for approval of the Development Code Modification to eliminate a sidewalk on Forest Avenue. The vote was 3 Aye; 3 Nay and Chairman Weibel declared the motion failed for lack of 5 Aye votes. Reason for the Nay votes was the same. Mr. Velasco moved, and seconded by Mr. Navigato, to approve the Develop- ment Code Modification to eliminate the parkway on Forest Avenue. The vote was 3 Aye; 3 Nay and Chairman Weibel declared the motion failed. Reason for the Nay votes was the same as in the previous cases. Mr. Velasco moved, and seconded by Mr. Navigato, to approve the Plat of, Dedication for Road Right -of -Way west side of North Forest Avenue between Memory -Lane and Kensington Road. The vote was 2 Aye; 4 Nay. Motion failed. Reason given for the Nay vote was the same as for the prior vote. Reason given for the minority Nay vote was that besides the approval of the School District and the Village, the project appeared to be what the residents of the area wanted. PLAN COMMISSION MINUTES PAGE 3 APRIL 4, 1990 COMMITTEE REPORTS A. Community Development: Mr. Sims reported that the request for the Block Grant funds had been submitted to HUD. It was estimated that the Village would receive about $233,000. B. Comprehensive Plan: No report C. Development Code: No report D. Text Amendment: No report OLD BUSINESS Mr. Boege reported on a concern that he had relating to the Plat of Subdivision for the Lexington Homes Development that had been before the Plan Commission for approval some time back. This Development was part of a PUD agreement and there was a provision for a street from Schoenbeck to enter at right angle to Rand Road. Mr. Boege said that nothing appears to have been done on this and he is concerned because request for bids have gone our for Schoenbeck Road Reconstruction from Persimmon Lane to Camp McDonald Road but nothing for the Rand Road access work. He has not been able to get a satisfactory answer from Engineering and feels there has been dragging of feet on this. Chairman Weibel said that it would not be the Plan Commission's prerogative to press the issue however Mr. Boege's comments and concern would be noted. Mr. Sims asked the Plan Commission to recommend specific language to change Section 14.101G of the Zoning ordinance regarding Lot Consolidation. Mr. Weibel furnished two possible wordings and after discussion, Proposal No. 1 was thought to be the better version however recommendation was held up pending clarification of wording from Mr. McGovern. NEW BUSINESS Mr. Sims reported on a one -day Planning and Zoning workshop scheduled for Saturday, May 5 at the Alsip Holiday Inn and asked the Commission members to let him know if anyone wished to attend. Mr. Charles Miller,who attended the meeting and spoke on the North Forest Avenue Right -of -Way Dedication expressed his appreciation for the discussion and concern given to the cases by the commission. He reiterated his concern about traffic safety at the Prospect High School area and said he had not been able to get a satisfactory response on the matter from the Village. Mr. Sims stated that the Safety Commission was the proper body to review the problem and recommended that Mr. Miller first contact the Village Manager and meet with him to discuss the problem. ADJOURNMENT There being no further business, Chairman Weibel adjourned the meeting at 10:20 P.M. Respecfully submitted Lynn Kloster MINUTES OF THE REGULAR MEETING OF THE MOUNT PROSPECT ZONING BOARD OF APPEALS ZBA CASE NO. 5-Z-90, 6 -SU -90, Hearing Date: January 25, 1990 and 7-V-90 February 1, 1990 PETITIONER: Blue Jay Building Corporation SUBJECT PROPERTY: 400 East Rand Road PUBLICATION DATE: January 9, 1990 REQUEST: A rezoning from R-1 Single -Family, to R-3 Multi -Family Residential; a Special Use/Planned Unit Development in order to construct 24 townhomes of 8.8 dwelling units per acre; and a variation from the P.U.D. requirement to allow a 10 foot setback from the cul-de-sac bulb to the property line, instead of the required 20 foot. ZBA MEMBERS PRESENT: V .114 OBJECTORS/INTERESTED PARTIES: Gilbert Basnik, Chairman Robert Brettrager Lois Brothers Ronald Cassidy Peter Lannon Marilyn O'May Len Petrucelli Barbara Phillips, 516 Eastman Ct. Brian Cousins, 405 E. Highland John Michaels, 505 Highland This case has been continued from the January 25, 1990 Zoning Board of Appeals meeting Chairman Gil Basnik introduced this case as being a rezoning from R-1 Single -Family, to R-3 Multi -Family Residential; a Special Use/Planned Unit Development in order to construct 24 townhomes of 8.8 dwelling units per acre; and a variation from the P.U.D. requirement to allow a 10 foot setback from the cul-de-sac bulb to the property line. Attorney John Mlade, of 5744 Cermak Road, Cicero, Illinois, represented the petitioner, Blue Jay Builders. He gave a brief report on the successful developments in the surrounding suburbs, constructed by his client, Mike Losacco, owner of Blue Jay Builders. ZBA-5-Z-90, ZBA-6-SU-90, ZBA-7-V-90 February 1, 1990 Page 2 of 2 He stated Blue Jay Builders is proposing to construct a 24 unit townhouse project with a density of 8.8 per acre, at 400 East Rand. He explained that a rezoning to a multi -family designation is sought because of the configuration of the lot which prevents construction of single family or commercial on this lot. A single family project would require a total of 306 feet in width, and this lot is 198 feet wide. A commercial development would require more frontage width on Rand Road than what is available. He stated that an offer was made to purchase the 88 foot wide lot to the south, but even if they had been successful, it would not have been sufficient for either single family or commercial development. He gave a brief description of the types of units and submitted renderings showing the facades of the buildings. Darryl Mayo, Architect with Robert H. Jessen & Assoc., 4242 Kirchoff Rd., Rolling Meadows, was sworn in and confirmed the proposed type of construction and number of units. He added that they took a survey of the character of the neighborhood and then developed a design compatible with the environment. John Schuller, Engineer with Applied Engineering,4242 Kirchoff Rd., Rolling Meadows, was sworn in and testified that they had expected to tie into the Village storm sewer which handles the single family homes to the east. However, they had been informed that the sewer does not have the capacity to handle the water. He stated that they will investigate tying into the State storm sewer on the far side of Rand Road or the Village sewer to the northwest of the their property. If a detention area will have to be provided on site, then the developer is agreeable to eliminate the necessary units on the northwest comer of the site for this detention area. Paul Bednar, Planner, represented the Village. He commented briefly on the background of the case, and affirmed that a multi -family development, such as this, is the most feasible given the configuration of the lot. Mr. Bednar then listed some issues regarding the development which included: a) the possible need of a detention area in the northwest comer of the parcel; b) shifting the cul-de-sac bulb to increase perimeter yard setback to 20 feet; c) a 5 foot wood fence along the east property line; d) a guard rail installed at the east end of the cul-de-sac; e) the elimination of at least one unit on the northwest corner to increase the building setback from Rand Road; and e) establishment of a Homeowner's Association. Mr. Mayo addressed the issues and stated the developer would be willing to install the fence on.the-east side.of-the property,and the guard rail on the east side end of the cul- de-sac, and work with the Village Engineer to resolve the storm.sewer issue. However, he commented that they could not shift the cul-de-sac because it would greatly impact the end unit. Barbara Phillips, 516 Eastman Court, spoke on behalf of the residents on Eastman Court, and stated that they would request the following: ZBA-5-Z-90, ZBA-6-SU-90, ZBA-7-V-90 February 1, 1990 Page 3 of 3 1. A 6 foot fence rather than 5 ft. on the east side of the property line, and erect as soon as possible to eliminate construction noise and debris. 2. A guard rail erected on the east side of the cul-de-sac and the cul-de-sac bulb shifted further from the east property line. 3. A maximum of 22 units if detention pond is added. 4. A brick facade for the townhomes. 5. Installation of a sidewalk on both sides of the street, possibly reduced in width. 6. Development of adjacent property at the same time, and if not possible, a covenant added to ensure that no more than 8 units be developed on the property to the south. Brian Cousins, 405 East Highland, was sworn in and stated he had two concerns. The first was drainage and flooding since his home is lower than this property; and the second was the appearance of the units facing his home. Some mention was made of having the fence extend around the perimeter on north side of the development, John Michaels, 505 Highland, commented that he did not agree that a fence should be erected on the north side of the development, as many residents in his neighborhood abutting this development have their own fences. After some discussion, the Zoning Board members were all in agreement that this was a favorable development for this parcel and that it would set a favorable tenor for the remaining property on Rand. There was some discussion on obtaining the 88 foot parcel to the north and the petitioner, Mike Losacco, mentioned that he had tried but the price was exorbitant. He agreed to attempt further negotiations, but would not pay the price requested. Discussion ensued concerning the height of the fence, sidewalks and final determination of sewer connections. Chairman Basnik then reviewed the rezoning, special use and variation standards. Mr. Brettrager, seconded by Mrs. Brothers, moved to grant the petitioner's request, in Case No. ZBA-5-Z-90, to rezone from R-1, Single Family, to R-3, Multi Family Residential on the subject -property, per petitioner's Exhibit No. L Upon Roll Call: AYES: Lannon, Petrucelli, Brothers, Cassidy, Brettrager, O'May, Basnik NAYS: None Motion carried by a vote of 7-0 ZBA-5-Z-90, ZBA-6-SU-90, ZBA-7-V-90 February 1, 1990 Page 4 of 4 Mr. Petrucelli, seconded by Mrs. Brothers, moved to grant the petitioner's request in Case ZBA-6-SU-90 for a Special Use/Planned Unit Development in order to construct 24 townhomes of 8.8 dwelling units per acre, per Exhibit No. 1, subject to the following: 1. Engineering plan approved by the Village Engineer regarding final determination for the sewer locations. If a detention pond is required on the property, two units may have to be deleted. 2. Sidewalk installation to be determined by the staff and petitioner for recommendation to the Village Board. 3. Revised landscape plan to include more plantings on the north and east sides and tree preservation plan approved by Village staff. 4. A 6 foot high wood fence along the east property line, to be installed after public improvements are completed. 5. A guard rail installed on the east end of the cul-de-sac. 6. On -street parking to be prohibited. 7. A minimum of 18 feet for driveway lengths. 8. Formation of a Homeowner's Association. Upon Roll Call: AYES: Lannon, Petrucelli, Brothers, Cassidy, Brettrager, O'May, Basnik NAYS: None Motion carried by a vote of 7-0. Mr. Brettrager, seconded by Mrs. Brothers, moved to grant the petitioner, in Case No. ZBA-7-V-90, a variation from a the Planned Unit Development requirement to allow a 10 foot setback from the cul-de-sac bulk to the property line, per Exhibit No. 1. Upon roll call: AYES: Lannon, Petrucelli, Brothers, Cassidy, Brettrager, O'May, Basnik NAYS: None Motion carried by a vote of 7-0. These recommendations will be forwarded to the Village Board for their consideration. Helen Giordano, Recording Secretary, `VILLAGE OF MOUNT PROSPECT PLANNING AM ZONING DEFAMIENT Mount Prospect, Minois TO: GIL BASNIK, ZONING BOARD OF APPEALS CHAIRMAN FROM: PAUL BEDNAR, PLANNER SUBJECT: ZBA-S-Z-", ZBA-&SU.", ZBA-7-V." BLUE JAY BUILDERS LOCATION: 400 EAST RAND ROAD DATE: JANUARY 17, 119" The applicant is requesting the following: 1. A rezoning from R-1, Single -Family, to R-3, Multi -Family Residential. 2. A special Use/Planned Unit Development in order to construct 24 townhomes, which will be 8.8 dwelling units per acre. 3. A variation from the P.U.D. requirements in order to allow a 10 foot setback from the cul-de-sac bulb to the property line, instead of 20 feet required by Code. The following comments were received from various departments: 1. The watermain must be looped. The preliminary engineering plans will have to be revised accordingly. The watermain on-site may be privately owned and maintained. 2. The existing sanitary sewer south of this property is an 8" line (not 10" as indicated on the plan). There should be a recapture agreement for tying into this line. 3. The existing 36* storm sewer east of the property wasn't designed to accept -&ainagetrom.this site. -Eighty percent of this.site drains to the northwest comer, therefore, the drainage should be directed to the State storm sewer on Rand Road. And I.D.O.T. permit will be required. It is possible that the State will not allow this connection. In that case, a detention area must be provided on site. Gil Basnik - Page 2 January 17, 1990 4. I.D.O.T. permits will be required for access to Rand Road. The street pavement width ,end cross octien does not ale" VUlage standards {31' width back of curb to back of curb required). Privately owned and maintained streets would be allowed as shown. S. Hydrant locations shall be determined by the Fire Department and Public Works. 6. The developer should make himself aware of all Development guarantees and fees. A minimum of 3 street lights, 7 parkway trees and sidewalk on Rand Road will be required. 7. The proposed grading at the east and north perimeters appears high, causing concern of drainage onto adjacent property. 8. The configuration of the cul-de-sac bulb could be shifted slightly so that a 20' setback is maintained. 9. Driveway slopes shall be a minimum of 2% and a maximum of 10%. 10. A plat of subdivision must be submitted with public utility and drainage easements around the perimeter of the property. Any existing easements should be shown on the plan. 10_arU NO Blue Jay Builders has a contract to purchase two lots located on Rand Road and totaling 2.70 acres. These lots are zoned R-1 Single Family Residential. Adjacent to this parcel is a single family neighborhood to the north and east. A single family home on a large lot is located between this parcel and the Matz Funeral Home to the south. The Comprehen- sive Plan identifies these parcels as general commercial/office. On the east side of Rand Road, the Christian Life Church owns a large open parcel of land. The applicant will be appearing before the Plan Commission requesting to amend the Comprehensive Plan in order to allow low-density multi -family residential. nin The main issue with this request is that of the appropriate zoning for this property. These two parcels along with the adjacent properties are currently zoned R-1, Single Family. The redevelopment of these two parcels must keep in mind the remaining large single family lot to the south. Redevelopment of these subject parcels will have a direct bearing on the -dot 4o the -south. -ne one Marge single familydot to the -south will -likely be redeveloped in the near future. For this reason, the applicant prepared a conceptual townhome plan for this remaining lot, to demonstrate how a compatible development could be designed. It is our understanding that this budder unsuccessfully attempted to purchase this lot for the purpose of unifying the redevelopment of all three parcels along Rand Road. Gil Basnik - Page 3 January 17, 1990 The two remain. Across Rand su g single e tin Ytoad, to be could potentially be > west, developed in a S! of this parcel could undoubtedly be developed d such for multi -family, or C mmerc I/office i vl�l different commercial/office a s a possibility. Three options for redevelopment of these subject parcels are analyzed below: 1. Development VAth Eidsting R -I Zonim This option would be consistent with the adjacent neighborhoods. However, the two parcels proposed for development by the petitioner do not have sufficient dimensions for development with single family lots. A public street would require a 66' right- of-way. Lots adjoining the street would require a 120' lot depth or 24V for lots on both sides of the street. This would result in a total dimension of 306'. The subject property has a north/south dimension of 198'. Acquiring the lot to the south would provide 296, still short of the requirement for acceptable single family lots. Also important, is the question of a small single family subdivision abutting Rand Road, with this as the only access. rn= WTV77M93DO 07741T-=24 This option seems to make some sense when considering the busy Rand Road frontage. However, the depth of these three single family lots is much greater than the frontage along Rand. This is a disadvantage for commercial development especially when considering the 6W plus depth. It is not probable that a quality commercial redevelopment would occur on these lots given the circumstances. More importantly, commercial activity would be less compatible with the adjacent existing single family subdivisions than residential redevelopment. lr=Wl =oif MJFK1UM-,,1,TTTrX, A residential redevelopment is preferred on these parcels. Single family redevelop. ment, as evidenced above, is not probable given the lot size parameters and location. A multi-fainfly project can fit on the parcels, is more marketable than single family along Rand Road, acts as a buffer between the single family neighborhood and Rand Road traffic, and, finally, is compatible with the existing II",tial. Ideally, this development would include the lot to the south for the best design. We believe that the above analysis justifies rezoning these parcels to allow multi -family Site Plan AaWyak The second main issue of this request is the specific site plan. Blue Jay Builders had submitted several preliminary plans to the Village for our comments, and as a result, this proposed P.U.D. site plan for 24 townhomes reflects most of our initial concerns. Comments are itemized below- Gil Basnik - Page 4 January 17, 1990 1. The number of units (24) may have to be reduced by two in order to accom- modate a detention basin, as indicated .in Village Staff comments 2. By eliminating two units in the northwest corner, the buffer between Rand Road and the nearest building increases favorably. A V minimum setback should be provided. 3. The off-street parking areas are acceptable. On -street parking should be prohibited because of the street width. 4. The density of 8.8 units per acre is reasonable. An R-3/P.U.D. would allow up to 14.8 dwelling units per acre. For your information, densities of recent townhouse projects have been between 9.5 to 11.3 dwelling units per acre. 5. The distance between buildings is acceptable. 6. The access to Rand Road is located to maximize the separation from other access points along Rand Road. 7. This layout affords the potential of interconnection to the south lot for future redevelopment, (a Phase II of this townhouse project). 8. The cul-de-sac bulb could be shifted away from the east property line to increase the perimeter yard setback to 20 feet. 9. Every effort should be made to save some of the existing trees on site. A tree preservation plan will be required. 10. The preliminary landscape plan should be slightly revised adding plants along the east property edge and increasing the size . of the trees. 11. A five foot wood fence along the east property line will help block out headlight glare and noise to the adjacent neighborhood. Six foot privacy fences for some patios are reasonable. 12. A Homeowner's Association should be in effect in which rules will prohibit exterior alterations, additions, or modifications to the buildings. 13. Sidewalks are shown on both sides of the street. In our opinion, the elimination of a sidewalk on one side will allow more front yard open space without creating a problem for pedestrians. 14,-The.driveway lengths should be -no less than 18' .(preferably.W) from the garage to the street. This length is consistent with other recent townhouse developments. 15. A guard rail should be installed at the east end of the cul-de-sac. This could prevent the unlikely occurrence of an automobile driving onto the lot to the east. Gil Bastult - Page 5 January 17, 1990 As a final summary on the application, it is important to point out that the proposed tOwnbome development is similar to Evergreen Woods, the Courts Of SL John's, and Wage Commons. These are recent townhomes that the community has found acceptable. "This application results in a slightly lower density than these other developments. Also, after these parcels were designated for a commercial land -use with the revised Comprehensive Plan, the Planning staff prepared several land plans for the site. We explored a commercial site plan, and a townhome design. It was our belief that the townhome plan better fit the site, and was more compatible with adjoining properties. This application is consistent with our conceptual designs for the site. Accordingly, the staff recommends approval of the request. PB:hg V-ft-,LAGE OF MOUNT PROSP]t& PLANNING AND ZONING DEPARTMENT Mount Prospect, Illinois TO: JOHN F. DIXON, VILLAGE MANAGER FROM: MICHAEL E. SIMS, PLANNER DATE: APRIL 6, 1990 SUBJECT: PLAT OF DEDICATION OF ROAD -RIGHT-OF-WAY WEST SIDE OF NORTH FOREST AVENUE, BETWEEN MEMORY LANE AND KENSINGTON, AND DEVELOPMENT CODE MODIFICATIONS FOR SIDEWALK, PARKWAY TREES, STREET LIGHTING, AND STREET PAVEMENT WIDTH School District 214 and the Village of Mount Prospect are requesting that a 9 foot wide road right-of-way be dedicated to the existing 33 foot wide road on North Forest Avenue. The street, between Memory and Kensington, is one-way north and is bordered on the west side by Prospect High School and on the east by single family residential homes. There is currently no parking on the west side of the street, except for a small area of 90 degree parking near the tennis courts. There is also no curb or gutter on the west side of the street. Currently, the pitch of the street's surface is to the east and all water appears to flow to the side. This plat of dedication is being requested so that the roadway can be widened. This will allow the Village to widen the current pavement width from 16 feet to 20 feet and to allow the school district to install new curb and gutter on the west side of the street. Staff would note that a 20 foot wide pavement width is the minimum the Fire Department needs for proper fire equipment operation. The Plan Commission heard the above mentioned Development Code items during its regular meeting on April 4, 1990. During that meeting, the Commission voted 4 nays, 2 ayes denying the request for a 20 foot street width. Mr. Navigato, representing the Commissioners voting against this issue, stating that they did not want to create an inferior and sub -standard street. The next item acted upon by the Commission was the request to waive the requirement for street trees and public sidewalks. The Plan Commission voted 3-2 against the request. Staff had recommended approval of the plat of dedication since it will widen this one-way street to the minimum width of 20 feet needed by the Fire Department and still permit curb and gutter to be installed on the west side of the street. Also, staff noted that the Village Board and school district had agreed to this arrangement, and there was not land area available for full public improvements. Approved: David M. dements, Director a` F DEDICATION ` Att'S�i�J.f/M N.L.#✓MX.l.�✓Ir ' XIM�Ain ' x a JY tne✓./ Mt ste! P. M., i14 R�, i i a 1 i r l - dr�N. lam s pfd -Aw -A. Aw dRs f 4#*AOMWV of � AYIAIdlA� C � V 4 V 4 4 ♦ V y ` # cs C t R A 4t $ 5 4 2 0 4 a VILLAGE OF MOUNT PROSPECT COOK COUNTY, ILLINOIS ORDINANCE NO. AN ORDINANCE ACCEPTING PLAT OF DEDICATION ADOPTED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT THIS DAY OF -0 1990 Published in pamphlet form by authority of the President and Board of Trustees of the Village of Mount Prospect, Cook County, Illinois, this day of 1990. ORDINANCE NO. AN ORDINANCE ACCEPTING PLAT OF DEDICATION WHEREAS, the Village of Mount Prospect has received a proposed Plat of Dedication ("Plat") from the Board of Education of Township High School District No. 214, Cook county, Illinois and the Trustees of Schools of Township 42 North, Range 11 East of the Third Principal Meridian Cook County, Illinois of certain real property legally described in Exhibit A attached hereto and made a part hereof; ("Subject Property") and WHEREAS, the Board of Trustees of the Village of Mount Prospect has determined that it is necessary and convenient for the Village to use and occupy the subject property for street purposes. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS, AS FOLLOWS: Section 1: The Board of Trustees of the Village of Mount Prospect hereby finds and ratifies its determination that it is necessary and convenient for the Village to use and occupy the subject property for street purposes. Section 2: The Board of Trustees of the Village of Mount Prospect hereby accepts the Plat and the Village President, Clerk, Treasurer, Collector, Engineer, Plan Commission, attorneys and agents are hereby authorized and directed to take all necessary steps to execute the Plat and all documents necessary to effect the Plat and its placing of public record. Section 3: This Ordinance shall be in full force and effect from and after its passage and approval as provided by law. PASSED BY THE FOLLOWING ROLL CALL VOTE This day of 1990. AYES: NAYS: ABSENT FROM COMMENT AND VOTE: APPROVED this _ day of 1990. ATTEST: village �Clerk Village President The r,.l SO& fool, of 100z4u �eAf 'ea;q 0,114C Nol-lh of Ilie S. S.. A/,vf Oe NZ. f,1, v,7 a/* f the N.2".1 W life N.Ar. ,fw111;? Jec//o,7 33$ 75-;vw7x,41,o 42 Ilm-1h, R67y & W, trl of &e jtaP /Y., iir Cook Cow7ly, (except the No,14 33.00fl. Ne"*fj - EXHIBIT "A" RESOLUTION NO. A RESOLUTION REGARDING THE RELEASE OF EXECUTIVE SESSION MINUTES WHEREAS, the Mayor and Board of Trustees of the Village of Mount Prospect have met from time to time in executive session for purposes authorized by the Illinois Open Meetings Act; and WHEREAS, as required by the Act, the Village Board has kept written minutes of.all such executive sessions; and WHEREAS, pursuant to the requirements of Public Act 85-1355, the Mayor and Board of Trustees have met in closed session to review all closed session minutes; and WHEREAS, the Mayor and Board of Trustees have determined that a need for confidentiality still exists as to the executive session minutes for the meetings as set forth on Schedule A attached hereto; and WHEREAS, the Mayor and Board of Trustees have further determined that the minutes of the meetings as noted on Schedule A attached hereto no longer require confidential treatment and should be made available for public inspection. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the executive session minutes from those meetings as set forth on Schedule A attached hereto are hereby released. SECTION TWO: That the Village Clerk is hereby authorized and directed to make said minutes available for inspection and copying in accordance with the standing procedures of the Clerk's Office. SECTION THREE: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. F.V4014 NAYS: ABSENT: PASSED and APPROVED this day of 1990. ATTEST: -Ea—roi A. Fields Village Clerk ot Gerald L. Farley Mayor SCHEDULE A Executive Sessions of the President and Board of Trustees of the Village of Mount Prospect were held as listed hereon. The minutes that have been determined may be released for public inspection are indicated by "Release": October 17, 1989 Release November 8, 1989 Release January 9, 1990 Release February 6, 1990 Release Phone: 706 / 392-6000 Fax: 70E3 / 392.6022 MINUTES EXECUTIVE SESSION FEBRUARY 6, 19" An Executive Session was called to order at 12:30 am., in the second floor conference room of the Senior Citizens' Center, .50 South Emerson. The purpose of the Executive Session was to discuss pending litigation and personnel. Present at the meeting were: Mayor Gerald Farley-, Trustees Ralph Arthur, Mark Busse, Timothy Corcoran, Leo 11 Oros, George Van Geem and Theodore Wattenberg. Also present was Village Manager John Fulton Dixon. 1. The Village Board discussed the pending lawsuit brought by the Elk Grove Township Rural Fire Protection District. 2. The Village Board also discussed establishment of a committee to investigate the handling of a permit at Four North Pine Street. 3. Also discussed was an agreement for termination and settlement of an employee in the Police Department. On a Motion by Trustee Van Geem and Seconded 'by Trustee Ralph Arthur, the Executive Session was adjourned at 1:10 am. JOHN FULTON D ON JFD/rcw MAYOR GERALD L FARLEY RALPH W ARTHUR MARK W BUSSE TIMOTHY J. CORCORAN LEO FLOROS GEORGE R. VAN GEEM THEODORE J. WATTENBERG Village of Mount Prospect VILLAGE MANAGER JOHN FULTON DIXON VILLAGE CLERK 100 S. Emerson Mount Prospect, Illinois 60056 CAROL A. FIELDS Phone: 706 / 392-6000 Fax: 70E3 / 392.6022 MINUTES EXECUTIVE SESSION FEBRUARY 6, 19" An Executive Session was called to order at 12:30 am., in the second floor conference room of the Senior Citizens' Center, .50 South Emerson. The purpose of the Executive Session was to discuss pending litigation and personnel. Present at the meeting were: Mayor Gerald Farley-, Trustees Ralph Arthur, Mark Busse, Timothy Corcoran, Leo 11 Oros, George Van Geem and Theodore Wattenberg. Also present was Village Manager John Fulton Dixon. 1. The Village Board discussed the pending lawsuit brought by the Elk Grove Township Rural Fire Protection District. 2. The Village Board also discussed establishment of a committee to investigate the handling of a permit at Four North Pine Street. 3. Also discussed was an agreement for termination and settlement of an employee in the Police Department. On a Motion by Trustee Van Geem and Seconded 'by Trustee Ralph Arthur, the Executive Session was adjourned at 1:10 am. JOHN FULTON D ON JFD/rcw MAV** GERALD L FARLEY RALPH W ARTHUR MARK W BUSSE TIMOTHY J. CRCORAN LEO FLOROS GEORGE A. VAN GEEM THEODORE J. WATTENSERG Village of Mount Prospect VIUAGE WIM"In JOHN FULTON DIXON VILLA" CLERK 100 S. Emerson Mount Prospect, Illinois 60056 CAROL A, FIELDS Phone: 708 / 392-6000 Fax: 706 / 392-6022 N41NUM EXECUTIVE SESSION JANUARY 9, 1990 An Executive Session was called to order at 8:41 p.m., in the second floor conference room of the Senior Citizens' Center, 50 South Emerson, in order to discuss the matter of potential litigation. Present at the meeting were: Mayor Gerald Farley; Trustees Ralph Arthur, Mark Busse, Timothy Corcoran, Leo Floros and George Van Geem. Absent from the meeting was Trustee Theodore Wattenberg. Also present at the meeting were Village Manager John Fulton Dixon, Michael Jannis, Fire Chief Edward Cavello and Village Attorney James Stucko. Mr. Stucko reviewed with Committee members the validity of the underlying Intergovernmental Agreement between the Village and the Elk Grove, Township Rural Fire Protection District. Additionally, Mr. Stucko reviewed with the or and Board of Trustees the various Counts of the lawsuit filed by the Fire Protection District as well as the relative merits of the case. It was also announced that Mayor Farley was in the process of sending letters to the various District Trustees in an effort to arrange a meeting that might bring about the resolution of this matter without resort to litigation. After further discussion, Trustee Ralph Arthur moved and Trustee Timothy Corcoran Seconded that staff be authorized to defend the Village of Mount Prospect against the lawsuit filed by the Elk Grove Township Rural Fire Protection District. On a Motion by Trustee Floros, and Seconded by Trustee Van Geem, the meeting was adjourned at 9:42 p.m. MEJ/rcw MAYOR GERALD L FARLEY TRUJIMS, RALPH W ARTHUR MARK W BUSSE TIMOTHY J. CORCORAN LEO FLOWS GEORGE A. VAN DEEM THEODORE J. WATTENBERG Village of Mount Prospect VILLAGE MAGIAWN JOHN FULTON DIXON VILLAGE CLERK 100 S. Emerson Mount Prospect, Illinois 60056 CAROL A. FIELDS Phone: 708 / 392-6000 Fax: 708 / 3S2-6022 MINUTES EXECUTIVE SESSION NOVEMBER 8, 1989 An Executive Session was called to order at 10:53 p.m., in the second floor conference room of the Senior Citizens' Center, 50 South Emerson. The purpose of the Executive Session was to discuss personnel. Present at the meeting were: Mayor Gerald 'Farley; Trustees Ralph Arthur, Mark Busse, Timothy Corcoran, Ito Floros, George Van Geem and Theodore Wattenberg. Also present was Village Manager John Fulton Dixon. The Village Board discussed the six-month review of the Village Manager. No action was taken. On a Motion by Trustee Mark Busse and Seconded by Trustee Ralph Arthur, the Executive Session was adjourned at 12:46 am. JOHN FULTON DN JFD/rcw NIIAVON GERALD L FARLEY ?WU*"" AAUFIH W ARTHUR MARK W BUSSE TIMOTHY J. CORCORAN LEO FLOROS GEORGE A. VAN GEEM THEODORE J. WATTENBERG 11,1111age of Mount Prospect MAINE MANAGER JOHN FULTON DIXON 100 S. Emerson Mount VILLAGE CLERK Prospect, Illinois 60056 CAROL A. FIELDS Phone 312 / 392-6000 MINUTES EXECUTIVE SESSION OCTOBER 17, 1989 An Executive Session was called to order at 10:05 p.m., in the second floor conference room of the Senior Citizens' Center, 50 South Emerson, in order to discuss two matters of potential litigation. Present at the meeting were: Mayor Gerald Farley; Trustees Ralph Arthur, Mark Busse, Timothy Corcoran, Leo Floros, George Van Geem and Theodore Wattenberg. Also present at the meeting were Village Manager John Fulton Dixon and Director of Planning and. Zoning David Clements. Thet item of discussion was the parcel of land at the northwest corner of Kensington and The owner of the property indicated to staff he was contemplating suit against the Village since he purchased the property based on the assumption that the underlying zoning was B4. After the developer had gone through the Hearing process before the Zoning Board of Appeals for minor variations, it was discovered that there was an unrecorded PUD on this parcel which would mean that the entire process that was used would be null and void. The question was raised whether or not the PUD had existed on the parcel since it had not been recorded. Direction to staff was to lessen the impact of the car wash. The second item of potential litigation concerned whether or not the Village wished to file a suit against the City of Des Plaines over billboards particularly the billboard at Dempster and 83. After extensive discussion, it was felt that filing of a suit was not action the Board wished to take at this time. A Motion was made by Trustee Ito Floros and Seconded by Trustee Mark Busse to adjourn the meeting at 10:24 p.m. JOHN FULTOC CIN Village Manager JFD/rcw Village of *"Aount Prospect Moor: Prospect, Illinois INTEROFFICE MEMORANDUM TO: John F. Dixon, Village Manager FROM: Cheryl L. Pasalic, Cable Television Administrator C DATE: April 11, 1990 RE: Franchise Violation Hearing Procedures Upon review of the Cable Communications Code of the Village of Mount Prospect, I would recommend that the attached resolution outlining procedures for future franchise violation hearings. Upon advice of counsel, this will eliminate any possibility that a cable operator could question due process rights. Given the possibility of violations in the near future, I would recommend immediate passage of this resolution. This would, of course, follow passage of the previous resolution I submitted to you with regards to the Perkers complaint. By way of copy of this memo, I am giving the Village Clerk the opportunity to put this resolution in the form necessary for Board consideration. cc: Village Clerk RESOLUTION WHEREAS, the Cable Communications Code of the Village of Mount Prospect sets forth the guidelines and procedures for the operation of a cable television system by a franchised cable operator; and WHEREAS, the Cable Communications Code outlines the penalties for violation of said Code; and WHEREAS, outlined in the Cable Communications Code, the Franchisee is given notice of a violation of said Code, the opportunity to cure the violation, and the opportunity for a presentation to the Village Board. THE BOARD THEREFORE SETS FORTH THE FOLLOWING FRANCHISE VIOLATION HEARING PROCEDURES: 1. After a Franchisee has been issued a notice of violation and has had the opportunity to cure as outlined by the Cable Communications Code, the Franchisee, found to be in violation by the Cable Television Administrator, will be scheduled to appear at a public hearing before the Village Board at the earliest available Village Board or Committee of the Whole meeting. The Franchisee shall be notified in writing of the date, time, and location of the hearing. 2. The Franchisee will be given the opportunity to present materials and testimony relevant to the violation before the Village Board, public in attendance, and public viewing the hearing live on cable television. 3. In lieu of attendance at this public hearing, the Franchisee may submit a written presentation to the Cable Television Administrator prior to the hearing. The Cable Television Administrator shall submit the written presentation in full to the Village Board upon receipt. Submission of a written presentation by the Franchisee shall constitute a waiver by the Franchisee of its opportunity for a hearing before the Village Board. 4. Immediately following said public hearing or written presentation, the Village Board shall decide by majority vote: A. To reaffirm the finding of violation by the Cable Television Administrator. B. If violation is reaffirmed, whether penalty provisions will be imposed. 5. Franchisee will be notified in writing of the Village Board Decisions. 6. The aforementioned procedures are not, nor shall they be construed to be, any limitation upon rights granted to the municipality by the Cable Communications Code. Village Of Mount Prospect MoL, I ?rospect, Illinois INTEROFFICE MEMORANDUM TO: John F. Dixon, Village Manager FROM: Cheryl L. Pasalic, Cable Television Administrator 0. 9�p DATE: April 11, 1990 RE: Board packet materials for April 17 Attached are copies of all the pertinent materials that should be placed in the Board packets for the meeting on April 17. Also attached is a memo and resolution that should be considered after the resolution on the Perkers complaint. By way of copy of these materials, I hope I have afforded the Village Clerk the opportunity to get these materials in the proper form for presentation to the Board. cc: village Clerk Village of Mount Prospect Mf t Prospect, Illinois 11 INTEROFFICE MEMORANDUM TO: JOHN F. DIXON, VILLAGE MANAGER In FROM: CHERYL L. PASALIC, CABLE TELEVISION ADMINISTRATOR C. DATE: APRIL 6, 1990 RE: RECOMMENDATIONS OF ATTORNEY ON PERKERS COMPLAINT Attached you will find a copy of correspondence that was faxed to me today from the attorney of record, Robin Charleston. MY recommendation would be that the Board opt to not collect the fines at this time, but to pass the resolution at a public meeting which puts this on record and acknowledges the violation and places it on the permanent record. This way, the, violation stands and we avoid a long, drawn-out legal battle due to TCI Is policy on litigating fines. The most important thing to keep in mind is that this and any future violations will be on the record when we consider renewal of the franchise in a few short years. In addition, as I mentioned to you the other day, I would recommend that we institute some proceedures for the violations process for any future situations of this type, such as hearing notices and proceedures. We will need to draw those up in the near future for Board consideration. LAW OFFICES JONES, WARE & GRENARD 180 NORTH LASALLE STREET SUITE IWO CHICAGO, ILLINOIS WWI TELEPHONE (312) 2634= TELEFAX (312) 8554845 April 6, 1990 Cheryl L. Pasalic Cable Television Administrator Village of Mount Prospect 100 South Emerson Mount Prospect, IL 60056 Dear Ms. Pasalic: You have asked for our counsel and advice regarding action by the Village Board pursuant to Section 6.712B of the Village of Mount Prospect's Cable Communications Code. Based upon that provision and upon a citizen's complaint processed through the Cable Administrator's office, the Board has voted to assess a fine of two hundred dollars ($200.00) per day against the Village's franchised cable operator, TCI of Illinois, Inc. The immediate issue is what the Board's options are as to future actions, and what the legal ramifications of such actions might be. Our assessment is that the Cable Administrator and the Board acted in accordance with the requirements of the Cable Communications Code. There is, however, a potential issue as to whether the Code provision itself fully accords with federal due process requirements. Court decisions interpreting the federal constitutional guarantee of due process have established that prior to deprivation of life, liberty or property, due process requires that a governmental entity, such as the Village Board, must provide a person adequate notice, as well as an ample opportunity to be heard at a meaningful time and in a meaningful manner appropriate to the nature of the case. E.a•, Board of Regents vs. Roth, 408 U.S. 564. In this instance there is certainly a strong argument that adequate notice was given. The Cable Administrator'informed the operator both in writing and orally that if the operator did not resolve the complaint by providing cable service to the complainant by a date certain, or by submitting proof as to why service could not be provided, the Village Board would consider imposing a fine. These same communications informed the cable operator that its representative could appear before the Board at a Board meeting. . LAW OFFICES JONES. WARE & GRENARD Ms. Cheryl L. Pasalic April 6, 1990 Page 2 Despite this notification, there is a basis for an argument that the operator was in fact not afforded an opportunity to be heard, because a specific right to or procedure for a hearing is not set forth in the Cable Communications Code or elsewhere. In the event that a court had to decide this issue, it might decide it against the Village, even in the face of the documented notice given to the operator, due to the lack of a clear and explicit provision in the Code or elsewhere for a hearing. In light of the demonstrated propensity of the cable operator in question to seek legal redress whenever it is forced to pay a fine to a municipality, the Board may want to consider exercising its discretion to decline to collect the fine. Should the Board wish to take such action, it might consider a resolution such as the sample one enclosed with this letter. On the other hand, should the Board desire to proceed to collect the fine, a letter to that effect, restating the Board's action and setting forth the exact amount of the fine, should be sent to the operator. The letter should also include a date certain by which the operator should pay the fine in order to avoid deduction from its letter of credit. Under such a scenario, it is likely that the operator will pay the fine in order to avoid disturbance of its letter of credit, and then file suit to challenge the assessment and collection of the fine. Regardless of what immediate action the Board takes, we recommend that the Board also do the following within the reasonably near future: 1. Establish and promulgate a definite procedure for notice and hearing in connection with violations of the Cable Communications Code. Such a provision need not be elaborate or complicated. 2. Establish a general formula for setting fines. For example, the formula could specify that a fine will commence running on after the date of a finding of violation, or on or after the date of, issuance of a Notice of Violation by the Cable Administrator (subject, of course, to a subsequent finding of violation and fine by the Board). lAW OFFICES JONES. WARE & GRENARD Ms. Cheryl,L. Pasalic April 6, 1990 Page 3 3. Confirm the existence and acceptability of the escrow or letter of credit that the Cable Operator is to have on deposit with the Village pursuant to Section 6.412E of the Cable Communications Code to insure that sums are readily available in the event of a need for a draw on funds. In summary, while the actions of the Board and Cable Administrator appear to meet or exceed all applicable ordinance requirements in connection with the identification of a violation by the cable operator and the assessment of a fine, there is, nevertheless, a definite possibility that a legal issue as to due process could be raised and decided in the operator's favor in the event of litigation. The Board should take this factor into account in deciding whether or not to collect the fine. In closing, we appreciate the opportunity to provide a service to you and your Board. We hope that we can be of future assistance, and urge you to call upon us without hesitation in connection with this or any other legal matter. Very truly yours, JONES, WARE & GRENARD Ro in P. Charleston Attorney -at -Law RPC/cyc Enclosure 0406RPC.ltr SAMPLE RESOLUTION WHEREAS, the Cable Communications Code of the Village of Mount Prospect requires that a cable television franchise Grantee fill all requests for CATV service within 30 days of a request; and WHEREAS, pursuant to a complaint by Mr. Perkers of 1350 West Northwest Highway, originally made in February of 1989, investigation by the Cable Administrator's office, and inquiry by the Village Board, the Board has found the 'Grantee TCI of Illinois in violation of that provision as a result of its failure to provide cable service; and WHEREAS, the Grantee was given notice, afforded an opportunity to cure the violation, and given an opportunity to appear before the Board and be heard; and WHEREAS, the Board assessed a fire, pursuant to Section 6-712(B)(1) of the Cable Communications Code, of $200.00 per day from 3 co/gD_ through , totaling $ ; and WHEREAS, the Grantee provided service to the Grantee subsequent to the Board's assessment of the fine. THE BOARD THEREFORE FINDS: 1. In recognition of the Grantee's provision of service and expressions of intent to avoid such violations in the future, the Board will exercise its discretion and refrain from collecting a fine. 2. This action is not, and shall not be construed as being a limit upon or precedent for any future actions by the Board in connection with other findings of violations. 1201 Feehanville Drive 7 Mt. Prospect, Illinois 6Cr16 (312) 299-9220 Anr__ 4, 1990 Mof Illinois, Inc. The Honorable Gerald Farley Village of Mount Prospect ! , 100 South Emerson Mount Prospect, IL. 60056 ,{r Dear Mr. Farley, ✓� I. am writing you in regards dour discussion todav and the Village of Mount Prospectextent decision to levy fines concerning construction at 1450 Northwest Highway. For the record, our construction c ;. worked until 9:30 pm on the night of April 3rd to finish the project and the installation to the office. That requested a service call be done today, April 4, 1990: During the last two weeks we have worked very closely with the Village of�Mount Prospect to complete this construction. Daily,, calls were made to the Cable Administrator advising her of the -situation and our staff worked closely with your Engineering Department. In fact, the construction to this building was so difficult that the permit process itself took five days to complete. Mount Prospect's Engineering Department did an excellent `job of ensuring that the construction would be done safely and not effect utilities and 'large trees in the construction area. They even had a representative there during construction. Since? we' made every effort to finish construction in the two weeks. I"outlined at the last Village meeting and kept the Village informed through the whole process, I feel the fines are not justified. I would appreciate the Village considering recinding the fines or, not collecting them at this time. Please let me know what the position of the Village will be. Should you have any further questions concerning this matter, plea con ct me. . S1 Mar Hess .I General Manager cc: George Van Geem An Equal ppporluniry llr. Employer 1201 Feehanv�e Crive Mt. Prospect, incis 60056 (312) 299-9220 WKE V APR 10 RECD April 6, 1990 Mof Illinois, Inc. Ms. Chervi Pasalic Cable Television Administrator Village of Mount Prospect 50 South Emerson mount Prospect, IL. 60056 Dear Chervl, T am responding to your letter of April 4, 1990. 1 believe there has been a misunderstanding between TCI of Illinois and the Village of Mount Prospect and it is regrettable that the events of the meeting of April 3, 1990 took place. When 1 informed you an April 3, 1990 that I had other obligatiohs and could not attend the meeting, 1 believed that you were completely informed of the situation surrounding construction at 1350 lNortawest Highway. Since you had been in almost daily contact with our staff and were appraised of all the facts. 1 felt that through you the Village had been undated and that you wculd be able to update the board. For myself and my staff, I apologize for this misunderstanding. In an effort to re -address the situation, I am requesting that the Village rescind it's recent action or have the -fines remain uncollected until the Villace is aaain convinced that TCI of Illinois has always, and will always, meet the requirements of the franchise agreement. IT believe that 7 have always worked closely with the Village in the vast and do not want the Board of Trustees to believe that TC! of Illinois is not concerned with their wishes. During the two weeks from March 20, 1990 to April 3, 1990 my staff worked very diligently to have construction completed at 1350 Northwest High,way. ?Members of the Village Staff responsible --for processing permits can attest that this construction was very difficult and needed to be handled carefully due to location of utilities and some very large trees. We had to bore under the high -way, being carefui not to damage the nearby utilities and trees. _7r fact, due to these complications, the oer-mittina process was delayed and took over nine (9) days. While this is not the fault of the Village, but rather it's diligence in helping us accomplish safe construction, it - did delay the process. ACA An Equal Opponun,ty �. Employe( These delays made it difficult to finish the work in the two week time frame 1 indicated to the board on March 20, 1990. Njaverz.heless, the construction began as soon as permits were received and locates were called in. As vou know, the crews worked well in to the night on April 3rd to finish construction. We also appreciated that a member of the Village staff was at the construction site to continue to help us ensure safe construction. Mr. Perkers was installed on April 4, 1990 and is now watching cable television. I thought that you had understood that he would be installed as soon as construction was completed, ninety five percent (950) of which was done by 9:30vm on Anril 3, 1990. While T fully understand the Village's position on this construction issue, I again request that the Villages reconsider it's actions. I believe the entire construction. process shows our willingness to work closely with you and the Village. 1 apologize again for the misunderstanding surrounding the meeting of April 3rd. Again, 1 felt that you has been made aware, through daily updates, of the facts i mentioned above and the problems surrounding the construction and would update the board on them. Tn the future TC! of Illinois will submit, in writing, updates to the board when representatives are unable to attend meetings. Sin er Mark Hass General Manager CC'. Mayor, Gerald Farley Trustee, Ralph Arthur Trustee, Ddark Busse Trustee, Timothy Corcoran Trustee. Leo FlOros Trustee, George Van Geem Trustee, Theodore Wattenberg john Fulton Dixon tutu! r.4 ^ 2/l4/89 n�E____ Village ufMount Prospect 0 Cable Administrator's Office 50 S. Emerson St. 0 Mount Prospect Illinois 60056 0 312/392-6000 CABLE TELEVISION COR8PL�N�REC�WESTFOR8H FILE NUMBER 21480P0 _ Bruce H. Perkers Limited (Bruce Perkers) 259-0090 SUBSCRIBER NAME HOMEPH. BUS. PH, 1350 W. Northwest Hwy, ADDRESS CITY ZIP CODE FILE CODE: 11 RECEPTION OCUSTOMER SERVICE 0RE8TDRAJ|ON OPHONES OB|LL|NG Wants [�OTHER V ts service VIOLATION: FRANCHISE SEC. NO. COMMUNICATIONS CODE SEC. NO— OREOUEGTONLY OFOLLOW-UP COMPLAINT OREPEAT COMPLAINT 11 COMPLAINT Has called TCI three times to request quote for service. No calls RESPONSETDCOMPL\NT 10:I0 a.m. - Sharon will handle C'^-4-&e� LETTER SENT — - -- Date ON U D Date .4 E. Reinhard / CABLE COMPANY—Please forward response to complaint within 10 business days to Village. COPY DISTRIBUTION: WHITE/SUEWECTFILE—YELLOW/CABLENETASSOCIATES—PINK/SUBSCRIBES—GOLD/N.WM.C.C. L L; i.,J Village of Mount Prospect 0 Cable Administrator's Office 50 S. Emerson St. 0 Mount Prospect, Illinois 60056 * 312/392-6000 CABLE TELEVISION COMPLAINT/REQUEST FORM DATE 11/20/89 FILE NUMBER 112089Po(2) Bruce Per*±ns Limited ( Bruce Pe�ns) 259-0090 SUBSCRIBER NAME HOME PH.. BUS. PH. 1350 W. Northwest Highway ADDRESS CITY ZIP CODE FILE CODE: 11 RECEPTION 0 CUSTOMER SERVICE El RESTORATION C1 PHONES C1 BILLING MOTHER Construction VIOLATION: FRANCHISE SEC. NO. COMMUNICATIONS CODE SEC. 0 REQUEST ONLY 0 FOLLOW-UP COMPLAINT 0 REPEAT COMPLAINT El COMPLAINT Has been requesting service since Febryary 1989, has not received any quotes after many OX40 phone calls. RESPONSE TO COMPLAINT Contact Daiid Rhodes ( 640-1500 ) property Manager. 2:45 11/20 NA; 2:50 Greg. B. N/A; 11/21 Greg B. design not approved by TCI. Expects service early next year. Village to require service no later than Feb. 28, 1990. copy ',Tt)d$X;6 Trustee Van Geem, Mark Hess . ......... . ......... 2Z8/20-,Xr..?erkers called to say that he had not yet been contacted b0 TCI. 3/9/90 -Cheryl contacted TCI. 'Mark Hess not in, so spoke to GregPoesiger who reported no design problem. He thouaht Sales had taken care of. He will callxr. FerRers. CHUTE will cuU-7=-5;� 11/27/89 RES 0 ERE 9., D to STAFF NAME-�--' =E "I E DZ�IRCTOF�S'IG - N-OFFMA7E CABLE COMPANY—Please forward response to complah t within usmess days to Village. COPY DISTRIBUTION: WHITE/SUBJECT FILE—YELLOW/CABLENET ASSOCIATES—PINK/SUBSCRIBER—GOLD/N.W.M.C.a 3 -9 -90 --Cheryl sent notice of violation by certified mail to TCI. 3 -13 -90 --Received response from TCI. Answered back with corrections to response letter. 3 -16 -90 --Called TCI for update. Mark Hess not available. Spoke to Dan Budinger. He indicated that the state permit will be applied for soon. This permit normally takes two to three weeks. Dan hopes that he can get a permit in one week. It will then take one to two weeks for locates and construction crew to be set. It will then be turned over to sales. When asked why this was not being fed off the same trunk lines feeding the residential area behind this building, Dan indicated that that line was already at capacity. TCI will plan to bring service from across Northwest Highway. Dan indicated that he was given this project today because of it's "hot" status. 3 -19 -90 --Mark Hess returned call. He indicated that he felt the primary service area was for residential only. Cheryl informed him that municipal code & franchise stipulate all incorporated areas of the Village. Since deadline of 3-16-90 was not met nor was a waiver sought, Cheryl will take complaint to the Manager/Village Board. 3/19/90 --Mark Hess called again to say that TCI had received verbal approval for their State permit. He will have Dan Budinger call Cheryl with details. Dan called and indicated he would rush plans to Public Works for the Village permits. Dan indicated that he would like to get this through quickly so that he can have a crew start construction on Friday. Cheryl spoke with Jerry MacIntosh at Public Works and informed him of the situation. He will keep Cheryl updated. 3/28/90 --,Terry McIntosh of Public Works issued permit for TCI to begin construction after review of plans that had to be re -submitted due to the close proximity to private property. 3/29/90 --.Cheryl spoke to Dan Budinger of TCI and he reports that locates will be called in today. Providing all goes well, locates will be in place by Mon., April 2. If that is 4cconplished and weather allows, construction will begin on April 2. Since TCI must bore under all the trees in the parkway, construction will be a little tricky. Dan feels it will be done, best case scenario, by April 4. Sales will then be contacted and will in turn contact Mr. Perkers. Cheryl asked why Sales could not call Mr. Perkers in advance, and was told that it would not be the usual procedure. Dan feels earliest Mr. Perkers could ')have service would be April 5. 4/3/90 --Cheryl was informed by Mark Hess during meeting on modifications that Mark will not be able to attend Board meeting. 4/3/90—Cheryl informed Village Board of where the Perkers complaint stood. Cheryl reported that construction did begin today and crews were still working at 5:00 p.m. The Village Board voted to impose the penalty provisions as outlined in the Cable Communications Code. Cheryl is to notify TCI of the Board's action. 4/4/90 --Cheryl had a letter of notification of the Board's action of 4/3/90 on the Perkers complaint hand -delivered to TCI. TCI reports that Mr. Perkers was installed on this date by late afternoon. Mark Hess reports that TCI crews worked until 9:30 p.m. on 4/3/90 to complete construction in the parkway and then completed all additional work on 4/4/90. Sales then contacted Mr. Perkers on 4/4/90. Cheryl called Mr. Perkers to verify. He reports that he does have service and thanked the Village for assistance. Cheryl will continue to work with the Board, TCI, and the Village attorney of record on the imposition of penalties. MAYOR GERALO L PARLEY TRUSTEES RALPH W ARTHUR MARK W. BUSSE TIMOTHY J. CORCORAN LEO FLCRCS GEORGE A. VAN GEEM THEQQCPE J. WATTENSERG Village of Mount Prospect VILLAGE MANAGER JOHN FULTON OIXON VILLAGE CLERK 100 S. Emerson Mount Prospect, Illinois 60056 CAROL A. FIELDS Phone 312 / 392-9000 CERTIFIED MAIL P 396 083 983 ... November 27, 1989 Mr. Mark Hess, General Manager TCI of Illinois 1201 Feehanville Drive Mount Prospect, Il. 60056 Dear Mr. Hess: On February 14,1989, Mr. Bruce Perkins of Perkins Limited, 1350 W. Northwest Highway, contacted the Village to request service for his business. At that time, he stated that he had called TCI three (3) times and had not received a call back. The Village notified TCI, on that same date, of Mr. Perkins request. On February 15, 1989, Sharon Galey reported that Mr. Perkins was being turned over to sales and that a right -of -entry from the owner would be needed for work to begin. The Village did not hear from TCI, or Mr. Perkins, and assumed that the work had begun and was, by this time, completed. In a review of subscriber complaints on November 15, 1989, Mr. Perkins informed the Village that he still had not had a quote from TCI for the work. Gerg Boesigner was contacted and so was Mr. David Rhodes, the property manager. Both agreed that the ROE and the contract had been signed. In speaking to Greg, he noted that the delay was in the design approval. It seems that the subcontractor had not designed the project in an acceptable manner. Greg also noted that a part of the problem was that this address has been tied into the Arlington Heights system and that had also caused a delay. Certainly Mr. Perkins has waited long enough. Prospect is requiring that this business be than February 28,1990. Should TCI be unable tha date, it must seek a waiver from Advnistrator. Said waiver may, or may not, IIX-r- Giet ion Administrator c: Mayor Farley Trustee George Van Geem Village Manager The Village of Mount serviceable no later to provide service by the Cable Television be granted. perkins CERTIFIED MAIL Mr. Mark Hess General Manager TCI of Illinois 1201 Feehanville Drive Mount Prospect, IL 60056 Dear Mr, Hess: This letter is to serve as notice that TCI of Illinois is in violation of Sec. 6.607 Subsection A of the Mount Prospect Village Code for failure to provide cable service within 30 days of request. As you can clearly see from the attached complaints received in the Cable Television Administration office, Mr. Bruce Perkers began requesting service in February, 1989. After repeated attempts by the Village of Mount Prospect to compel TCI to comply, a certified letter was sent to your attention on November 27, 1989 that gave TCI until February 28, 1990 to provide service to Mr. Perkers or to request a waiver from the Cable Television Administrator. As of March 8, 1990, Mr. Perkers had still not been contacted in any way by TCI, and I have not received any request for waiver. I spoke to your engineer, Greg Boesiger, today, and he indicated that there were no design problems now standing in the way of this installation. He indicated that he was under the impression that this complaint had been handled by the Sales Department of TCI. If Mr. Perkers is not provided with service by the end of the business day on March 16 or proof of why service cannot be provided is not issued by that date, I will be forced to go to the Village Board and request that fines of $200 per day, effective from the date of March 1, 1990, be levied against TCI of Illinois. Sincerely, Cher L. Pas a�k alic Cable Television Administrator cc: Mayor Farley Trustee Van Geem Village Manager MAYOR GERALD L. FARLEY TRUSTEES RALPH W- ARTHUR MARK W BUSSE TIMOTHY J. CORCORAN LEO FLORCS GEORGE R. VAN GEEM THEOOOREJ. WATTENSERG Village of Mount Prospect VILLAGE MANAGER JOHN FULTON OIXON VILLAGE CLERK 100 S. Emerson Mount Prospect, Illinois 60056 CAROL A. FIE -LOS Phone: 708 / 392-6000 Fax: 708 / 392-6022 March 9, 1990 CERTIFIED MAIL Mr. Mark Hess General Manager TCI of Illinois 1201 Feehanville Drive Mount Prospect, IL 60056 Dear Mr, Hess: This letter is to serve as notice that TCI of Illinois is in violation of Sec. 6.607 Subsection A of the Mount Prospect Village Code for failure to provide cable service within 30 days of request. As you can clearly see from the attached complaints received in the Cable Television Administration office, Mr. Bruce Perkers began requesting service in February, 1989. After repeated attempts by the Village of Mount Prospect to compel TCI to comply, a certified letter was sent to your attention on November 27, 1989 that gave TCI until February 28, 1990 to provide service to Mr. Perkers or to request a waiver from the Cable Television Administrator. As of March 8, 1990, Mr. Perkers had still not been contacted in any way by TCI, and I have not received any request for waiver. I spoke to your engineer, Greg Boesiger, today, and he indicated that there were no design problems now standing in the way of this installation. He indicated that he was under the impression that this complaint had been handled by the Sales Department of TCI. If Mr. Perkers is not provided with service by the end of the business day on March 16 or proof of why service cannot be provided is not issued by that date, I will be forced to go to the Village Board and request that fines of $200 per day, effective from the date of March 1, 1990, be levied against TCI of Illinois. Sincerely, Cher L. Pas a�k alic Cable Television Administrator cc: Mayor Farley Trustee Van Geem Village Manager 1201 Feehanville Drive Mt. Prospect, Illinois 60056 (312) 299-9220 March 13, 1990 Mof Illinois, Inc. Ms. Cheryl Pasalic Cable Television Administrator 50 South Emerson Mount Prospect, 1L, 60056 Dear Cheryl, am writing with regards to your recent letter dated March 9, 1990. In order to build cable plant to the building in question, we will need a State Permit. We will file for the permit toddy, March 13, 1990. We fully intend to build service as the Village has requested. It is our position, however that address in question, 135 W. Northwest Highway, is not part of the primary service area as described in Section 6.601 A of your ordinance and therefore is not governed by section 6.607 C. There are not 50 dwelling units per mile in this area and we believe it is an area where a charge for installation, as described in Section 6.603 A, is necessary. As far as I know, Mr.Perkins has not agreed to such a charge. Since the Village has requested this construction, we will proceed with it and construction will begin as soon as a State Permit is received. Until that time and since Section 6.607 A does not apply, I encourage you to reconsider levying fines against TCI of Illinois. Sire e' y Mark lf—e!is General Manager cc: Mayor, Gerald "Skip" Farley Trustee, George Van Geem Village Manager, John Dixon MH/kg An Equal 00portunify Employer Phone: 706 / 3S2-6000 CERTIFIED MAIL Fax: 70e / 3S2.6022 March 13, 1990 Mr. Mark Hess General Manager TCI of Illinois 1201 Feehanville Drive Mount Prospect, IL 60056 Dear Mr. Hess: I am writing in response to your reply letter of March 13, 1990 regarding service to Mr. Bruce Perkers of 1350 W. Northwest Highway. There are some errors in your response which I feel need to be clarified. I First of all, the address in question is 1350 not 135 as stated in your letter. This address is in our primary service area and in the incorporated limits of the Village. I do not understand your reference to Section 6.607 C of the Village Code as it has nothing to do with this issue. I previously cited Section 6.607 A in my notice of violation dated March 9, 1990. You cite Section 6.603 A stating that there are not 50 dwelling units within a mile- of this area as outlined in this Section. That Section does not address the number of dwelling units, but rather serving isolated service areas measuring over 150 feet from the nearest trunk or feeder cable pursuant to qualifying under Sections 6.601 or 6.602. Section 6.602 addresses dwelling units. After consulting with the Inspection Services and Planning and Zoning Departments of the Village, there are considerably more than 50 dwelling units per mile in this area. in fact, within a 4/10 mile area of this building, there are more than 73 dwelling units according to our Planning and Zoning Department. With regards to Mr. Perkers agreement to a charge, there should be no charge unless proof can be given that this is an isolated service area via Section 6.602. In addition, Mr. Perkers has not agreed to such a charge as he has never even been contacted by TCI of Illinois. GERALAYOR D I..cARLEY TRUSTEES ji RALPH W ARTHUR IM W. BUSSE TIMARK MOTHY J. CO 2CORAN • LEO FLORCS GEORGE A. 'IAN GEEM RE J. WAT7ENBE HEOGG RG Village of Mount Prospect VILLAGE MANAGER 'JOHN FULTON OIXON VILLAGE CLERK 100 S. Emerson Mount Prospect, Illinois 60056 CAROL A. FIELDS Phone: 706 / 3S2-6000 CERTIFIED MAIL Fax: 70e / 3S2.6022 March 13, 1990 Mr. Mark Hess General Manager TCI of Illinois 1201 Feehanville Drive Mount Prospect, IL 60056 Dear Mr. Hess: I am writing in response to your reply letter of March 13, 1990 regarding service to Mr. Bruce Perkers of 1350 W. Northwest Highway. There are some errors in your response which I feel need to be clarified. I First of all, the address in question is 1350 not 135 as stated in your letter. This address is in our primary service area and in the incorporated limits of the Village. I do not understand your reference to Section 6.607 C of the Village Code as it has nothing to do with this issue. I previously cited Section 6.607 A in my notice of violation dated March 9, 1990. You cite Section 6.603 A stating that there are not 50 dwelling units within a mile- of this area as outlined in this Section. That Section does not address the number of dwelling units, but rather serving isolated service areas measuring over 150 feet from the nearest trunk or feeder cable pursuant to qualifying under Sections 6.601 or 6.602. Section 6.602 addresses dwelling units. After consulting with the Inspection Services and Planning and Zoning Departments of the Village, there are considerably more than 50 dwelling units per mile in this area. in fact, within a 4/10 mile area of this building, there are more than 73 dwelling units according to our Planning and Zoning Department. With regards to Mr. Perkers agreement to a charge, there should be no charge unless proof can be given that this is an isolated service area via Section 6.602. In addition, Mr. Perkers has not agreed to such a charge as he has never even been contacted by TCI of Illinois. In your summation you state that you will proceed with serving this request as soon as you receive a state permit, but that Section 6.607 A does not apply, so the Village should reconsider levying fines against TCI of Illinois. Why was this permit not obtained when the complaint was filed in February, 1989, and then again when TCI was placed on notice by Karen Giet in November, 1989? Your response does not indicate what this permit is needed for nor why service is not provided in that area currently as required. No waiver was ever requested for this. in conclusion, the Village is happy to hear that TCI of Illinois plans to provide service to this requestor, however, more than adequate time and notice have elapsed on this request. Unless the requested service or proof of why service can not be provided are submitted by the end of the business day March 16, the Village will be forced to pursue levying fines against TCI of Illinois in the amount of $200 per d4y starting from March 1, 1990. Sincerely, Chery7L. `P`a�salic Cable Television Administrator CLP: sn cc: Mayor Farley Trustee Van Geem Village Manager Dixon NWMCC Village of Mount Prospect M t Prospect, Illinois INTEROFFICE MEMORANDUM �1111H TO: Mayor, Village Board, and Village Manager FROM: Cheryl L. Pasalic, Cable Television Administrator DATE: March 27, 1990 RE: Update on TCI Progress with 1350 W. Northwest Hwy. As requested, I have been following the progress of TCI of Illinois in the Perkers complaint at 1350 W. Northwest Highway. TCI has not been granted a permit by the Village of Mount Prospect to begin construction because of design errors in the plans submitted by TCI. According to Jerry McIntosh, the person who grants such permits for the Village, TCI's plans were too close to the private property line of a parcel than they should•be. Dan Budinger of TCI has taken the plans back for revisions and will resubmit them to Jerry at Public Works on Wednesday. If those plans are approved, a permit will then be issued immediately. TCI will then need to have locates done and schedule a work crew. It is anticipated that construction could not begin until Friday or Saturday at the earliest or early next week if locates take longer. It is not possible to say definitely that TCI will have Mr. Perkers installed as hoped by the Board meeting next week. I will continue to monitor the status of this complaint and I will keep you apprised. Village of Mount Prospect MOL 'rospect, Illinois INTEROFFICE MEMORANDUM TO: Mayor, Village Board, and Village Manager FROM: Cheryl L. Pasalic, Cable Television Administrator DATE: March 29, 1990 RE: Update on Perkers complaint -1350 W. Northwest Highway As directed at the March 20 Village Board meeting, I am reporting back to you on whether Mr. Perkers of 1350 W. Northwest Highway will be installed with cable service by April 3 as requested. Mr. Perkers will not have service yet by this date, but significant progress has been made on the complaint since my last report. As I reported last week, TCI was sent back to the drawing board with their designs for getting cable to this site because of errors in the proximity to private property. Revised plans were submitted on Wednesday, March 28. After inspection by Jerry McIntosh of Public Works, a permit for construction was issued late in the day on March 28. According to Dan Budinger of TCI, locates were called into J.U.L.I.E. by this morning. Providing all goes as hoped, he will have those locates in place by Monday, April 2. If that is accomplished, and weather allows, construction will begin on Monday, April 2. construction, including boring under Northwest Highway, and boring under all the trees in the parkway along the highway, will be a little tricky. If all goes well, in the best case scenario, construction will be done by Wednesday, April 4. The TCI Sales Department will then be contacted and will proceed with contacting Mr. Perkers. I inquired why Mr. Perkers had not been contacted yet and was told that that would not be the usual procedure. Potential customers are contacted after cable is available. I have placed a call to Mr. Perkers to update him. The earliest that Mr. Perkers could possibly have service would be Thursday, April 5. This does not seem likely as that would be less than 24 hours from the earliest time it could be turned over to Sales. I would anticipate service to realistically go into effect between April 6 and April 13. I will continue to monitor the progress of this complaint and will have a further update for you at the April 3 Village Board meeting. I am anticipating the attendance of Mark Hess of TCI at this meeting for any questions you may have. Village 0.4 Mount Prospect M6.,t Prospect, Illinois -4 D UM INTEROFFICE MEMORANDUM S7, TO: MAYOR, VILLAGE BOARD, VILLAGE MANAGER FROM: CHERYL L. PASALIC, CABLE TELEVISION ADMINISTRATOR DATE: APRIL 3, 1990 RE: UPDATE ON PERKERS COMPLAINT - 1350 W. NORTHWEST HWY. To update you further on the Perkers complaint, as I indicated in my earlier memo, a permit for the construction to 1350 W. Northwest Highway had been granted to TCI. This permit is to bring existing plant over to this area so that the building can have service. The actual installation of Mr. Perkers will have to take place following the availability of active cable plant. The locates for the construction area were performed yesterday. Actual construction began today which will require the contractor to bore under all the trees in the parkway for a significant stretch along Northwest Highway. Dan Budinger of TCI indicated to me this morning by phone and again by message this afternoon that construction was underway and that he hoped to have the plant into the parkway by tonight or early tomorrow. Following the completion of plant construction, splices will be made to the lines that will go to the actual building. This is anticipated to take place tomorrow if all goes well. Following the splice, the area will be considered ready for service, and will then be turned over to TCI Sales. The earliest sales will be authorized to contact Mr. Perkers will be Thursday if all goes well in the next few days. With regards to TCI response, there has definitely been considerable movement on this complaint in the last few weeks, but only after TCI failed to meet the original deadline and was officially notified of the violation by certified mail on March 9, 1990. This letter was received by TCI on March 12, 1990 and TCI was given until March 16, 1990 to again request a waiver or grant service. Karen Giet's letter of November 27, 1989 does not specifically address penalties to be imposed, it does serve as notice and opportunity to cure. TCI was given more than the Northwest Municipal Cable Council's required 45 days to cure this situation as well as our additional notice and opportunity to cure. At the last Village Board meeting, Mark Hess of TCI indicated that Mr. Perkers would be completely installed by the end of last week barring any complications. Since that time, and subsequent to the following Committee of the Whole Meeting, service is still not available. No specific complications have been brought to my attention. Mr. Perkers will not be able to receive service for several days yet at best. TCI has been given a total of over 4 months to extend their cable plant to an area that should have already been ready to be served. While TCI is now making an effort in the thirteenth hour to get this complaint resolved, it has dragged on for over a year. Unfortunately, Mr. Hess will not be in attendance at the meeting this evening due to another commitment. He asked me to update you on this complaint for him. I wish I could report that this has been resolved, but it has not as of this date. While I am certainly not an attorney, I would say that my predecessor and I have documented this complaint very thoroughly, and as TCI has fully admitted, this is definitely a violation, and would be subject to the penalty provisions in the Village Cable Code if you so choose. I might add that in a conversation I had with Mr. Hess today, he expressed that he would challenge our current ordinance. My recommendation on this situation would be that the Village faces setting a precedent on the enforcement of complaints and violations of the franchise agreement and ordinance. I do not wish to create an adversarial situation, but as your advisor on such matters, I must keep you apprised of your rights and responsibilities under the current contract and laws. My only caution to you, should you choose to levy penalties, would be the likely legal action TCI would undertake to challenge. The Cable Act clearly gives municipalities the right to set Customer Service standards to ensure compliance with the Act. This is the leverage that cities are left with following rate deregulation. Mount Prospect has a very good, strict set of standards that TCI would like to loosen if given the opportunity. My opinion is that these standards would stand up in court. I will be on hand to answer any questions you may have this evening. Mr. Mark Hess General Manager TCI of Illinois 1201 Feehanville Drive Mount Prospect, IL 60056 Dear Mark, I am writing to let you know that the Village Board voted to take action on the Perkers complaint at the Board meeting last evening, April 3, 1990. You will receive correspondence on the action to be taken very shortly. Should you now or in the future wish to arrange a time to address the Village Board, I would be happy to assist in getting your request on the meeting agenda. It is regrettable that you did not attend this meeting. When you appeared before the Board on March 20, 1990, the Board made clear to you and took action to the effect that this matter would again be addressed at the April 3 meeting and that TCI should have an update for the Board at that time. During your discussion with me yesterday, I again indicated to you that this subject would be addressed at that evening's Board meeting. I hope that we can see Mr. Perkers provided with service as expeditiously as possible. Please do not hesitate to contact me with updates on the progress of Mr. Perkers' complaint. Sincerely, Cheryl)L. Pasalic Cable Television Administrator CLP:sn cc: Mayor Village Board Village Manager Attorney of Record MAY" GERALD L FARLEY T001117"s RALPH W ARTHUR MARK W. 8USSE TIMOTHY CORCORA J.N LEO FLOPOS GEORGE A. VAN GEEM THEODORE J. WATTENBERG Village of Mount Prospect VILLAGE MANAGER JOHN FULTON DIXON VILLAGE CLERK 100 S. Emerson Mount Prospect, Illinois 60056 CAROL A. FIELDS Phone: 706 / 392-6000 Fax: 706 / 392-6022 April 4, 1990 Mr. Mark Hess General Manager TCI of Illinois 1201 Feehanville Drive Mount Prospect, IL 60056 Dear Mark, I am writing to let you know that the Village Board voted to take action on the Perkers complaint at the Board meeting last evening, April 3, 1990. You will receive correspondence on the action to be taken very shortly. Should you now or in the future wish to arrange a time to address the Village Board, I would be happy to assist in getting your request on the meeting agenda. It is regrettable that you did not attend this meeting. When you appeared before the Board on March 20, 1990, the Board made clear to you and took action to the effect that this matter would again be addressed at the April 3 meeting and that TCI should have an update for the Board at that time. During your discussion with me yesterday, I again indicated to you that this subject would be addressed at that evening's Board meeting. I hope that we can see Mr. Perkers provided with service as expeditiously as possible. Please do not hesitate to contact me with updates on the progress of Mr. Perkers' complaint. Sincerely, Cheryl)L. Pasalic Cable Television Administrator CLP:sn cc: Mayor Village Board Village Manager Attorney of Record PC/caf 4/12/90 RESOLUTION NO. A RESOLUTION ACKNOWLEDGING A VIOLATION OF THE CABLE COMMUNICATIONS CODE BY TCI_ INC. WHEREAS, the Cable Communications Code (Chapter 6) of the village Code of Mount Prospect requires that a cable television franchise Grantee fill all requests for CATV service within 30 days of a request; and WHEREAS, pursuant to a complaint by Mr. Perkers of 1350 West Northwest Highway, Mount Prospect, originally made in February, 1989, investigation by the Cable Administrator's Office, and inquiry by the Village Board of Mount Prospect, the Village Board has found the Grantee TCI of Illinois -in violation of that provision as a result of its failure to provide cable service; and WHEREAS, the Grantee was given notice, afforded an opportunity to cure the violation, and given an opportunity to appear before the Village Board and be heard; and WHEREAS, the Village Board assessed a fine, pursuant to Section 6.712.B.1 of the Cable Communications Code, of $200.00 per day from March 20,1990 through April 4, 1990, totalling $3,000.00; and WHEREAS, the Grantee provided service to the Grantee subsequent to the Village Board's assessment of the fine. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE:. In recognition of the Grantee's provision of service and expressions of intent to avoid such violations in the future, the Village Board will exercise its discretion and refrain from collecting a fine. SECTION TWO: This action is not, and shall not be construed as being a limit upon or precedent for any future actions by the Village Board in connection with other findings of violations. SECTION THREE: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of ATTEST: Carol A. Fields Village Clerk Gerald L. Farley Mayor 0 , 1990. Village of ospect, IlliMount noisprospect Mo " Pr INTEROFFICE MEMORANDUM TO: John F. Dixon, Village Manager FROM: Cheryl L. Pasalic, Cable Television Administrator C DATE: April 11, 1990 1 RE: Franchise Violation Hearing Procedures Upon review of the Cable Communications Code of the Village of Mount Prospect, I would recommend that the attached resolution outlining procedures for future franchise violation hearings. Upon advice of counsel, this will eliminate any possibility that a cable operator could question due process rights. Given the possibility of violations in the near future, I would recommend immediate passage of this resolution. This would, of course, follow passage of the previous resolution I submitted to you with regards to the Perkers complaint. By way of copy of this memo, I am giving the Village Clerk the opportunity to put this resolution in the form necessary for Board consideration. cc: Village Clerk CP/caf 4/12/90 RESOLUTION NO. A RESOLUTION ESTABLISHING PROCEDURES FOR HEARING RELATIVE TO VIOLATING THE 9ABLE COMMUN19MIONS CODE WHEREAS, Chapter 6 entitled "Communications Code" of the Village Code of Mount Prospect, as amended, sets forth the guidelines and procedures for the operation of a cable television system by a franchised cable operator; and WHEREAS, the Cable Communications Code outlines the penalties for violation of said Code; and WHEREAS, outlined in the Cable Communications Code, the Franchisee is given notice of a violation of said Code, the opportunity to cure the violation, and the opportunity for a presentation to the Village Board. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: The following hearing procedures are hereby established when considering a violation of the Cable Television Franchise Agreement: 1. After the Franchisee has been issued a notice of violation and has had the opportunity to cure as outlined by the Cable Communications Code, the Franchisee, found to be in violation by the Cable Television Administrator, will be scheduled to appear at a public hearing before the Village Board at the earliest available Village Board or Committee of the Whole meeting. The Franchisee shall be notified in writing of the date, time, and location of the hearing. 2. The Franchisee will be given the opportunity to present materials and testimony relevant to the violation before the Village Board, public in attendance, and public viewing the hearing live on cable television. 3. In lieu of attendance at this public hearing, the Franchisee may submit a written presentation to the Cable Television Administrator prior to the hearing. The Cable Television Administrator shall submit the written presentation in full to the Village Board upon receipt. Submission of a written presentation by the Franchisee shall constitute a waiver by the Franchisee of its opportunity for a hearing before the Village Board. 4. Immediately following said public hearing or written presentation, the Village Board shall decide by majority vote: A. To reaffirm the finding of violation by the Cable Television Administrator. B. If violation is reaffirmed, whethev penalty provisions will be imposed. 5. Franchisee will be notified in writing of the Village Board decisions. 6. The aforementioned procedures are not, nor shall they be Cable TV Hearing Procedures Page 2 of 2 construed to be, any limitation upon rights granted to the municipality by the Cable Communications Code. SECTION TWO: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of , 1990. Gerald L. Farley Mayor ATTEST: Carol A. Fields Village Clerk Mount Prospect Public Works Department INTEROFFICE MEMORANDUM Un Crff tU TO: Village Manager FROM: Director Public Works DATE: March 16, 1990 SUBJECT: Detention/Storm Water Improvement - Melas Park On March 13, 1990, sealed bids were opened for a contract to reroute the storm water from the Public Works facility to a new area in Melas Park and to provide compensatory storage as re- quired by MWRD regulations. This work is being done to increase the usable recreation area at Melas Park that is currently being contemplated by the Mount Prospect and Arlington Heights Park Districts. Attached are the bid tabulation and recommendation presented by our consulting engineer, Donohue and Associates, Inc. They recommend acceptance of the lowest bid as submitted by MAEg=_ stru Martam's base bid was for $89,420, which included sodding the new detention basin area. There is an alternate method of awarding the bid by substituting grass seed and mulch,in lieu of sod, for a $17,420 savings. I would recom- mend that we take advantage of this cost savings and award the bid to Martam Construction Inc. in an amount not to exceed $72,000. ��Qbxt Herbert L. Weeks HLW/td attach. March 16, 1990 Honorable President and Board of Trustees Village of mount Prospect 100 South Emerson Street Mount Prospect, Illinois 60056' ENGINEERS Attn: John Dixon, Village Manager ARCHITECTS SCIENTISTS Re: Detention Improvement - Public Works Building, Melas Park Storm Sewer Donohue Project No. 17201 Dear President Farley and Trustees: Pursuant to the Official Notice to Bidders, sealed bids for the above referenced projects were received at the office of the Village Manager, John Fulton Dixon on March 13, 1990, at 10:00 A.M. and publicly opened and read aloud. We have reviewed all the bids received for the Detention Improvement Contract and have attached a copy of the Bid Tabulation for your information. We take this opportunity to submit to the Village Board our writ- ten recommendations concerning the Conditional Award of Contract. Six sealed bids were received for the Detention Improvement - Public Works Building. The low bid was submitted by Martam Construction, Inc., of Glen Ellyn, Illinois in the amount of $89,420.00. The second low bid was submitted by William J. Olson of Rosemont, Illinois in the amount of $95,280.45. It is our opinion that the low Bidder on the Contract submitted a responsive bid and is qualified and capable of performing the work as specified. It is therefore recommended that the Contract for Storm water detention improvements to service the Public Works building be conditionally awarded to Martam Construction, Inc.in the amount of $89,420.00. 9 150/ Wxxifteld Road Suite 200 East Schaumburg, Illinois 60173 708605.8800 Telefax 7086058914 There is an opportunity to reduce the price of this construction if seeding is substituted for the sodding called for in the con- struction documents. A supplemental unit price was bid for seeding with mulch to be used if temporary erosion control was required on areas where the excess excavated material was spread. Martam Construction in a telephone conversation of March 15th stated that they would be agreeable to the deletion of sodding from the contract and utilizing seeding at the supplemental bid price. This change would result in a decrease in the contract amount of $17,420 yielding a revised total of $72,000.00. If this ENGINEERS reduction is desired, the Village may wish to conditionally award ARCHITECTS the contract contingent on the change from sodding to seeding at SCIENTISTS the unit prices bid. We will be pleased to answer any questions concerning the recom- mendations set forth herein. Very truly yours, DONOHUE & ASSOCIATES, INC. Thomas J. Rowlett Senior Civil Engineer TJR:dlc enc: Tabulation of Bids T/L/CT7 Mr. John Dixon March 16, 1990 Page 2 A B U t A T 1 0 R O F B 1 0 S DONOMIE S ASSOCIATES, INC. .......................m_.,...,.__.._____.__.-----___.__. .ETENTION IMPROVEMENTS - PUBLIC WORKS BUILDING WIVE -VINCENT DIVITO. I AND 23 W. 050 MSS ST. QVICIPMITY: VILLAGE OF MOUNT PROSPECT DATE: 13 IAN 90 ADDRESS GLEN ELLYN. It. 60 TINE: 10:00 AN OE ......................................................»..... BIDDER 700-690-9181 A....._..... _...._ -_...... -ITEMS UNIT DMTITVa .......__ -_...... UNIT COST tOTAti, _.._.....aa» ...... ......... . I_ UNCLASSIFIED EXCAVATION AS SPEC. LOM t „------, ......... _ IBM SUN 1 5000 '. TOPSOIL 4" AS SPEC. 50. 5800 YARD 4 2 S. SODDING-SMAN T TOLERT AS SPEC. SD. YARD .. PAVEMENT REIOVM AND SITUIINOUS SO. 23 37 051 SEPLACEMENT 9•.AS SPEC. YARD 2775 ;. RESTRICTOR ASSENBIY, COMP AS SPEC. LUP SUN 42.5 13600 >. 27" SIDON UNIX, COW. AS SPK LINEAR 320 FEET ?. ST— SEVER, . AS SPEC. LINEAR 635 20 1� FEET 3. 21" —INTO SEWER: COMP. AS SPEC.. LINEAR 10 245 2450 FEET 7, S£LOCAY 00 OF EX�1ST12 FLARED LUMP 400 END SECTION AND GRATE. COMP. AS SPEC. SIM 10. I2- FLARED END SECTION UITN GRATE. M-91 200 200 M LO. AS SPEC i1. E DIAMETER, COMAS SPEC m EACN 1 1900 -J M .2. E 60- OIAMETER. COMP. AS SPEC. EACN 1 1JOO IM 33, IANNOLE 46+- 01AMEtER WITH EACH 1 4 006 4m DROP CONNECTION, CONPL AS SPEC. !4, -TCM BASIN ii- 61ANQiFR. EACH 1 t800 1800 COMP. AS SPEC. l5> -'C* BASIN - DIAMTEA, EACN t 1600 16W COIF. AS I.C. NC MARIAN CONST. INC, MOSELLE E ASSOC. 810 NORTM AVE. .INC. i GLEN ELLYN. It 551 EDENS LANE 60137 :MORMTFIELO.IL 60093 708-790-1414 ';:706-446-7095 Wlt-COS7� TOTAL !---T COST .TO2�- ____________.._..----- .--_.. JAMERICAN SYSTEM IN CokSTSUC, INC. III 45S EASsi TS51-9OUNXDEE,IL60116 j�RTiB#390 4T2i 60018 1117401 CCaWIR4-354I LM25111 UNIT COST.-TO12AiXNNT COSI 11765`7tANIT COSTj__!14A900 I A R U L A T 1 0 N 0 1 H t D S COMMIE R ASSOCIATES. INC. ,ETENTIOM IMPROVEMENTS - PUBLIC UORHS BUILDING .NAME UID #NIICIPALITY. VILLAGE OF MOUNT PROSPECT DATE: 13 RAI 90 AGREES$ TIME: 10:00 AM if BIDDER ....__a_,......-. ITENS....__.__,,..._.. .Q4N11--. OLWITITY ...._. 16. INET COW. AS SPEC. EACH 2 IT. RIPlW COW. AS WE S0. YARD 1S, NAY WE$ COMP. AS SPEC. EACH i . TREE TRANSPLANT _ EACN i1 COW. AS SPEC. TOTAL SID I AS READ MICE h+�= i FORSEWNTAL TI1 OR SEEDING UIiR IUICN � LENT DIVtTO, 1NC MARTA" CONST. INC. 11IMMILE19 ASSOC. III:MEl..— -ITT- Ut1l IAN i. OLSON IIISIMItASAR GENERAL IN INC. INC NOR N EYNIL.601� �OLENf ELLYN,I IL SSI EDEELDLANTIO0. INC. EdO043 EASTENOIN9NA EEi1C8O1MROSE ONT.7IL 6001R C7401 OW1CONST4 SLOE, ILRRINGS +TOTAL'. �UNIT.COSIj_TOTALRm �(UMt,COST1__ TOTAL i- I UNIT *COSTI.`TOTAL_- I iKITxCOSTJs-TOTAL •6 UNtT`OOSTI-,TOTAL ,v Mount Prospect Public Works Department * I INTEROFFICE MEMORANDUM TO: Village Manager FROM: Deputy Director Public Works DATE: April 12, 1990 SUBJ: Bid Opening - Water Main Replacement On April 10, 1990, bids were received and opened for the replace- ment of two segments of watermain. one is 920 feet of main on Council Trail between Route 83 and Hi-Lusi Street and the other is 1000 feet of main on Oak Street between Gregory Street and Forest Avenue. Bid results as follows: Glenbrook Excavating $124,390.00 Vincent Divito, Inc. 126,497.00 Martam Construction 133,431.00 Joel Kennedy Construction 137,593.00 Vian Construction Company 141,867.25 The bid plans and specifications were developed by our consult- ing engineer, Beling Consultants. Their estimate for the project was $139,959.00. After checking and receiving favorable performance comments from all of Glenbrook's references, Beling Consulting Engineers recom- mends, and I concur, that this water main replacement contract be awarded to the lowest bidder, Glenbrook Excavating for an amount not to exceed $124,390.00. Funding for this project can be found in the 1989/90 annual budget on Page 188, Account #41- 072-10-8724. Glen R. Andler GRA/eh cc: Herbert L. Weeks Jerry McIntosh Attachments Beling Consultants April 11, 1990 Mr. Herbert L. Weeks, Director of Public Works Village of Mount Prospect 1700 West Central Road Mount Prospect, Illinois 60056 SUBJECT: . 1990 WATER MAIN REPLACEMENT PROGRAM 63067-B-81335 Dear Mr. Weeks: As you are aware, proposals for the subject project were received by the Village until 10:00 A.M., on Tuesday April 10, 1990, at the Village Managers Office. At the time of the closing of the receipt of bids, five (5) proposals were received and were publicly opened. Attached, for your use and information, is a copy of the Bid Tabulation Sheet indicating the Engineers Estimate, and also the bid prices submitted for the work items included in the project. As you can see, the low bid was received from Glenbrook Excavating and Concrete, Inc. of Prairieveiw, Illinois with a total bid of $124,390.00. In our review of the low bidders proposal, we have noted that an error was made in the extension of the PCC sidewalk removal and replacement cost, and the total shown on the Bid Tabulation Sheet is $2.00 less than the total shown on the original bid proposal form. The bid security which was submitted with the proposal meets the requirements as stated in the Advertisement for Bid. We have contacted the references given by the low bidder in regard to his performance record and have determined that the bidder has completed projects of a similar nature and magnitude to the proposed project. The Contractor has previously completed projects for the Village of Glenview and the Winnetka Park District, as well as privately funded projects involving the construction of water main systems. We would recommend, therefore, that the Village Board award the contract for the 1990 Water Main Replacement Program to Glenbrook Excavating and Concrete, Inc. for their low bid of $124,390.00. This recommendation is made under the conditions that the Contractor supply the necessary Letter of Credit in the full amount of the contract guaranteeing the faithful performance of the contract, as well as the required Certificate of Insurance showing complete coverage of all insurance required as specified in the General Conditions. Boling Consultants, Inc. Professional Engineering • Environmental Laboratory Hillcrest Center, N. Larkin Avenue at Plainfield Road, Joliet, IL 60435 / 815-729-1800 FAX / 815-729-4207 Mr. Weeks 2 April 11, 1990 If you have any questions or require additional information regarding this matter, please callus. Very truly yours, BELING CONSULTANTS, INC. allztL - - C. Daniel Albert Project Manager sj herbwk.j Enclosures cc: Mr. Glen Andler, Deputy Director of Public Works BELING CONSULTANTS, INC. CHICAGO, ILLINOIS BID TABULATION: PROJECT: VILLAGE OF MOUNT PROSPECT 1990 WATER MAIN REPLACEMENT PROGRAM 810 OPENING: TUESDAY, APRIL 10, 1990 AT 10:00 AM AT VILLAGE MANAGER'S OFFICE JOB NO.: 8-81335-63067 PAGE 1 OF 3 ENGINEER'S GLENBROOK EXCAVATING VINCENT DIVITO, INC. ESTIMATE PRAIRIEVIEW, IL. GLEN ELLYN, IL. ITEM NO. ITEM UNIT QUANTITY UNIT PRICE TOTAL UNIT TOTAL PRICE PRICE PRICE UNIT PRICE TOTAL PRICE 1 8' D.I. WATER MAIN CL 56 L.F. 1,920 $40.00 $76,800.00 $29.50 $56.640.00 $34.00 $65,280.00 2 8' GATE VALVE W/48' VAULT EA. 3 $1,800.00 $5,400.00 $1,000.00 $3,000.00 $1,400.00 $4,200.00 3 6' GATE VALVE W148' VAULT EA. 3 $1,500.00 $4,500.00 $900.00 $2,700.00 $1,300.00 $3,900.00 4 FIRE HYDRANT W/AUX. VALVES 6 BOX EA. 3 $1,500.00 $4,500.00 $2,000.00 $6,000.00 $1,400.00 $4,200.00 5 1' COPPER SERVICE RECONNECTION EA. 6 $700.00 $4,200.00 $200.00 $1,200.00 $400.00 $2.400.00 6 1' CURB STOP W/ BOX EA. 6 $425.00 $2,550.00 $200.00 $1,200.00 $100.00 $600.00 7 TRENCH BACKFILL C.Y. 755 $15.00 $11,325.00 $25.00 $18,875.00 $24.00 $18,120.00 8 8IT. CONC. PVMT. REM. d REP. S.Y. 435 $30.00 $13,050.00 ' $20.00 $81700.00 $16.00 $6,960.00 9 CONC. CURB d GUTTER REMA REP. LF. 85 $18.00 $1,530.00 $35.00 $2,975.00 $15.00 $1,275.00 10 81T. CONIC. DRIVE REM. 8 REP. S.Y. 96 $20.00 $1,920.00 = $25.00 $2,400.00 $25.00 $2,400.00 11 P.C.C. DRIVE REM. 6 REP. S.Y. 10 $50.00 $500.00 $30.00 $300.00 $30.00 $300.00 12 P.C.C. SIDEWALK REM. d REP. S.F. 22 $4.00 $88.00 $10.00 $220.00 $5.00 $110.00 13 WATER MAIN REMOVAL LF. 72 $12.00 $884.00 $50.00 $3,600.00 $12.00 $864.00 14 VALVE 8 VAULT REMOVAL EA. 2 $400.00 $800.00 $1,000.00 $2,000.00 $400.00 $800.00 15 HYDRANT W/AUX. VALVES 6 BOX REM. EA. 3 $250.00 $750.00 $500.00 $1,500.00 $800.00 $2,400.00 18 ABANDON WATER MAIN EA. 8 $400.00 $3,200.00 $200.00 $1,600.00 $800.00 $6,400.00 17 SOD RESTORATION S.Y. 405 $10.00 $4,050.00 $20.00 58,100.00 $6.00 $2,430.00 18 TRAFFIC A. DUST CONTROL L.SUM 1 $2,000.00 $2,000.00 $1,000.00 $1,000.00 $2,500.00 $2,500.00 19 1' CHLORINATIONIAIR RELEASE TAP EA. 7 $200.00 $1,400.00 $150.00 $1,050.00 $80.00 $560.00 20 BIT. MATERIAL PRIME GOAT GAL 266 52.00 $532.00 $5.00 $1,330.00 $3.00 $798.00 `TOTAL (ITEMS 1 THROUGH 20j $139,959.00 $124,390.00 $126,487.00 NOTE: DUE TO ERROR MADE IN EXTENSION OF ITEM 12, TOTAL SHOWN ON PROPOSAL FORM IS $124,392.00. BELING CONSULTANTS, INC. CIIICAGO, ILLINOIS BID TABULATION: PROJECT: VILLAGE OF MOUNT PROSPECT 1990 WATER MAIN REPLACEMENT PROGRAM BID OPENING.: TUESDAY, APRIL 10, 1990 AT 10:00 AM AT VILLAGE MANAGER'S OFFICE JOB NO.: B-81335-63067 PAGE 2 OF 3 ENGINEER'S MARTAM CONST. INC. JOEL KENNEDY CONST. ESTIMATE GLEN ELLYN, IL. GURNEE. IL. ITEM NO. ITEM UNIT QUANTITY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE 1 8' D.I. WATER MAIN CL. 56 L.F. 1,920 $40.00 $76,800.00 $44.00 $84,480.00 $39.00 $74,880.00 2 8' GATE VALVE W/48' VAULT EA. 3 $1,800.00 $5,400.00 $1,800.00 $5,400.00 $1,400.00 $4,200.00 3 6' GATE VALVE W148' VAULT EA. 3 $1,500.00 $4,500.00 $1,600.00 $4,800.00 $1,300.00 $3,900.00 4 FIRE HYDRANT WIAUX. VALVES & BOX EA. 3 $1,500.00 $4,500.00 $1,500.00 $4,500.00 $1,900.00 $5,700.00 5 1' COPPER SERVICE RECONNECTION EA. 6 $700.00 $4,200.00 $100.00 $600.00 $600.00 $3,600.00 6 1' CURB STOP WJ BOX EA. 6 $425.00 $2,550.00 $120.00 $720.00 $130.00 $780.00 7 TRENCH BACKFILL C.Y. 755 $15.00 $11,325.00 $12.00 $9,060.00 $25.00 $18,875.00 8 BIT. CONC. PVMT. REM. & REP. S.Y. 435 $30.00 $13,050.00 $26.00 $11,310.00 $25.00 $10,875.00 9 CONIC. CURB &GUTTER REM.&REP. L.F. 85 $18.00 $1,530.00 $20.00 $1,700.00 $15.00 $1,275.00 10 BIT. CONC. DRIVE REM. & REP. S.Y. 96 $20.00 $1,920.00 $20.00 $1,920.00 $14.00 $1,344.00 11 P.G.C. DRIVE REM. & REP. S.Y. 10 $50.00 $500.00 $35.00 $350.00 $50.00 $500.00 12 P.C.C. SIDEWALK REM. & REP. S.F. 22 $4.00 $88.00 $5.00 $110.00 $4.00 $88.00 13 WATER MAIN REMOVAL L.F. 72 $12.00 $864.00 $15.00 $1,080.00 $20.00 $1,440.00 14 VALVE & VAULT REMOVAL EA. 2 $400.00 $800.00 $150.00 $300.00 $300.00 $600.00 15 HYDRANT W/AUX. VALVES & BOX REM. EA. 3 $250.00 $750.00 $150.00 $450.00 $200.00 $600.00 16 ABANDON WATER MAIN EA. 8 $400.00 $3,200.00 $120.00 $960.00 $600.00 $4,000.00 = 17 SOD RESTORATION S.Y. 405 $10.00 $4,050.00 $5.00 $2,025.00 $4.00 $1,620.00 18 TRAFFIC & DUST CONTROL L.SUM 1 $2,000.00 $2,000.00. $2,000.00 $2,000.00 $2,000.00 $2,000.001 19 1' CHLORINATION/AIR RELEASE TAP EA. 7 $200.00 $1,400.00 $200.00 $1,400.00 $150.00 $1,050.001 20 BIT. MATERIAL PRIME COAT GAL. 266 $2.00 $532.00 $1.00 $266.00 $1.00 $266.00 TOTAL (ITEMS 1 THROUGH 20) $139,959.00 $133,431.00 $137,593.00 BELING CONSULTANTS, INC. CHICAGO, ILLINOIS BID TABULATION: PROJECT: VILLAGE OF MOUNT PROSPECT 1990 WATER MAIN REPLACEMENT PROGRAM BID OPENING: TUESDAY, APRIL 10, 1990 AT 10:00 AM AT VILLAGE MANAGER'S OFFICE JOB NO.: B-81335-63067 ENGINEER'S VIAN CONST. CO.,INC ESTIMATE ELK GROVE VILLAGE, IL ITEM NO. ITEM UNIT QUANTITY UNIT PRICE TOTAL PRICE UNIT PRICE TOTAL PRICE 1 8' D.I. WATER MAIN CL 56 L.F. 1,920 $40.00 $76,800.00 $46.00 $88.320.00 2 8' GATE VALVE Wt 48' VAULT EA. 3 $1,800.00 $5,400.00 $1,265.00 $3,795.00 3 8' GATE VALVE WI 48' VAULT EA. 3 $1,500.00 $4,600.00 $1,160.00 $3,480.00 4 FIRE HYDRANT W/AUX. VALVES & BOX EA. 3 $1,500.00 $4,500.00 $1,750.00 $5,250.00 5 1' COPPER SERVICE RECONNECTION EA. 8 $700.00 $4,200.00 $458.00 $2,748.00 6 1' CURB STOP W/ BOX EA. 6 „ $425.00 $2,550.00 $260.00 $1,560.00 7 TRENCH BACKFILL G.Y. 755 $15.00 $11,325.00 $19.00 $14,345.00 8 BIT. CONC. PVMT. REM. & REP. S.Y. 435 $30.00 $13,050.00 $17.00 $7,395.00 9 CONC. CURB & GUTTER REM.& REP. L.F. 85 $18.00 $1,530.00 $20.00 $1,700.00 10 BIT. CONC. DRIVE REM. & REP. '' S.Y. 96 $20.00 $1,920.00 $17.00 $1,632.00 11 P.C.C. DRIVE REM. & REP. S.Y. 10 $50.00 $500.00 $50.00 $500.00 12 P.G.C. SIDEWALK REM. & REP. S.F. 22 $4.00 $88.00 $12.00 $264.00 13 WATER MAIN REMOVAL L.F. 72 $12.00 $864.00 $10.00 $720.00 14 VALVE & VAULT REMOVAL EA. 2 $400.00 $800.00 $400.00 $800.00 15 HYDRANT WIAUX. VALVES & BOX REM, EA. 3 $250.00 $750.00 $150.00 $450.00 16 ABANDON WATER MAIN EA. 8 $400.00 $3,200.00 $200.00 $1,600.00 17 SOD RESTORATION S.Y. 405 $10.00 $4,050.00 $5.25 $2,126.25 18 TRAFFIC & DUST CONTROL L.SUM 1 $2,000.00 $2,000.00 $3,600.00 $3,600.00 19 1' CHLORINATION/AIR RELEASE TAP EA. 7 $200.00 $1,400.00 $160.00 $1,050.00 20 1 BIT. MATERIAL PRIME COAT I GAL. 1 266 $2.00 1 $532.00 $2.001 3532.00 TOTAL OTEMS 1 THROUGH 20) $139,959.00 $141,867.25 PAGE 3 OF 3 Village of'hAount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: Village Manager FROM: Engineering Coordinator DATE: April 12, 1990 SUBJECT: RECOMMENDATION - General Maintenance/Resurfacing Program 90 -00000 -02 -GM On April 11, 1990, at 10:00 A.M., sealed bids were received for the 1990 General Maintenance Program - Resurfacing Program. BIDS RECEIVED Twelve contractors received Contract Bid Documents. -A total of four contractors submitted bids. The bids range from a low of $262,174.35 by Allied Asphalt Paving Co. to high of $303,180.84 by American Asphalt & Seal Coating Co. The Engineer's Estimate for the project was $302,246.75. ANALYSIS OF BIDS All Bidders submitted Bid Bonds in the amount of 5% of their total bid as required by the Contract Documents. All Bidders correctly signed their bids and bid bond. The lowest bid was 13% below the estimate. iWiToyan., 1.) Allied Asphalt Paving Co. $262,174.35 2.) Arrow Road Construction Co. $267,999.97 3.) Palumbo Bros., Inc. $273,981.29 4.) American Asphalt & Seal Coating Co. $303,180.84 QUALIFICATIONS OF LOW BIDDER The low bidder, Allied Asphalt Paving Co., has performed work in Mount Prospect over the past several years. This will make the third Resurfacing Program, Allied Asphalt Paving Co., has completed for the Village within the past 10 years. For the most part, Allied Asphalt's quality of work is very good. Page Two Resurfacing Program RECOMMENDATION Based on the evaluation of the Bid received, I recommend awarding a Contract to Allied Asphalt Paving Co., with a Bid price of $262,174.35. Funding for this project is shown on Page 152 of the 1990-91 budget under Account Code No. 22-071-04-8505 which currently has $500,000.00. 4-tw Robert Pszanka I concur with the above recommendation Charles Bencic, Director of Inspection Services I cocur w' ive recommendation -: 2= Glen Afidl6r, Deputy Director of Public Works RP: CB/m Village of Mount Prospect 1990 General Maintenance Resurfacing Program April 11, 1990 I0:00 A.M. €Allied Asphalt Paving Cc Hiltaido llt., b0162 Arrow Road Const Co Mount Prospect. BI b0056H Palumbo Bros. Inc !!side, ID 60!62 American Asphalt & Seal Com ng Co., lac 6ugincer*a Estimate Estimated No. Item Quantity Darien, B 60559 1. Bit. Cone. Surface Cm Cl 1, Mix D, Type 2 4762 Tan 26.00 123,812.00 ° 21.80 118,097.60 25.00 119,050.00 28.03 133,478.86 75.00 119,450.00 2. Levet Binder (Machine Method) Mix B. Type 2 2300 Ton 22.00 50,600.00 23.20 53,360.00 25.00 57,500.00 2753 63,319.00 74.00 5' V 3, Bit. Materials (Prime Cost RC -70) 3251 Gat 0.10 325.10 0.87 2,828.37 0.50 1,625.50 1.71 5,559.21 1.50 4,,,,,,.50 4. Bit. Materiels (Prime Coat MC -30) 4685 Gal 0.10 469.50 0.87 4,075.95 0.50 2,342.50 1.42 6,652.70 1.50 7,027.50 , S. Preparation of Base 3932 SY 0.10 393.20 0.20 796A0 0.65 2,555.80 0.36 1,415.52 0.50 1,966.00 6. Bituminous Surface Removal 2' 14900 SY 1.00 14,900.00 0.97 14,453.00 1.00 14,900.00 1.07 15,943.00 1.25 18,625.00 7. Bituminous Surface Removal 2.5' 24500 SY 0.98 24,010.00 LOD 24,500.00 LOD 24,500.00 1.12 27,440.00 1.50 36,750.00 8. Bituminous Surface Removal (Var. Depth) 3100 SY 0.75 2,325.00 1.04 3,224.00 1.00 3,100.00 1.02 3,162.00 1.10 3,410.00 9. Area ReB Crack Control Treatment System A 18105 SY 0.56 10,138.80 0.58 10,500.90 0.66 11,949.30 0.61 11,044.05 0.75 13,578.75 10. Poured Crack Said 12205 LF 0.35 .� 4,271.75 0.35 4,271.75 0.33 4,027,65 0.34 4,149.70 0.60 7,323.00 IL Dry Grout Solids 180 CF 21.00 3,780.00 21.00 3,780.00 32.62' 5,871.60 4.02 723.60 5,50 990.00 12. Hol= Drilled 137 FA 90.00 _ 12,330.00 92.00 -i 11,234.00 92.62 ` 12,688.94 47.60 6,521.29 100.00 13,700.00 i3. Fume And Grates To Be Adjusted 5 E. 165.00 825.00 140.00' 700.00 140.00 - 700.00 258.00 1,290.00 150.00 750.00 14. Structuea To Be Adjusted 37 Ea 16500 6,105.00 140.OD 5,180.00 210.00 7,770.00 361.00 13,357.00 300.00 11,100.00 15. structures To Be Reconstructed 9 Ea 450.00 4,050.00 330.00 2,970.00 400.00 3,600.00 575.00 5,175.00 600.00 5,40000 16. Traffic Control & Protection 1 LS 31800.00 3,800.00 7,500.00 7,500.00 1,300.00 1,300.00 3,200.00 3,200.00 2,0110.00 2,000.00 17. Maintenance, Bond 24 Month 1 LS 40.0(1 40.00 538.00 538.00 500.00 500.00 750.00 750.00 500.00 500.0(1 Tont 262,174.35 Told 267,999.97 Total 273,981.29 Total 303,180.84 Total 302,246.75 Village of'Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: Village Manager FROM: Engineering Coordinator DATE: April 12, 1990 SUBJECT: RECOMMENDATION - General Maintenance/Curb & Gutter 90 -00000 -03 -GM On April 11, 1990, at 10:00 A.M., sealed bids were received for the 1990 General Maintenance Program - Curb & Gutter. BIDS RECEIVED Thirteen contractors received Contract Bid Documents. A total of nine contractors submitted bids. The bids range from a low of $196,268.25 by F & V Cement Co. to high of $241,299.50 by C -A Construction Co. The Engineer's Estimate for the project was $222,895.00. ANALYSIS OF BIDS All Bidders submitted Bid Bonds in the amount of 5% of their total bid as required by the Contract Documents. All Bidders correctly signed their bids and bid bond. The lowest bid was 12% below the estimate. ff=DER TOTALc W, 1.) F & V Cement $196,268.25 2.) Trialta Construction $198,044.30 3.) M & A Cement Work $210,947.00 4.) August Contractors $227,615.10* 5.) Kings -Point Gen. Cement $230,580.00 6.) Schroeder & Schroeder $238,536.75 7.) J & J Newell Concrete $239,204.50 8.) Globe Construction $240,116.25 9.) C -A Construction $241,299.50 * Incorrect Unit Price Format - Invalid Bid Proposal QUALIFICATIONS OF LOW BIDDER The low bidder, F & V Cement Contractors, Inc. has completed various concrete sidewalk projects throughout the Village over the past several years. Their quality of work is good and they complete their projects in a timely manner. Page Two Curb & Gutter Program RECOMMENDATION Based on the Bids received, I recommend awarding a Contract to F & V Cement Contractors Inc., with a Bid price of $196,268.25. Funding for this project is shown on Page 152 of the 1990-91 budget under Account Code No. 22-071-04-8505 which currently has $500,000.00. Robert Pszanka I concur with the above recommendation Charles Bencic, Director of Inspection Services I concur with the above recommendation % Herbert L. Weeks, Director of Public Works RP: CB/m Village of Mount Prospect 1490 G-1 Mainmudnee Curb & Gulw Repair Program April It, 1990 10:00 A.M. E64i.4md FAY CementConUuton Ing T T'w Co W-uun CO, I" M&A Cement Wurk lne %ingr•Poiement ot Oen C Sehronda A Schroeder Na. Item Quantity Chicago 0 60631 O. Park. 0 60181 Smanv0la, 1160106 AMiwn n 60101 0. FLina 0 60016 1. Curcio Cox Cmb Ad Cn Rem?Ad Raps 9650 LF 9.95 96,017.50 8.50 42,025.00 11.00 106,150.00 12.00 115,800.00 WAS 100,642.50 2. Irdegd Caa:*da Cab Rt Ad Re0 3095 LF 3, IuegW C9 Cart Reed Ad Type S 6.12 RqY 3620 LF MAI HAS 32,342.75 41,449.00 10.00 11.00 30,950.00 II. a 39,820.00. 11.00 34,045.00 39,620.00 12.00 10.00 37,140.00 � 36,200.00 11.95 13.95 36,965.25 30,499.00 4, Cab T. a. At�.W 35 EA 165.00 5,775.00 170.00 5,950.00'.- 30.00 ......'" 1,750.00 100.00 3,500.00 150.00 3.250.00 i Cab - T. Jw It ..-._-d I 6 6. Cub WTo #a A0jAType I Fr, Op. Lid 36 Ea 350.00 165.00 350.00 5,940.00 500.00500.00 261.00 475.00 9.540.00275.00 475.00 9,900.00 400.00 330.00 400.00 12,600.00 I,.SW.. 450.00 1,500.00 16,200.00 7, '-•-- Type A ATypa I Fe, Opee Ud opmWl I E. 350.00 350.00 810.00 I10.00''... 1,273.00 1,275.00 900.00 900.00 I.5W.00 1,500.00 S. oam-y P*- R-4 760 SY 4.50 3,420.00 22.00 16,720.00 4.95 3,762.00 9.00 6,840.00 9.00 4,810.. 9, PCC lld-"5* 200 OF 3.00 600.00 2.30 460.00 2.00 400.00 3.00 600.00 3.00 600.00 10. Sn (SP -4-1)2720 SY 295 8,024.00 3.45 9,364.00 4.73 12,920.00 5.00 13,600.00 6.00 14,320.00 :L Tef.C.-AAd P4ua�a 1 LS [.000.00 1.000.00 900.00 900.00 300.00 X0.00 2.3W.00 2,500.00 8.500.00 z:00 12. ._bad 24 Mamb 1 LS :,000.00 I 1,000.00 1 985.30 %5.30 130,001150.00 1 500.00 SWAG Told 1%,248.25 ToW 19-- TaW 210,947.00 777-777-77-7 TaW 218534.75 36! W -M Cwcrde C O1obe Ceowactioo I. C -A Carmratioa Ice Aogew Cootragon Engines'. Edl- &U-wd No. Ile. 0--d y t'w}amrt Cty O 604M Addi.oa n 60101 Md- Pok R 60164 and -Park 060160 L Cuab ConeC b Ad Ones Remi Ad Rept 9630 LF II.75 113,317.50 1125 100.562.10 11.20 IW,010.. It.W 806,150. 1 :0.. %.500.00 2. IwvA Coxean Cub Fent Ad R,71 3095 LF 14.60 45,117.00 13.25 41,008.75 :3.50 41,782.50 13.00 40,233.00 f 1.00 34,043 00 3. WwW (: Cub Rend Ad Type b 6.12 Rept 3620 LF 15.00 54,300.00 13.25 47,965.00 13.50 48,670.00 13.00 47,060.00 t 1.50 41.630.00 4. Cub Struma To M Adj-d 35 Ea 50.00 1.750.00 100.00 3,500.00 166.00 5,8:0.00 I10.00 3,150.. 300.00 I0,5W.00 5. Cadr Stratton To M Ramutructd I E. 450.00 450.00 1,500.00 1,500.00 333.00 533.00 200.. 200.00 6..00 600,00 6. CubStr To M Adj AType l Fr, Op. Lid 36 F 165.00 5,940.00 MOD ; 7,200.00 281.00 10,116.00 375.00 13,5W.00350.00 12,600.00 7. Iden Typa A ATypo i Fr. Open Lid (Sp W) I & 700.00 700.00 1,700.00E[ 1,700.00 450.00 450.00 373.00 375.00 1.000.00 1.0..00 g. odn.ay P. -R -I 760 SY 4.50 3,420.. 9.00 ( 6,840.00 8.00 6,OM1.00 5.00 3,8..00 12.. 9,120.00 9. PCC SW-dk S' 200 SF 2.50 500.00 3.00 tt 600.. 2.49 498.00 2.40.5 480A0 4.00 800.00 10. 8odding(Spncid) 2720 SY 3.75 10,200.. 7.00 19 .00 5.25 14,290.00 2.501''.. 6,800.00 .. 5.. 13,600.. II. Tnlf C. -I Ad Praeaion 1 LS .O.00 IW 1,000.00 1,2..00 1,200.00 3.800.00 3.800.00 4,SW-00 1,5..00 2,000.00 2,000.00 2, Mak-Heed 24 M -6t LS 2,170.00 2370.. 1,000.00- 1,0.A0 )'"'00 1 1.000.00 ERR 500.001 5..00 T- 239.-30 .TOW 240.116.21 TOW 241.294.10 TeW 227.615.!0 Turd 222,895.00 • I-4 Unk Price Forsa " 188414 bid PropOW Village of'__"cunt "cunt Prospect Mount—P-rospect, Illinois INTEROFFICE MEMORANDUM TO: MAYOR GERALD L FARLEY AND BOARD OF TRUSTEES FROM: VILLAGE MANAGER DATE: APRIL 13, 1990 SUBJECT: RECOMMENDATION - FOREST AVENUE RECONSTRUCTION MEMORY LANE TO KENSINGTON ROAD The low qualified bidders are Arrow Road for asphalt at $270,289 and Triggi Construction for concrete, type two and concrete fast curing. The Concrete Institute had indicated to the Village that concrete road construction should be approximately the same as asphalt. As you can see, it is approximately 200 more and I recommend the Board accept the contract of Arrow Road for $270,289. The potential for the addition of five to ten years of concrete versus asphalt before reconstruction is too unknown at this time. A D JOHN FULTON DIXON JFD/rcw attachment Village of,.-Acunt Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: Village Manager FROM: Engineering coordinator DATE: April 12, 1990 SUBJECT: Recommendation - Forest Ave. Reconstruction Memory Ln. to Kensington Rd. On April 11, 1990, at 10:00 A.M. sealed bids were received for the Forest Ave. Reconstruction - Memory Lane to Kensington Road. At this time, the sealed bids were publicly opened and read aloud. This Contract was bid using three different types of base course material for the pavement. The Bidder was requested to submit unit prices for 32 Bid Items. All bid items are the same for each proposal except for the base course material. Proposal Type 1: Stone Aggregate Base Course Proposal Type 2: P.C. Concrete Base Course Proposal Type 3: P.C. Concrete Base Course - High Early Strength The difference between Type 2 & Type 3 is the length of curing time for the concrete. In this, type of contract form, the Village is allowed to choose which of the proposed base course construction is in its best interest. Namely, the Village may choose to award the Type 2 contract rather than the Type 1 contract, even if the overall bid is higher. BIDS RECEIVED Nineteen Contractors received Contract Bid Documents. All Bidders submitted Bid Bonds in the amount of 5% of their total bid as required by the Contract Documents. All Bidders correctly signed their bids and bid bonds. PROP014AL—TY)PF ,-A BID 1.) Kings Point General Cement $263,229.00* 2.) Arrow Road Construction $270,289.00 Engineer's Estimate $351,585.00 Page 2 Forest Avenue Reconstruction PROPOSAL TYPE 2 BID 1.) Kings Point General Cement $284,282.00* 2.) Triggi Construction $332,983.00 Engineer's Estimate $400,385.00 PROPOSAL TYPE 3 BID 1.) Kings Point General Cement $292,214.00* 2.) Triggi Construction $357,783.00 Engineer's Estimate $409,385.00 Since Motor Fuel Funds will be used for this project, I.D.O.T. Prequalification is required. Kings Point General Cement is prequalified to do concrete work totalling $396,000. Since this project is less than one half mile in length and the pavement width is two lane, only the concrete items in Kings Point's bid can be used to determine their eligibility. To qualify, Kings Point's bid prices for concrete work must be at least 51% of their total bid. KINGS POINT GENERAL CEMENT BID "CONCRETE" 51% Proposal Type 1 $263,229 $ 70,344.00 $134,247 Proposal Type 2 $284,282 $125,249.00 $144,984 Proposal Type 3 $292,214 $129,889.00 $149,029 Therefore, Kings Point General Cement is not qualified per I.D.O.T. criteria, to receive this Bid Award. The next low bidders meet all qualifications. QUALIFICATIONS OF LOW BIDDERS Proposal Type 1: Lowest qualified bidder is Arrow Road Construction. This company has done numerous projects for the Village. Proposals Type 2 & 3: Lowest qualified bidder is Triggi Construction. This company frequently bids on Village projects. Their last contract was Fire Station #1 drive apron. RECOMMENDATION The Engineering Division established this type of bid format to allow the Village Board the option of choosing the base course material. As indicated by the Bids, a concrete base course would have a higher cost. Depending on which base course is chosen, the Engineering Division recommends awarding the contract to the lowest qualified bidder. Page 3 Forest Ave. Reconstruction Funding for this project is shown on Page 152 of 1990-91 budget under Account Code No. 22-071-04-8510 (Amount = $475,000) High school District 214 will dedicate nine feet of right-of-way to the Village on the west side of Forest Ave. The School District will be only responsible for the cost of curb and gutter on the west siof Forest Avenue across their frontage. 'R -k.-A7, t4-4ci Robert Pszanka I concur with the above recommendation 7 Charles Bencic, Director of Inspection services I concur with the above recommendation 2k/�-k len ,Xndier,]Deputy --Director of Public Works RP/m * Estimated School District Share: Type I - $14,700 Type -II or III - $18,900 Village of Mount Prospect Forest Avenue Memory Lane To Kensington Road April 11, 1990 10:00 A.M. Page t Kings Point Gen Cement Arrow Road Costs Co Fuda Paving Co Triggi Construction Inc Milburn Brothers Inc KEYdtthin{ tna 1>xo. Item Quantity Addison B 60101 Mount Prospect 1160056 Hodglbns B 60525 W Chicago 0 60195 Elgin 1160120 1. Earth Excavation 2100 CY5.95 12,495.00 15.40 32,340.00 - 12.25 25,725.00 12.00 25,200.00 13.55 28,455.& 2. Trench Backfill 700 Ten 16.00 11,200.00 21.60 15,120.00 12.20 8,540.00 12.15 8,505.00 12.20 8,540.0 3. SubBasc Granular Material Type B 4400 Ton 10.00 44,000.00 12.70 55,880.00 11.60 51,040.00 12.50 55,000.00 14.25 62,700.0 4. Bit Concrete Binder Course Type 2 440 Too 33.00 14,520.00 23.50 10,340.00 33.25 14,630.00 27.05 11,902.00 29.00 12,760.0 S. Bit Cote Surface, Mix C, Class 1, Type 2 440 Ton 33.00 14,520.00 27.90 12,27600 34.90 15.356.00 32.10 14,124.00 33.30 52.0 6. Bituminous Matarials(Prime Cost) 1700 Gal 2.00 3,400.00 0.85: 1,445.00 1.00 1,700.00 1.00 1,700.00 1.40 7. Protective Coat 1810 SY 0.50 905.00 0.45 „ 814.50 0.75 1,357.50 1.00 1,810.00 1.50 2,715.0 8. Storm Sewer Spial 120 LF 30.00 3,600.00 t 25.00 3,000.00 33.00 3,960.00 24.15 2,898.00 31.50 3,780.0 9. Storrs Sewer Rubber Casket Ty 1 12' 750 LF 23.50 17,625.00 1 24.00 18,000.00 26.60 21,450.00 21.50 16,125.00 25.60 19,200.0 10. Storm Sewer Removal Special 600 LF 5.00 3,000.00 4.70 2,820.00 6.60 3,960.00 3.80 2,280.00 4.20 2,520.0 It. Catcb Basin Ty A 4' Die Ty l Fr., O.L. 10 Ea 1,250.00 12,50000 1,400.00 14,000.00 1,400.00 14,000.00 1,104.00 11,040.00 1,155.()7 11,550.0 12. Caleb Basin Ty A 4' Di. Ty I Fr., C.L. I Es - 1,250.00 1,250.00 1,400.00 1,40000'. 1,400.00 1,400.00 1,104.00 1,10400 1,207.00 1,207.0 13, Manhole Ty A 4' Dim Ty 1 Fr., C.L. 6 Ea 950.00'-k-5,700.00 1,300.00 7,800.00 ! 1,5-40.00 9,300.00 1,143.00 6,858.00 1,050.00 6,300.() 14. Ida Ty A Ty 1 Fr., O.L. 13 Fa 900.00 11,700.00 725.00 9,425.00 550.00 7,150.00 486.50 6,324.50 630.00 8,190.0 15, Flesh Ida Box For Medial (2240) 1 Ea ! 350.00 350.00 2,550.00 2,550.00 ° 2,750.00 2,750.00 2,475.00 2,475.00 1,575.00 1,575.0 16. Masholn To Be Rersoved 1 Ea 300.00 300.00 470.00 470.00 200.00 200.00 202.50 202.50 105.00 105.0 17. Nets To Be Removed 9 Fa E 100.00 9W.00 210.00 1,890.00 60.00 540.00 101.00 909.00 79.00 711.0 18. Frame & Grata To Be Adjuacd 15 Ea 100.00 1,500.00 180.00 2,700.00 175.00 2,625.00 161.00 2,415.00 194.00 2,760.0 19. Comb Conc Curb And Gunn Ty B 6.12 4200 LF 10.00 42,000.00 7.00 29,400.00 9.50 39,900.00 11.00 46,200.00 9.00 33,600.0 20. Driveway Pavement Removal 550 SY 9.00 4,950.00 5.15 2,832.50 5.00 2,750.00 9.00 4,950.00 3.35 1,942.5( 21. Combination Curb And Gutter Removal 2200 LF 3.00 6,600.00 2.60 5,720.00 3.50 7,700.00 4.00 8,800.00 6.90 15,180.0 22. Sidewalk Removal 1200 SF 1.00 1,200.00 0.55 660.00 0.95 1,140.00 0.75 900.00 2.30 2,760.0 23. Biturntaoua Surface Removal 4600 SY 3.50 16,10.00 1.15 5,290.00 1.00 4,600.00 1.50 6,900.00 2.45 11.270.0. 24. Conenee Curb Removal 1955 LF 2.00 3,910.00 L60 3,128.00 3.09 6,040.95 4.00 7,820.00 6.90 ( 9.A 25. P.0 C. Driveway Pavement 6' 507 SY 17.00 8,619.00 20.00 10,140.00 21.95 11,126.65 27.00 13,689.00 28.15 t.,d72.0� 26. P.C.C. Sidewalk 5' 1200 SF 1.60 2,160.00 2.10 2,520.00 2.45 2,940.00 3.00 3,600.00 3.05 3,660.0 27. Sodding Special 3250 SY 2.90 9,425.00 4.30 13,975.00 4.60 14,950.00 S.20 16,900.00 4.05 13,162.5A 28. Suppl.-W Watering 33 Unit 100.00 3,300.00 1.00 33.00 5.00 165.00 69.00 2,277.00 1.00 33.0 29. Traffic Control And Prdsction 1 LS 2,5W.00 2,500.00 1,700.00 1,700.00 3,290.00 3,240.00 4,000.OG 4,000.00 5,653.00 5,653.0 30. Dust Control to Ea 100.00 1,000.00 52.00 520.00 1.00. 10.00 70.00 700.00 58.00 580.0 31. Incidental Bituminous Suri ing 30 Ton 50.00 1,500.00 50.00 1,500.00 36.80 1,104.00 57.50 1,725,00 61.90 1,857.0 32. Maintenance Soul (Non MFT) 1 Ea 1 500.00 500.00 600.00 _ 60.00 1,580.00 1,58000 200.001 200.001 5W.W 1 50.0 L Total 263,229.0 Total 270,289.00 ToW282,982.10 7oa1 289,5}3.00 Total 307,954,1 Village of Mount Prospect 6xest Avenue Memory Lane To Kensington Road April 11, 1990 10:00 A.M. Type I Pavement No. Item Estimated Quantity L Earth Egcavatsoa 2100 CY 2. Treacb Butditt 700 T- 3, Subbase Gr-.1ar Matuki Type 8 4400 Toa 4. Bit Caacrow Bi. Courts Type 2 440 Tan 5. Bit Cost Swf- , Mia C. Ciaaa I, Type 2 440 Ton 6. Hinwainaaa Ala(". (Pri.aa Coat) 1700 Gal 7. Pr.€aaiv4 Cort 1510 SY :. Swart Sa.ter Spseid 120 LF 9. Stoma t& -c Bubb" Gaak4 Ty 1 12` 750 LF 10. Slemx 600 LP 11, Caul Baia Ty A 4' Dia Ty I Fr., 0 1-- 10 Ea 12. 0" Latin Ty A 4' Dia Ty I Fr., C.L. i Fa 13. Masbate Ty A 4' Dia Ty I Fr,. C.L. 6 Fa 14, Ty A Ty I Fr., O.L. 13 Fa 15. F1.6 laky Boa For {24.10) t Ea 16, Miuzkoto To 5e Ratanved 1 Fa IT !data To lk 9 Fa 15, Frame 4, Or". Ta be Adj.atod IS Fa t9. Co Cada Curb And 010" Ty 8 6,12 4200 LF 20, Driveway Pevaaacnt Removal 550 SY 21- C*iubmatiou Cub And C. Ratanvd 2200 LF 22. Rstaavd 1200 SF U. Bituminous S.riaea Removal 460D SY 24.. Carp Removal 1955 LF 25.. P.C.C. Drive." Pavorouat 6" 507 SY 26, PIC C. Side.*Ik 5' 12W SF 27, Sodding SPaca1 3250 SY 28, SaPpi Wslari.g . 33 Unit 29. Trafrw Central And 1 LS X. 0.8 Comm 10 Fa 3t, B's*. Suturing 30 Tao 32. hi meaa.ca Baud Won MFT) 1 Ea viceal Divuo Inc Glen Elly. 0 60137 E.gia.ar i Esti nate 10.00 21,000.00 7.50 15,750.00 14.00 9,800.0D 10.00 7,000.00 13.00 57,200.00 20.00 88,000.00 33.00 14,520.00 40.00 17,600.00.. 36.00 15,840.00 40.00 17,600.00 1.50 2,550.00 0.50 556.00 LDD 1,810.00 1-00 1,810.00 46.00 5,52000 28.00 3,360.00 35.00 25,500.00 30.00 22,500.OD 17.00 10,200.00 6.00 4,8W.OD 1,400.00 14,000.00 1,30DAD 13.000.00 1.400.00 1,400.00 1,300.00 1,300.00 1,500.00 9,000.00 1,500.00 9,000.00 600.00 7,500.00 500.00 6,500.00 1,000.00 1,000.00 1.000.00 1,000.00 300.00 300.00 250.00 250.00 IOD.OD 900.00 150.00 1.350.00 200.06 3,000.00 150.00 2,250.00 12.00 50,400.00 10.00. 42,000.00 3.00 1,650.00 9.00 4,950.00 4.00 5,500.00 4.001 8,500.00 IAO 1.20000 1.00 1,200.00 2.00 9.200.00 S.OD 23,ODD.OD 3.00 5,865.00 3.00 5,565.00 36.00 18.252.00 30.00 15,210.00 3.00 3.600.00 3.00 3.600.00 5.00 16,250.00 7.00 22,750.00 SOHO 1.650.00 30.00 990.00 6,000.00 6,000.00 5.000.00 5,000.00 100.00 1.000.00 250.00 - 2.500.00 60.00 1.500.00 50.00 1.500.00 I ADD.00 1,000.00 1 300.00 300.00 Tout 331,067.00 Taal 351,585.00 Page 2 Village of Mount Prospect Forest n Aveue Memory !,.sere To Kemington Road April 11, 1990 10:00 A.M. King. Point Gen Cement Triggi Co U..tio Inc Wis.. Brother. Inc AU__ C.w.cton Inc Vi -t DiVito Inc ypq vemea[ - stltm No. Item Quantity Addi.00 B 60101 W Chicago B 60185 Elgin 111 60120 Woodstock 0 60098 , Glee Ellyn H 60137 L Earth Et ra xc.va 2100 CY 6.00 12,600.00 12.00 25,200.00 13.001 27,300.00 04.25 29,925.00 10.00 21,000.00 I 2, Trh Baeksdi 700 Toa 16.00 11,200.00 12.15 8,505.00 12.20 i "0.0014.45 10,115.00 14.00 9,800.00 3. SaMtlu . Granular Material Type B 3230 Tm 10.00 32,300.00 11.50 37,145.00 13.75 44,412.50 14.00 45,220.00 13.1)0 41,990.00 4. 5. as Coac Surge , Mix C, Ci.n L Type 2 660 Tm 32.50 21,450.00 32.10 21,186.00 31.70 20,922.00 29.25 19,305.00 36.00 .00 6, Bit minae. Material. (Prime Cod) 1700 Gal 1.80 3,060.00 1.00 1,700.00 1.40 2,380.00 0.90 1,530.00 1.50 � .._.A.00 7. ProtectiveC a 1810 SY 1.00 1,810.00 LOO 1,810.00 1.50 2,715.00 0.75 1,357.50 1.00 1,810.00 A. St.= Sewer Special 120 LF 26.50 3,180.00 24.IS 2,898.00 31.50 3,780.00 47.25 5,670.00 46.00 5,520.00 9, Starts Sown It bb" G..kve Ty 1 12' 750 LF 23.00 17,250.00 21.50 16,125.00 25.60 19,200.00 27.95 20,962.50 38.00 28,500.00 10. Stora S. -w Roowv.l SP_;,I 600 LF 5.00 3,000.00 3.80 2.230.00 4.20 2,520.00 15.00 9,000.00 17.00 10,20000' 11. C Baia Ty A 4' Dir Ty I Ft., O -L. 10 Ea 1,210.00 12,000.00 1,104.00 11.040.00 1,155.00 11,550.00 1,303.00 13.030.00 1.400.00 14,000.00' 12, Cawb Sara Ty A 4' DiA Ty I Ft., C.L. i E. 1.200.00'. 1,200.00 1,104.00 1,104.00 1,207.00 1,207.00 1,303.00 1.303.00 1,400.00 1,400.00 13. Ty A 4' Dia Ty I Fr., C.L. 6 1. 90.00 " 5,760.00 1.143.00 6.858.00 1.050.00 6,300.00 1,307.00 7,542.00 1,500.00 9.000.00 14. lariat Ty A Ty I Fr., O.L. 13 Ft 450.00 5.850.00 486.50 6,32,4.50 630.00 8.190.00 437.00 5,681.00 600.00 7,800.00 IS. Fluab €alto Bu Faxes Medial (22400 1 Ea 400.00 400.00 2,475.00 2,475.00 1,575.00 1,S7S.00 2,125.00 2,12S.OD 1.000.00 1,000.00; I6. Mallbolft To !1e I Ea 300.00 300.OD , 202.50 202.50 105.00 105.00 100.00 100.00 300.00 300.00 17. iulau To Ba lora weed 9 Ea 100.00 900.00 IOLOD 909.00 79.00 711.00 80.00 720.00 100.OD 900.00 ••, 16, Frame A Graft To as Adj." 15 Ea 100.00 1,506.00 161.00 2,415.06 WOO 2,760.00 165.00 2,475.00 200.00 3,000.00 19. Coro@ Coac Curb Aad Onaa Ty B 6.12 4200 LF 10.00 42,000.00 9.00 37,800.00 8.25 34,650.W 7.50 31.500.00 12.00 50.400.00 20. Dri "y F.vemmt Raatoval 550 SY 9.00 4,950.00 9.00 4,950.00 3.35 1,842.50 1.00 2,200.00 3.00 0,650.00 21. Corairmatim Curb And Gam 2200 LF 3.00 6,60D.OD 3.00 6,600.00 6.90 15,180.00 5.50 12,100.00 4.00 8.800.00 22. Sidearm% Aeraoval 1200 SF LOD 1.200.00 0.75 900.00 2.30 2.760.011 1.00 1,200.00 1.00 1.200.00''. 23, Sorfam Reroaval 4600 SY 3,00 13,800.00 1.00 4,600.00 2.45 11,270.00 3.45 15,870.00 2.00 9 700.00 3 24. Cvwb Romov.I 1955 LF 2.00 3,910.00 3.00 5,865.00 6.90 13,489.30 5.50 10,752.50 3.00 1 ,00 25, P.C.C. Dtieaway Pa soasi r 507 SY 17.00 6,619.00 27.00 13,689.00 28.15 14,272.05 23.50 11,914.50 36.00 1.,.12.00 3 26, F.C.C. Sidmalit S' 1200 SF 1.30 2.160.00 3.00 i 3,60D.00, 3.05 3.660.00 2.40 2.850.00 3.00 3,600.004, 27. Soddia8 Spaei.t - 3250 SY 3.00 9,750.00 5.20 B 16,900.00 4.05 13,162.50 4.95 16,087.50 5.00 16,250.00 2L SufflosmW We"iag 33 Usk 1.00 33.00 69.00 ''.. 2,277.00 l 1.00 33.00 1.00 33.00 50.00 1,650.00 € 29. Ttall.c Casual And Pratactioa 1 LS 500.00 500.00 4,000.00 4,000.00 5.653.00 5.653.00 6.300.00 6,300.00 6.000.00 6,000.00 3O• Do* Corwal 10 Ea 100.00 1.000.00 70.00 700.00 55.00 550.06 15.00 150.00 100.00 1,00.00 j 31. z_:f__..s Bitoouma. Sart.cing 30 Tm 50.00 1,500.00 57.50 1.725.00 61.90 1,857.00 52.50 1,575.00 60.00 1.600.00,. 32. Mirkovarastce 8'osd(Nm MFT) t Fa 500.00 500.00 200.00 200.00 500.00 SOD.00 1,035.00 1,035.00 1.000.00 1.WO.OD' 34, P.C.C. Ba a Cmrae 6' 4500 SY 12.00 54 -OW -00 18.001 81,000.06 15.201 68.400-00 17.55 78,975.00 20.00 90,000.00 Total 284,282.00 T.W 332,983.00 T.W 351,447.05 T.W 368,933.50 Tota( 399,197.00 Village of Mount Prospect 'Forest Avenue Memory Lime I -o Kensington Road April 11, 1940 10:00 A.M. I ype, L ravement No. Item F.strmated (quantity L Earth Excavation 2100 CY 2. Tseach Backfill 700 Too 3. SubBase Granular Material Type B 3230 Toa 4. 10.00 5, Bit Cone Surface. Mix C. Chu 1, Type 2 660 Toa 6. Biuminoua Material. (Prime Cm) 1700 Cd 7. P-tective Coat 1610 SY 8. Storm Sewn Spacial Ito LF 9. Storm Sewer Rubber Gasket Ty 1 12" 750 (F 10. Storm Sewer Removal Special 600 IF It. Catch Basin Ty A 4' Dia Ty 1 Fr., O.L. t0 Ea 12. Czech Basin Ty A 4' Dia Ty I Fa; C.L. I Ex 13. Manhole Ty A 4' Dia Ty 1 Fr., C.L. 6 Fa 14. Inlet Ty A Ty I Fr., O.L. 0 Be 15. Floab lata Box For Medial (2240) 1 Fa 16. Maobter To S. Rem -W t Es 17. holm To Be Removed 9 Ea IS. Fry a A Grata To Be Adjusted t5 Fa 19. Comb Coo, Curb And Goner Ty B 6.12 4200 LF )11. Driveway Pavem,ot Ramoval 550 SY I L Corobiaa Curb And Oatau Removal 2200 LF 22. Sidewilk Romovd 1200 SF D. Binwieous SurLca Removal 4600 SY 14. Ceacrvto Curb Removal 19SS LF IS. P.C.C. Driveway Pavemea 6- 307 SY N. P.C.C. Sidewalk S' 1200 SF 17. Sodding Special 3250 SY IS. Supptewww Wateria8 33 Unit 29. Traffic Cootxol And Protection I LS 30. Duet Control 10 FJ 31. Iweidantal Bituminous Surheia8 30 Toa 32. Main aao- Bond (Nos MFr) I Fa 34. P.C.C. Base Comae 6' 4500 SY viz- Coocruction hoe Dowscn Grove 0 60516 Engineer'. Eatimate Elgio 0160120 22.00 46.200.00 7.50 15.750.00 20.00 14.000.00 10.00 7.000.00 22.00 71.060.00 20.00 64.600.00 31.00 20,460.00 40.00 26,400.00 1.00 1.700.00 0.50 830.00 0.75 1,357.50 3.00 1.810.00 3S.00 1.200.00 28.W 1 3.360.00 38.00 28.500.00 30.00 1 22,500.00 22.00 13,200.00 8.00 4,800.00 2,200.00 22.000.00 1,300.00 13.000.00 2,2W.00 2,200.00 1.300.00 1,300.00 2,200.00 13,2W.00 1.500.00 9.OW.00 650.00 8.450.00 500.00 6,300.00 650.00 650.00 1.000.00 1,0W.00 250.0 230.00 250.00 250.00 250.00 2.250.00 150.00 1,350.00. 150.0 p 2.250.00 150.00 2,250.00 9.00: 37,800.00 10.00 42,000.00 8.50 4,675.00 9.00 4,930.00 5.00 11,OW.W 4.00 8.800.00 1.00 1.200.00 1.00 1.200.00 6.00 27,600.00 5.00 23,000.00 5.00 9.775.0 3.00 5,865.00 19.50 9.886.50 30.00 15.210.00 2.15 2,580.001 3.00 3.600.00 5.50 17,875.00 7.00 22,750.00 10.00 330.00 30.00 990.00 4,000.00 4,OW.00 5,ODD.00 5.000.00 10.00 100.00 250.00 2.500.00 35.00 1.050.00 50.00 1,500.00 1,500.00 1.500.00 300.0 300.00 17.50 78,750.00 1 18.00 81,000.00 Total .019 00 T,W400.385-00 Page 2 Village of Mount Prospect Forest Avenue Mcmory Lane To Kensington Road April 11, 1990 10:00 A.M. 'Kings Point Gen Cement Frig Construction Inc MiE6uzn Braliers Lw vinous DiYita Inc F unsta a#Imo r' No. Item Quantity Addison 1160101 4Y Chicago It 60185 Elgin U 60120 0- Ellyn U 60137 1. Firth E -tion 2100 CY 5.00 10,500.00 12.00 25,20000 13.55 28,455.00 10.00 21,000.00 7.50 15,750.00 2. Trcach B..krdl 700 Ton 15.00 10,500.00 12.15 8,505.00 12.20 8,540.00 WOO 9,800.00 10.00 7,000.00 3. SabBaae Graeul. Mistrial Type B 3230 Toa 10.00 32,300.00 11.50 37,145.00 14.40 46,512.00 13.00 41,990.00 20.00 64,600.00 4. S. Be Con. Surtax , Mix C. Clan 1, Type 2 660 Ton 32.00 21,120.00 32.10 21,186.00 31.70 20,922.00 36.00 23,760.00 40.00 2,/ 0 6. Bases- Materials (Prime Cost) 1700 Gal 1.80 3,060.00 1.00 1,700.00 1.40 2,380.00 1-50 2,550.00 0.50 x.„.00 7. Pmt -u - Coat 1810 SY 0.40 724.00 1.00 1,810.00 1.50 2,715.00 1.00 1,810.00 1.00 1,810.08 S. Sturm Sew. Special 120 LF 26.00 3,120.00 24.15 2,895.00 31.50 3,780.00 46.00 5,520.00 25.00 3,360-00 9. Storm Sew. Rubber Cnaket Ty t 12' 750 LF 22.50 16,575.00 21.50 16,125.00 25.60 19,200.00 38.00 28,500.00 WOO 22,508._00 10. Strom Sewer Removal Spacial 600 1.F 5.00 3,000.00 3.80 2,280.06 4.20 2,520.00 17.06 10,200.00 5.80 4,5W.00 11. Catch Buie Ty A 4' Dia Ty 1 Fr., O.L. 10 E4 1,200.00 12,000.06 1,108.00 11,040.00 1,155.00 11,550.00 1,400.00 14,000.00 1,300.00 13,000.00 12. Catch Basin Ty A 4' Die Ty 1 Fr.. C.L. 1 Fa 1,100.00 1,100.00 1,104.00 1.101.00 1,207.00 1,207.00 1,406.00 1,400.00 1.300.00 1,306.00 13, Maehde Ty A 4' Du Ty I Fr., C.L. 6 F. 906.00 5,400.00 1,143.00 6,858.00 1,050.01) 6,30D.00 1'SW.00 9,000.00 1,500.00 9,OOD.00 14. Islas Ty A Ty 1 Fr., O.L. € 13 Fi 900.00 11.700.00 486.56 6.324.50 630.00 8,190.00 600.00 7.800.00 500.00 6,50040 15. Flua► Ida Box For Madill (2240) 1 FA 350.00 350.00 2,475.00 2,475.00 1,573.00 1,575.00 1,000.00 1,000.00 1,000.00 1,000.40 16. kU bnl. To Be Removed 1 6 300.00 300.00 202.50 202.50 105.00 105.00 300.00 300.00 250.00 250.00 17. Wm To Be Ressoved 9 Es 100.00 900.00 101.00 909.08 79.00 71 LOD 100.00 900.00 150.00 1.350.00 16. Frame A Drat. To Be Adjured IS E. 100.00 1,500.00 161.00 2,415.00 194.00 2,760.00 210.00 3,000.00 150.00 2,250.00 19. Comb Cane Curb And Guam Ty B 6.12 4200 LF 10.00 42.000.00 9.00 37.800.00 5.25 34,650.00 12.00 50,400.00 10.00 42.000.00 20. Driveway Paveraam Removal 550 SY 9.00 4.950.OD 9.00'... 4.950.00 3.35 1.342.50 3.00 1,630.00 9.00 4,950.00 21. Corebiostion Cast, And Games, Removal 2200 LF 3.00 6.600.00 3.00 - 6,600.00 6.90 15.180.00 4.00 5.800.00 4.00 1.500.00 22. Sidewalk R.sovd 1200 SF 1.00 1.200.00 0.75 :' 900.00'. 2.30 2,760.00 0.00 1.200.00 LOO 1,2W.O4 23. Bituminous Surface R-11 4600 SY 2.30 11,500.00 1.50 6,900.00 { 2.45 11.270.00 2.00 9.278.00 5.00 23.1- 00 U. Ccecrre Curb Removal 1955 LF 3.00 S,S65.00 3.00 5.865.0 6.90 13,489.50 3.00 5.865.00 3.00 3 23, P.C.C. Driveway P.emrot 6' 507 SY 28.00 10,140.00 2TOO 13,689.00 28.15 14,272.05 36.00 18,252.00 30.00 13,2ru.W 26. P.C.C. Sidewalk 5' 1200 SF E 1.80 2,160.00 3.00 3.600.00 3.05...... 3.660.00 3.00 3.600.00 3.00 3,6W.00 27. Sodding Spacial 3250 SY 3.00 9,750.00 5.20 16,900.00 4.05 13,162.50 5.00 16,250.00 7.00 22,750.00 25. SygkmwW wat.iog 33 Unit 100.00 3,3W OO 69.00 2.277.00 1.00 33.00 50.00 1.650.00 WOO 990.00 29. Traffic Cow" And Protection 1 LS 1.500.00 1,500.00 4.000.00 4,000.00 5.653.00 5,653.00 6,OW.00 6,003.00 5.000.00 5,000.00 3O. Dur Coetral 10 Ea 100.001.00D.00 70.00 700.00 SB.W 580.00 100.00 1.000.00 ?301.00 2,500.00 33. Iacideatal Bitunieoua Surfacing 30 Toe 50.00 1.500.00 57.50 1.725.00 61.90 1,857.00 66.00 1,500.00 50.00 1,50000 32. Maimeoance Bond (Non MET) I E. WOO 50.00 2W.W 20.00 500.00 500.00 1.000.00 1.000.00 300.00 3W.00 134. Nigh Strength P.C.C. Bane Course 6' 4500 SY 12.50 56,254.00 23.00 103,500.00 16.00 72,000.0 21.00 94,500.00 20.00 WOWOD Tata) 292,214.00 Tool 357,783.00 7oW 355,331.Si Tae.! 403,697.00 TaW 409.385.00 i Village of nt ProspectMountIllinois Prospect 0 .1 4 Id . Mou, 2 INTEROFFICE MEMORANDUM TO: Village Manager FROM: Engineering Coordinator DATE: April 11, 1990 SUBJECT: RECOMMENDATION On April 11, 1990, at 10:00 A.M., sealed bids were received for the LINCOLN STREET BRIDGE REHABILITATION. At this time, the sealed bids were publicly opened and read aloud. BID FORM The Bidder was requested to submit unit prices for 19, BID ITEMS BIDS RECEIVE 11 Contractors received Contract Bid Documents. A total of 6 Contractors submitted bids. The bids range from a low of $65,900.00 by Albin Carlson & Co. to high of $99,892.50 -by Accu - Paving Co. The Engineer's Estimate for the project was $62,835.75. gfflm��-- Mt All Bidders submitted Bid Bonds in the amount of 5% of their total bid as required by the Contract Documents. All Bidders correctly signed their bids and bid bonds. The lowest bid was 4.8% above the estimate. BIDDERIg TOTAL BI 1.) Albin Carlson & Co. $65,900.00 2.) Vincent DiVito $68,738.00 3.) R. & W. Clark Construction $71,970.00 4.) Kustom Construction $75,585.00 5.) Alliance Contractors $79,335.45 6.) Accu -Paving Co. $99,892.50 RECOMMENDATION Page Two QUALIFICATIONS OF LQW BIDDER The low bidder is ALBIN CARLSON & CO. All of the bidders had to have I.D.O.T. Prequal if icat ions. Albin Carlson & Co. has not performed any recent Village Contract. They were a bidder for our 1988 George St. Bridge Contract. This contractor has performed work on bridges for the State, Cook County and the Tollway Authority. RECOMMENDATION Therefore, the Engineering Division recommends awarding a Contract to ALBIN CARLSON & CO., with a.Bid price of $65,900.00. Funding for this project is shown'on Page 152 of the 89-90 budget under Account Code No. 22-071-04-6150. (Amount = $55,000). Also, additional funds are in the 90-91 budget (Page 151) under Account Code No. 22-071-04-6150. (Amount = $60,000). Robert Pszanka I concur with the above recommendation Charles Bencic, Director of Inspection services I concur with the above recommendation zzv-, WJ-1— Glen,Andier, Deputy Director of Public Works RP: CB/m Village of Mount Prospect Lincoln Street Bridge 89 -00104 -00 -BR April 11, 1990 10:00 A.M. ''..... No. Item Estimated Quantity L I'mforned Joint Sal 1.75' 39 LF 2. Protective Coat 250 SY 3. Clcaniag Aad Paining Stud Railing No. 1 1 LS 4. Reinlorcetnon Ban. Epoxy Coated 2350 Lb S. Bkuminau Coacrae Surface Removal 600 SY 6. Bridge Dark Overlay, ([.alta Modified Conarete) 190 SY 7. Concrete Bridge Dent Scarification 0.25' 190 SY S. Deck Drain To Bo Adjured 6 Ea 9. Dock Stab Repair (Full Depth Type 0 26 SY 10. Deck Slab Repair (Full Depth Type Bl 14 SY If. Deck Slab Repair (Patial) ISO SY 12. Epoxy Cmek Sealing 100 Lp 13. Epoxy Monor Repair 5 CF 14. Stone Riprap 5 SY 15. B3 Concrete Sorfam Source Cl 1 Type 2 32 Tat 16. Bituminous Material {Primo Coal 205 (Jet 17. Pavtmaot Marking Tape 3000 LF 18. Traffic Control And Protection 1 LS 19...... Maioleoaoce Bood (Nae MFT Fundal 1 LS Page 1 Albin Carlson & Co Mdroae Park 1160160 Vincent Divito Inc Glen Ellyn 1160137 R&W Clark Const 1. Chicago B 60655 Kustom Connmction Co tee Lombard B 60148 AB:. oa Contredon Inc Woodcock B 60098 200.00 7,800.00 22.00 858.00 ISOM 5,850.00 135.00 5,265.00 75.30 2,936.70 0.30 75.00 1.00 250.00 LOO 250.00 0.50 125.00 LOD ?-00 1.020.00 1,020.00 2,000.00 2,000.00 2.000.00 21000.00 2.500.00 2,500.00 3.440.00 3 1.00 2.350.00 1.50 3,525.00 - LOO 2.350.00 1.50 3.525.00 1.50 3152.00 15.00 9,000.00 COO 3,600.00 4.00 2,400.00 7.50 4,500.00 13.25 7,950.00 85.00 16,150.00 60.00 11,400.00 80.00 15,200.00 82.00 15j80.0D 120.65 22,923.50 10.00 1,900.00 25.00 4,750.OD 20.00 3,800.00 15,00 2,850.00 13.25 2,517.50 7S.OD 450.00 300.00 1.800.00 350.00 2,100.00 50.00 300.00 82.OD 492.00 110.00 2,860.00 200.00 5,200.00 160.00 4,160.00 120.00 3.120.00 201.00 5,304.00 IMOO 1,540.00 260.00 3,640.00 180.06 2,520.00 130.00 1.820.00 202.00 2,828.00 60.00 9,000.00 80.00 12,000.00 60.00 9.000.00 110.00 16,500.00 85.00 12.750.00 25.00 2,500.00 30.00 3.000.00 25.00 2,500.00 40.00 4.000.00 22.01) 2,200.00 200.00 7 1.00D.00 300.00 1,500.00 140.00 700.00 200.00 1,0woo 20SA0 I.w3.Do 20.00 - 100.00 80.00 400.00 75.00 375.00 75.00 375.00 40.00 200.00 100.00 3,20D.00 100.00 3,2W.OD 120.00 3.810.00 60.00 1.920.00 126.00 4.032.00 1.00 205.00 3.00 615.00 1.00 205.0D 1.00 205.00 1.35 276.75 8.25 750.00 2.00 6,ODO.00 0.80 2,400.00 0.40 1,200.00 0.45 1,350.00 5,800.00 5.800.00 -: 4.000.00 4,000.00 11,320.OD 11.320.00 10,5(10.00 10,500.00 5,100.00 5.100.00 200.00 2(10.00 1.000.00 1.000.00 1.000.00 1,000.00 300.00 300.00 235.00 235.00 Total 65,900.00 - Toml 68,738.00 Taw 71,970.00 Tont 75,%5.00 Tow 79,335.43 Village of Mount Prospect Lincoln Street Bridge 89 -00104 -00 -BR April 11, 1990 10:00 A.M. Page I Albin Carlson & Co Vincent DiVito Inc R&W Clark Const Inc Kustom Construction Co Inc k a Alliance Contractors Inc Estimated No. Iter] Quantity Melrose Park 1160160 Glen Ellyn 1160137 Chicago U 60655 11-ombard U 6014$ Woodstock 1160098 L Preformed Joint Seal 1.75" 39 LF 200.00 7,800.00 22.00 858.00 150.00 5,850.00 135.00 5,265.001 75.30 2,936.70 2. Protective Coat 250 SY 0.30 75.00 1.00 250.00 I.00 250.00 0.50 125.00 1.00 250.00 3. Cleaning And Painting Steel Railing No. I I LS 1,020.00 1,020.00 2,000.00 2,000.00 2,000.00 2,000.00 2,500.00 2,500.00 3,440.00 3,440.00 4. Reinforcement Bars, Epoxy Coated 2350 Lb I.00 2,350.00 1.50 3,525.00 1.00 2,350.00 1.50 3,525.00 1.50 3,525.00 5. Bituminous Concrete Surface Removal 600 SY 15.00 4,000.00 6.00 3,600.00 4.00 2,400.00 7.50 4,500.00 13.25 7,450.00 i, Bridge Deck Overlay (Latex Modified Concrete) 190 SY 85.00 16,150.00 60.00 ' 11,400.00 80.00 15,200.00 82.00 15,580.00 120.65 22,923.50 7. Concrete Bridge Deck Scarification 0.25" 190 SY 10.00 1,900.00 25.00 4,750.00 20.00 3,800.00 15.00 2,850.00 13.25 2,517.50 8. Deck Drain To Be Adjusted 6 Ea 75.00 450.00 300.00 1,800.00 350.00 2,100.00 50.00 300.00 82.00 492.00 4. Deck Slab Repair (Full Depth Type 1) 26 SY C 110.00 2,860.00 200.00 5,200.00 160.00 4,160.00 120.00 3,120.00 204.00 5,304.00 10. Deck Slab R epair{FuU Depth Type 14 SY 110.00 1,540.00 260.00 3,640.00 180.00 2,520.00 130.00 1,820.00 202.00 2,828.00 11. Deck Slab Repair (Partial) 150 SY 60.00 4,000.00 80.00 12,000.00 60.00 4,000.00 110.00 16,500.00 85.00 12,750.00 12. Epoxy Crack Sealing 100 LF 25.00 i` 2,500.00 30.00 3,000.00 25.00 2,500.00 40.00 4,000.00 22.00 2,200.00 13. Epoxy Mortor Repair 5 CF 200.001 1,000.00 300.00 1,500.00 140.00 700.00 200.00 1,000.00 205.00: 1,025.00 14. Stone Riprap 5 SY 20.00 100.00 80.00 400.00 75.00 375.00 75.00 375.00 40.00 200.00 15. Bit Concrete Surface Soursc CII Type 2 32 Ton 100.00 3,200.00 100.00 3,200.00 120.00 3,840.00 60.00 1,920.00 126.00 4,032.00 16. Bituminous Material (Prime Coat) 205 Gal 1.00 205.00 3.00 615.00 1.00 205.00 1.00 205.00 1.35 276.75 17. Pavement Marking Tape 3000 LF 0.25 P 750.00 2.00 6,000.00 0.80 2,400.00 0.40 1,200.00 0.45 1,350.00 18. Traffic Control And Protection 1 LS 5,800.00 5,800.00 4,000.00 4,000.00 11,320.00 11,320.00 10,500.00 10,500.00 5,100.00 5,100.00 14. Maintenance Bond (Non MFT Funds) 1 LS 200.00 200.00 1,000.00 1,000.00 1,000.00 1,000.001 300.00 1 300.00l 235.001 235.00 Total 65,400.00 Total 68,738.00 Total 71,970.00 Total 75,585.001 Total 79,335.45 Village of Mount Prospect Lincoln Street Bridge 89 -00104 -00 -BR April 11, 1990 10:00 A.M. No. Item Estimated Quantity 1. Preformed Joint Seal 1.75" 39 LF 2. Protective Coat 250 SY 3. Cleaning And Painting Steel Railing No. 1 1 LS 4. Reinforcement Bars, Epoxy Coated 2350 Lb 5. Bituminous Concrete Surface Removal 600 SY i. Bridge Deck Overlay (Latex Modified Concrete) 190 SY 7. Concrete Bridge Deck Scarification 0.25" 190 SY 8. Duk Drain To Be Adjusted 6 Ea 9. Deck Slab Repair (Full Depth Type I) 26 SY 10. Duk SLb Repair (Full Depth Type II) 14 SY 11. Deck "Repair (Partial) 150 SY 12. Epocy Crack Sealing 100 LF 13. Epoxy Mortor Repair 5 CF 14. Stone Riprap 5 SY 15. Bit Concrete Surface Sourse CI I Type 2 32 Ton 16. Bituminous Material (Prime Coat) 205 Gal 17. Pavement Marking Tape 3000 LF 18. Traffic Control And Protection 1 LS 19. Maintenance Bond (Non MFT Funds) 1 LS Accu -Paving Co Chicago 1160 7 i� p Engineer's Estimate 247.00 9,633.00 73.00 2,847.00 1.25 312.50 7.50 1,875.00 950.00 950.00 1,200.00 1,200.00 0.80 1,880.00 0.75 1,762.50 4.90 2,940.00 7.50 € 4,500.00 104.00 19,760.00 45.00 8,550.00 6.00 1,140.00 8.00 1,520.00 132.00 792.00 150,00 900.00 175.00 4,550.00 200.00 5,200,00 175.00 2,450.00 250.00 3,500.00 200.00 30,000.00 95.00 14,250.00 38.00 �' 3,800.00 18.50 1,850.00 550.00 2,750.00 75.00 375.00 90.00 450.00 52.00 260.00 100.00 3,200.00 46.00 1,472.00 3.00 615.00 0.85 174.25 0.60 1,800.00 1.65 4,950.00 12,570.00 12,570.00 7,500.00 7,500.00 300.00 300.00 1 150.00 150.00 Total 99,892.50 Total 62,835.75 Page 2 Mount Prospect Public Works Department INTEROFFICE MEMORANDUM 7M My UM TO: Village Manager FROM: Director Public Works DATE: April 6, 1990 SUBJ: Purchase of Water Meters Our current contract for purchasing water meters has expired. The last time we bid for water meters was August 24, 1983, and it was for a guaranteed purchase price per meter for one year. For the past six years the low bidder, Badger Meter Company, has extended our contract at no increase in cost. Per our recommen- dation to your office, that offer has been accepted each year. Prior to the 1983 contract we had bid meters on an annual basis but the specifications were designed around the Badger meter in order to standardize on type of meter. Of the typical house size meter, 5/811 x 3/411, over 85% of our meter inventory is made by Badger Meter Co. Also for every year that we did bid, Badger Meter Co. was the low bidder. Badger Meter has now made another offer to extend our contract until August 24, 1991, again at no increase in cost. we have been purchasing about 1000 house meters a year and have a re- placement budget of $70,000, which includes funds for larger meters also. I made a survey of other customers of theirs in the area to determine if this latest offer is to our advantage. Results as follows: Est. Quan. Unit cost per Municipality Purchased in Year Meter (5/8 x 3/4) Mount Prospect 1000 $34.45 Des Plaines 100 42.94* Arl. Heights 1 - 600 41.00 Palatine 1000 40.41 Wheeling 500 41.95* Barrington 400-600 36.36 *Brass Meters Based upon the foregoing prices I would recommend that we extend our contract with Badger Meter Co. at no increase in costs. I request that this be placed on the agenda for the Village Board's consideration on April 17, 1990. 11 ."i Herbert L. Weeks HLW/eh BadqwMeterjnc. Utility Division 4545 W. Brown Deer Road, P.O. Box 23099 Milwaukee, WI 53223-0099 (414) 355-0400 Mr. Glen R. Andler April 4, 1990 Deputy Director of Public Works Mount Prospect Public Works Dept. 11 S. Pine Street Mount Prospect, IL 60056 Re- Contract Extension - Bid 08/24/83 - Water Meters Dear Mr. Andler: In accordance with your request received from our Northern Regional Manager, Mr. Jim Patton ,,we are writing to advise you that Badger Meter, Inc. will extend the contract for your bid of August 24, 1983 to August 24, 1991, with the same prices and conditions. We appreciate the opportunity to continue serving you under this contract. Sincerely, BADGER METER, INC. John W. Smilanich Assistant Vice President -Sales jm cc: Jim Patton Kurt Wirth Village of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: John Fulton Dixon, Village Manager FROM: David C. Jepson, Finance Director DATE: March 30, 1990 SUBJECT: Adoption of Budget Ordinance E -=i Attached is the Ordinance providing for an Annual Budget in lieu of an Appropriation Ordinance, and a copy of the Public Notice establishing a Public Hearing on April 17, 1990. The Notice indicates the revised budget amounts as a result of the changes approved by the Village Board on March 27, 1990 and the inclusion of the Library's budget request. A detailed listing of each item that has changed is being prepared and will be available prior to the second reading of the Ordinance. The following procedures are required before the budget can be adopted: 1. Announcement at the Village Board meeting on April 3, 1990 of a public hearing on the tentative annual budget to be held on April 17, 1990. 2. First reading of the Budget Ordinance on April 3, 1990. 3. Publication of the Public Notice of the Budget Hearing on April 5, 1990 in the Mount Prospect Herald. 4. Public Hearing on April 17, 1990 on the tentative annual budget. 5. Adoption of the Budget Ordinance on April 17, 1990. 6. Filing a copy of the Budget Ordinance with the County Clerk after adoption. The revised copies of the budget will then be compiled and will be available prior to May 1, 1990. DCJ/sm Enc PUBLIC NOTICE A 8v000t Hearing will be held on April 17, 1990 for all interested citizens of the Village of Mount Prospect, Illinois. The following budget is proposed for fiscal year beginning May 1. 1990; Village Funds: General Fund. ....,^...-,,....$17,98e,5O0 Special Revenue Funds - . . , , . . . . . . . 2,932,725 Debt Service Funuo, , . , , . . . . . . . . . 1.324,530 Capital Projects runda, . . . . , . . , . . . 6.145,165 Enterprise Fundo. . . , . . . . . . . . . . . 6.849,015 Internal Service Fund , . . . . . . . . . . . 2,134,200 Pension Funds . . . . , . ^ . . . , . , . . ~ 3 Totals . . . - . . . , , . . . u�o,oms.m5 Loao Interpund Transfers . . .401,750> Totals - Village Funds . . . . T4o,4ov,3un Library rvnu . . . . . . . , . . ' 2 546 920 a. d. r. Totals - Village nLibrary vu,.. . The meeting will be held in the Mount Prospect Senior Center, 50 South Emerson Street, Mount Prospect, Illinois, for the purpose of discussion or the proposed budget at 7`30 p.m. The proposed budget may be examined on weekdays in the Office of the village Clerk in the Village Holl, 100 S. Emerson Street, Mount Prospect, Illinois between 8:30 a.m. and 5:00 p.m. All interested citizens will have the opportunity to give written and oral comments. Senior Citizens are encouraged to attend and comment, JOHN FULT0w DIXON Published in Mt. Prospect Herald April 5, 1990. ORDINANCE NO. AN omozmAwcc xVOPTzwo AN ANNUAL 8Uo&sr FOR THE VILLAGE OF MOUNT PROSPECT FOR THE FISCAL YEAR c0nwswCrNc MAY 1, 1990 TO APRIL `n, 1991 IN LIEU OF PASSAGE OF AN APPROPRIATION ORDINANCE wxEnc45, the President and Board of Trustees of the Village of mount Prospect in accordance with Statutes, have provided for the preparation and adoption or an annual budget in lieu of passage of -em Appropriation Ordinance for the fiscal year commencing May 1, 1990 to April 30, 1991; and WHEREAS, the tentative annual budget for the Village of Mount Prospect for the fiscal year beginning May 1, 1990 and ending April 30, 1991, as prepared by the Budget Officer for the Village and submitted to the President and Board of Trustees, was placed on file in the Office of the viDeoo Clerk on April 5, 1990" for public inspection, as provided by Statute; and WHEREAS, pursuant to notice duly published on April 5, 1990, a public hearing was held by the President and Board of Trustees on said tentative annual budget on April 17, 1990, as provided by statute; and WHEREAS, following said public hearing, said tentative annual budget was reviewed by the President and Board of Trustees and a copy of said tentative annual budget is attached vnrotn and hereby made a part hereof. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE vluAC[ OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE. The tentative annual budget for the Village of Mount Prospect beginning May 1, 1990 and ending April }O, 1991, e copy of which is attached hereto and made a part »erevf, is hereby approved and adopted as the Annual Budget for the Village or Mount Prospect for said fiscal year. SECTION TWO: within thirty (JO) days following the adoption of this Ordinance there shall be filed with the County Clerk of Cook County a copy thereof duly certified by the Village Clerk and Estimate of Havo"uev by source anticipated to be received by the village in the fiscal year beginning May 1, 1990 and ending April 30, 1991, duly certified by the Chi=p Fiscal Officer. SscTzow T*ncs: 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, ABSENT: PASSED AND APPROVED this.17th day of.L�' 1990. ATTEST: Carol A. Fields Village Clerk Gerald L. Farley Village President Villages of Mount Prospect Mount Prospect, Illinois r' I INTEROFFICE MEMORANDUM TO: John Fulton Dixon, Village Manager FROM: David C. Jepson, Finance Director DATE: April 12, 1990 SUBJECT: 1990/91 Budget Changes Attached is a schedule listing the changes to the 1990/91 budget that have been discussed at the Committee of the Whole budget meetings. The first four pages identify revenue changes and the last six pages itemize the expenditure changes. A summary of all the revenue changes can be found on page 4 and a summary of the expenditure changes can be found on the last page. Following is a brief explanation of the changes: Revenues In the General Fund, total revenues are expected to decrease from $20,479,500 to $19,489,500, a reduction of $990,000. The overall reduction is made up of a number of increases and decreases, but the significant changes include: Reduced Sales Tax Revenue Estimates $<180,000> Elimination of the Elk Grove Rural FPD Fees <850,000> Reduced State Income Tax Surcharge Estimate <250,000> Reduced Recycling Grant <137,500> Transfer of Flood Control Service Charge to New Fund <305,000> Addition of Real Estate Transfer Tax 325,000 Addition of Schoenbeck Road Reimbursement 400,000 All Other Changes 7,500 Totals <990.000> The changes in other funds include the addition of a Flood Control Revenue Fund to account for Flood Control User Charges rather than including these revenues in the General Fund, an increase in the CDBG Fund to reflect increases in grant monies that will be received to offset higher project expenditures, and changes in the IMRF Fund and Bond and Interest Funds to reflect changes in the distribution of property taxes as a result of*the reduction in the 1990 levy. Additionally, there is an increase in the Water Fund due to the expected receipt of a Sewer Rehab Grant and the addition of the Motor Equipment Pool Fund is to account for motor equipment replacement costs. John Fulton Dixon pene 2 1990/9/ Budget Changes Total Village revenues ahu° an overall increase from $41,095,630 to $41,540,630, for an increase of $445,000, In addition to revenues for village purposes, revenues of $2,546,920 for the Library have been added. Expenditures The changes in expenditures are primarily due to the elimination of one new position in the Police Department, the elimination or three new positions and the expected reduction of three existing positions in the Fire Department, the elimination of one now part-time position in Human Services, changes in a number of major projects and the ,xongoa associated with the establishment of the Motor Equipment Pool Fund. Departmental changes in the General Fund include the following: Inspection Services $< 60,00} Police Department < 60,500/ Fire Department (554,020> Human Services Division ( 12,350* Planning & Zoning Department < 38,508> stcer+ Division 359,500 Solid Waste Disposal <155,920> Capital Improvements <130,800> All Other Changes < 200> Total $<6511990> Other Cxanpea include inooaaaon in the CD8G Fund ($181,500), water Fund ($42,500), the Motor Equipment Pool Fund ($393,200), and the capital Improvement Fund ($186,050). One significant decrease ($131,500) in in the Parking Fund and is due to a reduction in the estimate for Retaining Wall Repairs. The total changes in expenditures v»o° on overall increase of $324,760, raising the 1*90/91 uvugot totals from $40,079,625 to $40,404,385. Library expenditures or $2,546,920 have also been added and are in addition to we above totals. John Fulton Dixon Page 7 1990/91 Budget Changes After r,viewinq the above changes, one of the logical questions that surfaces is why the total budget is going up when significant reductions have been made. x related issue is trying to explain the distortion that often occurs when comparing total uvu9et amounts from one year to the next year. There are three areas where budget totals from one year exovlo not be uumnaceu with uvuuet totals from the previous year. Those three areas are: 1) The expenditure or Bond Proceeds; 2) Pension Fund balancing amounts; and 3) Payments to Internal Service ronue, The reasons these amounts should not be included is because they result in expenditures being counted twice. For bond proceeds, the provision for principal repayment in the Debt Service Funds results in a duplication of the bond proceeds amount. Additionally, if the bond proceeds are not entirely expended in the year received, the remaining amounts are re -budgeted in subsequent years. The amounts recorded in the Police and Fire Pension Funds as Provision For Future Pensions is actually not an expenditure but a balancing amount to offset expected revenues. And the payments to on Internal Service Fund represent an expenditure in an operating department as well as an expenditure in the Internal 5mrv1oo Fund. For example, the Police Department shows a veh icle Lease Payment of $130,000 and ummr departments axmw payments of $436,000 for e total of B56e'000, The Motor Equipment Pool then shows expenditures of $393,200 and the Capital Improvement Fund ex000 $186,050 for ,he same purpose. The last area discussed is why the revised 1990/91 budget is more than the budget as originally presented. If we take the 1990/91 budget as proposed and as revised and adjust the totals for the three areas indicated above and then compare the adjusted totals with the 1989/90 budget adjusted in the same manner, we see the following results: The adjusted totals for 1990/91 show o reduction from $31,296,125 to $31,072,885. for e true reduction or $223,240. 1989/90 1990/91 1990/91 Budget Proposed` Revised�' Total 8uuqot Amounts $34,746,080 $4090791625 $40,404,385 «dJ"etmrnto' Bond Proceeds $ 1,500,000 $ 5,000.000 $ 5,000,000 Police Pension Provision 1,082,800 1,154,000 1,154,000 Fire Pension Provision 1,254,500 1,220,000 1,220,000 � Risk menennmont Fund 1,253,170 1,409,500 1,391,500 M� Equipment Motor quipmen Pool -__ - 566,000 Total Adjustments xoJunteo Budget Totals $29.t655 650 $31,296 125 $31,072,885 The adjusted totals for 1990/91 show o reduction from $31,296,125 to $31,072,885. for e true reduction or $223,240. John Fulton Dixon Page 4 1990/91 Budget Changes The above comparison not. only provides a more accurate analysis of the changes from the 1990/91 budget as presented and as revised, but it also provides a more accurate means to measure the increase from 1989/90 to 1990/91. The increase of unadjusted budget totals from 1989/90 to 1990/92 shows a 16,�% jump. However, when the adjusted budget totals aro cwnpaccu, it shows a more modest increase of 4.8'A. I believe this is e much more appropriate manner by which to compare budget totals. VILLAGE OF MOUNT PROSPECT 1990/91 Budget Changes Revenues 90/91 90/91 Proposed Revised Increase Budget Budget <Decrease> General Fund 1-000-00-4001 Taxes - Corporate Current $ 1,528,400 $ 1,514,500 $< 13,900> 1-000-00-4004 Taxes - Garbage Current 731,200 745,600 14,400 1-000-00-4013 Retailers Occupation Tax 6,045,000 5,925,000 < 120,000> 1-000-00-4014 Sales Tax - Special Payment 30,000 - < 30,000> 1-000-00-4017 Real Estate Transfer Tax 200,000 525,000 325,000 1-000-00-4150 State Income Tax 1,760,000 1,775,000 15,000 1-000-00-4152 State Income Tax Surcharge 1,750,000 1,500,000 < 250,000> 1-000-00-4160 Recycling Grant 140,000 2,500 < 137,500> 1-000-00-4161 Grant - Police MEG - 10,000 10,000 1-000-00-4179 Elk Grove Rural FPD 850,000 - < 850,000> 1-000-00-4190 Flood Control Service Charge 305,000 - < 305,000> 1-000-00-4251 MROT Interest Distribution 30,000 < 30,000> 1-000-00-4268 Seminole Lane Reimbursement 18,000 - < 18,000> 1-000-00-4268 Schoenbeck Rd Reimbursement - 400,000 400,000 General Fund Changes $13,387,600 $12,397,600 $< 990,000> All Other General Fund Revenues 7,091,900 7,091,900 Amended General Fund Revenues $20,479,500 $19,489,500 < 990000> Flood Control Revenue Fund 21-000-00-4190 Flood Control Service Charge $ $ 305 000 305.000 CDBG Fund 23-000-00-4155 CDBG Grant $ 398,225 $ 529,725 $ 141,500 23-000-00-4241 Program Income 10,000 50,000 401000 Revised CDBG Fund Totals $ 408.225 $ 589,725 $ 181.5500 IMRF Fund 24-000-00-4055 Taxes Current $ 301,600 $ 307,600 $ 6,000 All Other IMRF Revenue 382,600 382,600 _. Revised IMRF Fund Revenue $ 684 200 $ 690.200 $ 6,000 VILLAGE OF MOUNT PROSPECT 1990/91 Budget Changes Revenues Motor Equipment Pool Fund 48-800-00-4176 Inspection Services Charges $ - 90/91 90/91 48-000-00-4177 Human Services Charges - 1,500 Proposed ne"iaou Increase 1,500 1,508 Budget Budget <Decrease> Water & Sewer Fund 48-000-00-4180 Fire Department Charges - 135,000 135,000 41-000-00-4157 Grant - So°nc Rehab $ - 392,400 $ 392.400 All other Water Revenue 87,500 6,1|00,BOO _-6,100,800 -__ Rr*ioeo Water Fund Revenue L~6a_100.�Q. 48-000-00-4248 ����� �~~�24.400 5,000 48-000-00-4262 Risk Management Fund 2,500 2,500 48-000-00-4263 Sale or P.W. Equipment - 49-000-00-4176 General Fund Charges $ 1,224,000 $ /,206,000 ${ 18.000> All Other Risk mqt, Revenue Revised 625,000 625,0K00� - Revised Risk Mgt. Revenue $~1*849.000 ��4�1.�00 L~L84-000> Motor Equipment Pool Fund 48-800-00-4176 Inspection Services Charges $ - $ 12,000 $ 12,000 48-000-00-4177 Human Services Charges - 1,500 1,500 48-000-00-4178 Planning & Zoning Charges - 1,500 1,508 48-000-00-4179 Police Department Cxecooa - 130,000 130,000 48-000-00-4180 Fire Department Charges - 135,000 135,000 48-000-00-4181 Street Division Charges - 190,000 1e0,000 48-000-00-4182 Water Division Cxornoe - 87,500 87,500 4e-000-00-4183 pacuinn Division Charges - 8,500 o,500 48-000-00-4248 Investment Income - 5,000 5,000 48-000-00-4262 Salo of Fire Equipment - 2,500 2,500 48-000-00-4263 Sale or P.W. Equipment - 10,000 10,000 48-000-00-4264 sozo of Police Equipment -__ O 10�V0} 10,000 Revised Motor Equipment Pool ru^u �~�~�~� $~_~59[3.A500� ~593.500� Capital zmnrv' & Replacement Fund 51-000-00-4016 Taxes Current $ 182,800 $ 1n6,400 $ 3,600 51-000-00-4262 Sale of Fire Equipment 2,500 - < 2,500/ 51-000-00-4263 Sale of P.W. Equipment 10,000 - < 10,000> 51-000-oo-4264 Sale or Police Equipment 20,000 - < 10,000> 51-000-00-4268 Historical Society Donation 25,000 30,000� 5,/000 Capital Impcv. Fund Charges $ 230,300 $ 216°400 $< 13,900> All other CIRR Fund Revenues 391,000. 391,000� - Revised CzRR Fund Revenues $~�621 300[ $�~6079400��900> -2- , VILLAGE OF MOUNT PROSPECT 1990/91 Budget Changes "evonm,a 90/91 90/91 propnno^ Revised Increase Budget Budget ( Corporate 60-000-00-4019 Taxes Current $ 73,250 $ 7*,700 $ 1,450 All other Corp. Purv. 1973 Revenues 107,250 107,250 - Revised Corp. Pvrp, 1973 Revenues $~�180.500� L~~~U1.4��. �~�~�~,450 68 -000 -00 -*019 Taxes Current $ 18,650 $ - $< 18,650> 68-000-00-4224 Trans - o/T Const 1985 5,350 24,000 18,650! o/T nedevelp B & I Changes $ 24,000 $ 24,000 $ - 9O � All Other D/T Rauovelp B & I Revenues ___2.0,37575 Revised 0/T Reupvrin a a z Revenues $~�114L.375 $~������ $~�~��~�� Public Works Facilit H & I 1987B 69-000-00-4019 Taxes Current $ 172,500 $ 175,900 $ 3,400 All Other P w Facility B a I Revenues 196,250 Revised P w Facility 8 a I Revenues $~�368,750 $~�372,J50$��~3 400� VILLAGE OF MOUNT PROSPECT 1990/91 Budget Changes Summary or Revenue Changes General pvnx Flood Control Revenue Fund coRC ruwu zwRF Fund Water and Sewer Fund Risk Management Fund Motor Equipment Pool Fund Capital lmpc^ & Replacement Fund Corporate Purposes B a I - 1973 Corporate Purposes 8 & l - 1974 Downtown Redevelopment e & I - 19870 Public wocva rac/luy8 a l - 19878 Total village Revenue Changes All Other Village Revenues Revised village Revenue Changes Revised Village Revenue O`omnoo Lasa' zntorfund Transfers Revised Village Revenues Library ruvu ����� Library nevo^vea 90/91 90/91 p,upvood Revised Increase Budget Budget <Dnc> $20,479°500 $19,489,500 $< 990,000/ - 305,000 305,000 408,225 589,725 181,500 684,200 690,200 6,000 6,100,800 6,493,200 392,480 1,849,000 1,871,000 < 18,000> - 593,500 593,500 621,300 607,400 < 13,900> 180,500 181.950 1,450 267,150 269,450 2,300 114,375 114,375 - 368, 750 372,150 3,400 $3/.073,800 $71,537,450 $ 463,650 10,423,580 10,423,580 jaj4A27 �� 1412961,,Q30 ����, $41,*97.380 $41,961,070 $ 463,650 8 4 750> 4 _/�_4��7�� _/�_42u,400> _« -18,65x0> ��95,6 1��Q�� ���� $ _7�����0 ��6.920. VILLAGE OF MOUNT PROSPECT 1990/91 Budget Changes Expenditures General Fund Finance Department 1-031-04-5843 Overtime Inspection Services 1-037-02-6670 Vehicle Lease Payment 1-037-06-6670 Vehicle Lease Payment 1-037-06-6620 Seminole Lane Engineering Police Department 1-041-01-5421 Record Clerks P/T 1-041-01-6420 Training 1-041-02-5209 Gang Crimes Task Force 1-041-02-5210 Patrol Officers 1-041-02-5811 Holiday Pay 1-041-02-5843 Overtime 1-041-02-5851 Clothing Allowance 1-041-02-6650 Medical Insurance 1-041-02-7109 Clothing Supplies 1-041-02-8002 Breathalyzer Machine 1-041-06-6122 Squad Conversion 1-041-06-8003 Mobile Data Terminals 1-041-06-8008 Visabar Unitrols 1-041-06-8013 Tune -Up Scope Fire Department 1-042-01-7110 Clothing Supplies, 1-042-02-5121 Lieutenant/Paramedic 1-042-02-5230 Fireman 1-042-02-5231 Fireman/Paramedic 1-042-02-5811 Holiday Pay 1-042-02-5843 Overtime - Hire Back 1-042-02-6216 Training - EMS 1-042-02-6421 Training - Fire Suppression 1-042-02-6650 Medical Insurance 90/91 90/91 Proposed Revised Increase Budget Budget <Decrease> $ 4,500 $ 4,300 $< 200> $ - $ 5,200 $ 5,200 6,800 6,800 72,000 - < 72,000> $ 44,805 $ 39,805 $< 5,000> 55,100 46,200 < 8,900> 37,975 - < 37,975> 1,440,940 1,453,915 12,975 85,175 84,225 < 950> 147,500 145,500 < 2,000> 24,750 24,300 < 450> 201,000 198,000 < 3,000> 12,000 11,250 < 750> 5,000 - < 5,000> 3,000 - < 3,000> 4,500 - < 4,500> 3,450 3,000 < 450> 1,500 - < 1,500> $ 30,200 $ 28,250 $< 1,950> 318,265 181,865 < 136,400> 702,325 590,875 < 111,450> 1,239,360 1,313,200 73,840 93,215 87,126 < 6,090> 149,215 39,000 < 110,215> 12,875 10,675 < 2,200> 22,175 19,775 < 2,400> 207,000 192,000 < 15,000> VILLAGE OF MOUNT PROSPECT 1990/91 Budget Changes Expenditures Solid Waste Disposal 1-075-02-6290 Snuu Waste Agency 1-075-02-8001 Transfer Site Development -2- $ 125,920 $ 100,000 $< 25,920/ 130,000 - { 130,000> 90/91 90/91 Proposed Revised Increase Budget Fire Department 1-042-02-6680 Fire Service - Des Plaines $ 170,000 $ - $< 770,000> 1-842-02-8020 Emergency Generator - 14 8,000 - < a.00O} 1-042-02-8101 Station Furnishings - 11 20,000 - / 20.000/ 1-042-02-8102 office Equipment - 11 6,000 - < 6,800> 1-042-02-8103 Phys Conditioning Equip - 11 5,150 - ( 5,150} 1-042-02-8104 Emergency Generator - 41 8,000 - < 8,000> 1-042-02-8105 Paramedic Equip - 11 25,000 - < 25,000> 1-042-04-6210 Organizational Memberships 605 600 < 5} Human Services Division 1-052-01-6670 Vehicle Lease Payment $ - $ 1,500 $ 1.500 1-052-04-5135 Social Worker p/T 13,850 - < 13,850> Planning & Zoning Department 1-062-01-6670 Vehicle Lease Payment $ - $ 1^500 $ 1,500 1-062-01-6675 Zoning Ordinances Revision 40,000 - < 40,000> Street Division 1-871-02-7355 muiot Supplies - Ste 11 $ 3,000 $ - $< 3,000/ 1-071-02-8103 Backwater Valve - 5tn 14 14,000 - < 14,000> 1-071-02-8104 Emergency Exit - Sta 14 2,500 - < 2,500/ 1-071-02-8110 p w 8lun Shelving 3,000 - < 3,000/ 1-071-04-8306 5cx"enued' Ru lmpr" - 400,000 400,000 1-071-08-8009 nepl Brush Chipper - 4515 18,000 - ( 18,000> Solid Waste Disposal 1-075-02-6290 Snuu Waste Agency 1-075-02-8001 Transfer Site Development -2- $ 125,920 $ 100,000 $< 25,920/ 130,000 - { 130,000> VILLAGE OF MOUNT PROSPECT 1990/91 Budget Changes Expenditures -3- 90/91 90/91 Proposed Revised Increase Budget Budget <Decrease> Capital Improvements 1-077-81-8003 Melas Park Development. $ _ $ 100,000 $ 100,000 1-077-81-8004 Melas Park/P W Sewer - 75,000 75,000 1-077-91-9817 Transfer C/P 1990 B & I 305,000 - < 305,000> Total General Fund Changes $ 5,815,850 $ 5,163,860 $< 651,990> All Other General Fund 12,825,640 12,825,640 - Revised General Fund $18,641,490 ILL12195 $< 651 990> Flood Control Revenue Fund 21-077-91-9817 Transfer C/P 1990 B & I $$ - $ 305.000 $ 305.000 CDBG Fund 23-062-05-6466 Asbestos Removal S/C $ 20,000 $ 27,500 $ 7,500 23-062-06-8001 Handicapped Access P/B 25,000 34,000 9,000 23-062-06-8013 Boxwood Street Impry 140,000 265,000 125,000 23-062-12-8951 Multi -Family Rehab - 40,000 40,000 Total CDBG Fund Changes $ 185,000 $ 366,500 $ 181,500 All Other CDBG Fund 223,225 223,225 - Revised CDBG Fund $_408,225 $ 589,725 $$ 1814500 Water & Sewer Fund 41-072-08-6670 Vehicle Lease Payment $ - $ 87,500 $ 87,500 41 -072 -OB -8018 Repl Scissor Platform 20,000 - < 20,000> 41-072-08-8109 Repl Pickup/Utility - 2712 32,000 - < 32,000> 41-072-08-8205 Repl Trk Mtd Crane - 2723 63,000 - < 63,000> 41-072-12-6703 Oper/Maint Costs - JAWA 170,000 240,000 70,000 Total Water Fund Changes $ 285,000 $ 327,500 $ 42,500 All Other Water Fund 6,383,970 6,383,970 - Revised Water Fund Totals $ 6,668,970 6.711.470 42,500 -3- VILLAGE OF MOUNT PROSPECT 1990/91 Budget Changes Expenditures Parking Fund 46-073-01-6670 Vehicle Lease Payment 46-073-03-8729 Retaining Wall Repairs Total Parking Fund Changes All Other Parking Fund Revised Parkinq Fund Totals Motor Equipment Pool Fund 90/91 Proposed Budget 90/91 Revised Budget Increase <Decrease> $ - $ B,500 $ 8,500 210,000 70,000 < 140,000> $ 210,000 $ 78,500 $< 131,500> 129,045 129,045 - $ 339:045 $ 207,545 L_121...500> 48-077-93-8104 Staff Car Replacement $ - $ 14,700 $ 14,700 48-077-93-8216 Repl Brush Chipper - 4515 - 18,000 18,000 48-077-93-8232 Repl Street Sweeper - 4504 - 80,000 80,000 48-077-93-8235 Repl Tow Truck - 2727 - 97,500 97,500 48-077-93-8239 Repl Mower/Tractor - 4548 - 24,000 24,000 48-077-93-8241 Repl Pickup Truck - 4526 - 22,000 22,000 48-077-93-8251 Repl Pool Vehicle - 307 - 11,000 11,000 48-077-93-8252 Repl Pool Vehicle - 308 - 11,000 11,000 48-077-93-8301 Repl Scissor Platform - 20,000 20,000 48-077-93-8302 Repl Pickup/Utility - 2712 - 32,000 32,000 48-077-93-8303 Repl Trk Mtd Crane - 2733 - 63,000 63,000 Revised Motor Equip Pool Fund Totals $ $ 393,200 $ 393,200 Capital Impry and Replacement Fund Police Department 51-041-02-8002 Breathalyzer Machine $ - $ 5,000 $ 5,000 51-041-06-6670 Vehicle Lease Payment - 130,000 130,000 51-041-06-8001 Police Vehicles 45,000 - < 45,000> 51-041-06-8004 Radios 2,000 500 < 1,500> 51-041-06-8013 Tune Up Scope - 1,500 1,500 Fire Department 51-042-02-8015 Turn Out Clothing $ 9,905 $ 7,655 $< 2,250> 51-042-02-8020 Emergency Generator - Sta 14 8,000 8,000 51-042-06-6670 Vehicle Lease Payment - 135,000 135,000 51-042-06-8959 New Ambulance 65,000 - < 65,000> 51-042-06-8962 Staff Car Replacement 14,700 - < 14,700> -4- Downtown Redevelopment Const. - 1985 55-077-62-9816 Trans - D/T 1987D B & I All Other D/T Redvlp Fund Revised D/T Redevlp Fund $ 5,350 $ 24,000 $ 18,650 __66j 7 35 66,735 - $$ 72,085 90,735 $ 18.650 VILLAGE OF MOUNT PROSPECT 1990/91 Budget Changes Expenditures 90/91 90/91 Proposed Revised Increase Budget Budget <Decrease> Street Division 51-071-02-8103 Backwater Valve - Sta 14 $ - $ 14,000 $ 14,000 51-071-02-8104 Emergency Exit - Sta 14 - 2,500 2,500 51-071-02-8110 P W Bldg Shelving - 3,000 3,000 51-071-12-6670 Vehicle Lease Payment - 190,000 190,000 51-071-12-8103 Repl Street Sweeper - 4504 80,000 - < 80,000> 51-071-12-8155 Repl Tow Truck - 2727 97,500 - < 97,500>' 51-071-12-8207 Repl Mower/Tractor - 4548 24,000 - < 24,000> 51-071-12-8303 Repl Pick Up Truck - 4526 22,000 - < 22,000> 51-071-13-8003 Repl Pool Vehicle - 307 11,000 - < 11,000> 51-071-13-8004 Repl Pool Vehicle - 308 11,000 - < 11,000> Capital Improvements 51-077-81-8001 Historical Society Bldg $ 50,000 $ 45,000 $< 5,000> Motor Equipment. Pool 51-077-93-8001 Police Vehicles $ - $ 39,000 $ 39,000 51-077-93-8101 Ambulance Rechassis - 37,000 37,000 $ 432,105 $ 618,155 $ 186,050 354,925 354,925 - $$ 7 973080 186050 Downtown Redevelopment Const. - 1985 55-077-62-9816 Trans - D/T 1987D B & I All Other D/T Redvlp Fund Revised D/T Redevlp Fund $ 5,350 $ 24,000 $ 18,650 __66j 7 35 66,735 - $$ 72,085 90,735 $ 18.650 VILLAGE OF MOUNT PROSPECT 1990/91 Budget Changes Summary of Expenditure Changes General Fund Flood Control Revenue Fund CDBG Fund Water & Sewer Fund Parking Fund Motor Equipment Pool Fund Capital Impry & Repl Fund Downtown Redevelopment Const 1985 Total Changes - Village Funds All Other Village Funds Revised Totals - Village Funds Revised Totals - Village Funds Less; Interfund Transfers Revised Village Expenditures Library Fund Revised Library Expenditures -6- 90/91 90/91 Proposed Revised Increase Budget Budget <Decrease> $18,641,490 $17,989,500 $< 651,990> - 305,000 305,000 408,225 589,725 181,500 6,668,970 6,711,470 42,500 339,045 207,545 < 131,500> - 393,200 393,200 787,030 973,080 186,050 72,085 90,735 18,650 $26,916,845 $27,260,255 $ 343,410 13,564,530 13,564,530 - $40,481.375 $40.824.785 $ 343 410 $40,481,375 $40,824,785 $ 343,410 << 4�> < 420,400> < 18,650> $403079»625 =$=4=044041.385 324.760 $ 2,54=6,920 2 546920 Mount Prospect Public Works Department INTEROFFICE MEMORANDUM TO: Village Manager FROM: Deputy Director Public Works DATE: April 10, 1990 SUBJ: Sewer Rehab Change Order Request Village SbHftLSystem During the course of the sewer grouting contract on the Village sanitary sewer system our contractor Visu-Sewer reported 8 loca- tions where the sewers were broken and/or partially collapsed. Thus they were unable to grout them and seal off the point of storm water infiltration. Under a separate contract Joel Kennedy is responsible for the spot repairs to the sanitary sewer system. A spot repair in- cludes excavating down to the broken sewer and replacing those sections of damaged pipe. Based on Kennedy's current contract unit price for spot repairs, Donohue has estimated a cost of $16,140.00 to repair these eight locations. (see attached April 9, 1990 letter) I believe it is in our best interest that we repair these at this time and re- move the potential threat of a future sewer failure. Because these sections of sewer were originally shown to be cost effective for repair under our IEPA grant program, I will re- quest a change order approval to our grant award. There is a $5000.00 contingency fund and it is likely that as long as these sections were in fact cost effective to repair we will at the least be authorized funding up to the maximum of our contingen- cy. It is also possible that should there be excess funds in the state's sewer grant program we could receive reimbursement for the full amount. I therefore request the Village Board authorize an increase to Joel Kennedy's contract in an amount not to exceed $16,140.00. Prospect Meadows Sewer .,System All sewer repair work has been completed on the Prospect Meadows sewer rehab project. The only remaining work is the restoration of all the parkways, driveways and streets. Due to the exten- sive repair work done on the Bob -0 -Link sewer between Elmhurst and Forest a good portion of the street surface is scheduled to be patched. Before this contract was started the street was not in the best of shape. This is a no curb area and a lot of the pavement was breaking off at the shoulders edge. we have requested a price from Joel Kennedy to overlay the en- tire street versus just patching the trench area. They have quoted a price of $19,000 which includes all grinding, prime coat and application of 1-1/2" overlay. Donohue has reviewed this price and it is my recommendation that the Village Board authorize an increase to Joel Kennedy's contract in an amount not to exceed $19,000. Under the Prospect Meadows grant there is an $8,000.00 contingen- cy fund and I will be submitting a request for reimbursement from the IEPA for this extra cost. GlLenndl R. A er GRA/eh cc: Herbert L. Weeks Jerry McIntosh April 9 ,1990 Village of Mount Prospect 1700 West Centrai Road Mount Prospect , Illinois 60056 Attn : Glen R. Andler Deputy Director of Public Works Re: Village of Sewer Prospect " ENGINEERS Sanitary Sewer Rehabilitation ARCHITECTS Contract "B" (Village Portion) SCIENTISTS Donohue Project No. 15800 Dear Mr. Andler, Per your request at our meeting on Apri 15 , 1990 in which we reviewed several sanitary sewer video tapes from the recently completed sewer grouting contract , the following is an estimate of the asst of adding (8) repair sections into Contract "B" which were found to be sources of Infiltration into the sanitary sewer system : Line Location b to Manhole Station Size Length cost 1. Elm Street ..... 283007... 285102 ... 0+81 ........ 8" 6 L.F, $330/I..F. $ 1,980.00 2. Elm Street ..... 285007 ... 28S 102 ... 205-208- 8" " $ 1,980.00 3. Louis Street..... 295014 ... 29SO l 1 ... 0+26 ........ 8" $ 1,980.00 4. Estates Drive.... 12SO 18 ... 12SO 17 ... 0+59 ........ 8" $ 1,980.00 S. Wille Street .... 175033 ...175037 ... 1+93 ....... 8" $ 1,980.00 6. Busse Road ......123022 ...125020 ... 062-064..12" " $350/L.F. $ 2,100.00 7. Hat len Ave. ..... 01S042 ...025016 ... 1+59 ........ 12 " $ 2,100.00 8. Berkshire ........ 185034 ...17SO43 ... 0+64 ....... 10" " $340/L.F. QM Total Cost Of 6=Retav Work ....... $ 16,140.00 The above figure is based on an estimated 6 lineal feet of sewer replacement at each location. Final measurements taken at the time of the replacement may reflect an increase or decrease in the estimated 6 lineal feet. If you have any questions regarding the above , please feel free to cal l me at ext. 278. Si ly , DONOHUE&ASU ES , INC. E . David SeidenzahI P.E. Project Manager Construction Related Services ■ 1501 Woodfield Road Suite 100 Fist Srhmonburg, Illinois 60173 708605.8800 Telefax 708605.8914 VILLAGE OF MOUNT PROSPECT PLANNING AND ZONING DEPARTMENT Mount Prospect, Illinois TO: JOHN F. DIXON, VILLAGE MANAGER FROM: DAVID M. CLEMENTS, DIRECTOR OF PLANNING AND ZONING DATE: APRIL 12, 1990 SUBJECT: FIELD CHANGE - EUCLID LAKE VILLAS The Euclid Lake Villas Homeowners Association in Boxwood is requesting a field change for their 49 unit development. The Association is requesting that their homeowners be permitted to construct chain-link fences around the perimeter of the small backyard of each unit. Their letter and site plan are attached. An inspection found that there are several homeowners that have fenced rear yards. Some of these fences are in good shape, many are in disrepair. Each unit also has a small wooden deck with a privacy fence. The townhome units in Boxwood were originally designed with common yards, open space and parking. Fences behind each townhome will very much divide up the limited open space and possibly create a very cluttered, congested look behind the townhomes. The proposed small fenced yards might not be large enough for children to play certain games, and children might be forced to play more in the parking areas and driveways, where there would be more room. Also, the individual fenced rear yards might not be maintained in a uniformed fashion as is done with common open space. If more privacy is desired, it could be accomplished with landscaping at certain locations, such as next to the parking lots. The Planning and Zoning staff cannot recommend approval of individual fences at Euclid Lake Villas, for the reasons noted above. Representatives of the Association will attend the April 17 Village Board meeting. N�_N I50MNWAKn� LM] I f I 6bmi March 29, 1990 EUCLID LAKE VILLAS HOMEOWNER'S ASSOCIATION 405 E. Euclid Ave. Suite 2 Mount Prospect IL 60056 253-5499 Mr. David M. Clements Director of Planning & Zoning Village of Mount Prospect 100 South Emerson Mount Prospect, IL 60056 RE: Euclid Lake Villas Homeowners Association Plans for Fences Dear Mr. Clements: VO4 of Mount Prow APR 3 1990 zu:lf?g Enclosed is our copy of our diagram for fences for our Townhouse Association. We are a new Association and are trying to beautify our area. in the past we have had numerous problems with trying to keep our lawns and homes in good condition. We currently have problems with cars driving on lawns, children bike riding on the lawns as well as children playing in other residents yards. We feel, that the fences would eliminate these problems and help the residents to start restoring their backyards. We would sincerely appreciate any and all consideration from your office concerning this matter. Please advise us of the procedures required to pursue this matter. Sincerely, e -'David D. Gardner President Euclid Lake Villas HOA DDG/scf encl. P.S. Mailing Address: 1222 N. Wheeling Road, Mount Prospect, Illinois 60056. Telephone Number (708) 253-3561 1222 N. Whealkg Rd. Mt, Pft"t, IL 60046