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HomeMy WebLinkAbout0129_001MINUTES COMMITTEE OF THE WHOLE MAY 9, 1989 I. ROLL CALL The meeting was called to order at 7:33 p.m. Present at the meeting were: Mayor Gerald L. Farley, Trustees Ralph Arthur, Timothy Corcoran, Leo Floros, and Theodore Wattenberg. Absent from the meeting were: Trustees Mark Busse and George Van Geem. Also present at the meeting were: Village Manager John Fulton Dixon, Assistant Village Manager Michael Janonis, Public Works Director Herbert Weeks and Village Attorney Everette Hill. Also present were three persons from the print media. 11. MINUTES The Minutes of the Committee of the Whole meeting of April 11, 1989 were accepted and filed. Ill. CITIZENS TO BE HEARD Ms. Patti Lenar, 601 East Prospect Avenue appeared before the Committee of the Whole to request a street light at the corner of Prospect Avenue and William Street. Ms Lenar said that the apartment complex in which she lives has been experiencing trouble with an alleged "peeping Tom" and she felt that a street light would have a deterrent effect. Mayor Farley indicated that Ms. Lenar's request would probably have to be reviewed by the Safety Commission. She was instructed to leave her name and address with Assistant Village Manager Michael Janonis and staff would look into this matter in further detail. IV. TRAFFIC COURT FINES John Fulton Dixon reviewed with Committee members the Cook County Court system's policy of deducting Court costs from municipal traffic fines. Mr. Dixon estimated that the Village could be losing approximately two-thirds of its fine revenue because of the Cook County Court system's questionable policies. Village Attorney Everette Hill reviewed with Committee members the Court fine procedures. He indicated that the State Legislature, over the years, has imposed various surcharges; i.e., Court costs, to cover the cost of various traffic -related State and County functions including Driver Education courses, State Police training and other similar subject areas. The original intent of the Legislature in establishing these surcharges was to have the cost added on to the fine levied by a Judge. In fact, Mr. Hill stated that the Illinois Supreme Court rules indicate that such charges are to be levied in addition to fines. Mr. Hill stated that in all counties except Cook, the procedure is, in fact, to assess Court costsion top of any fines levied by a Judge. However, in Cook County, just the opposite happens. The Clerk of the Court subtracts the surcharges from the fine levied by the Judge and in many cases, the municipality receives absolutely no fine monies in a given case. Only when the fine exceeds $50.00 does the Village receive a small portion of the fine money. Mr. Hill stated that because most traffic violations in Cook County are disposed of through supervision and a fine called, "Court Costs," the Village receives absolutely no money. Mr. Hill further indicated that the decision to handle fines in this manner probably was instituted by the presiding Circuit Judges and that the Clerk of the Circuit Court was simply carrying out the mandates of the presiding Judge. Mr. Hill also stated that he has attempted to have this practice changed over the past several years but has had no success. Discussion among Committee members resulted in the consensus that the Northwest Municipal Conference membership should be advised of the situation and seek relief from the presiding Judge through that organization. It was generally agreed upon that litigation was a last resort in bringing about the desired change. Trustee Wattenberg also questioned the need for items such as this to be raised as confidential matters. Mr. Hill responded that as the Village Attorney, he felt that it was more properly a Board decision to make this item part of the public discussion and that he was only using his best professional judgment in initially raising this issue as confidential. The remaining Trustees agreed that Mr. Hill was proper in his use of the Attorney/client privilege and that it was rightfully within the purview of the Village Board to determine what should and should not be ultimately made confidential. Mayor Farley indicated that he felt this was appropriate use of the privilege since there was the' potential for litigation involved. However, he indicated he would like to keep Village government open and accessible and, therefore wished to keep items of a confidential nature to a minimum. Mayor Farley indicated that he would bring this item up for discussion at the May 10 Northwest Municipal Conference meeting. V. STANDARDS FOR WATER MAIN PIPE Public Works Director Herb Weeks reviewed with Committee members two requests for changes to the Village's Development Code. First, was the request that minimum pipe size be increased to 811 diameter for all distribution lines and second, that the Board authorize an upgrading of the Village standard for water main from a Class 52 AWWA standard to a Class 56 AWWA standard ductile iron pipe for all new water mains. Mr. Weeks indicated that because of the acidic soil conditions in the Village, the lower grade pipe was more susceptible to erosion and damage and, therefore, had a shorter life expectancy than the Class 56 piping. It was estimated that the change in standards would result in 'a-30% increase in the cost for materials but there would be no effect in the installation costs occasioned by the change. Mr. Weeks indicated that the increase in classification would provide for a longer life e .Apctancy of pipes and, thereby, reduce future maintenance costs for the VdIage. !M In regard to the increased sizing of water distribution lines, Mr. Weeks indicated that many surrounding communities have similar requirements because of the benefit of increased water flow for both domestic water systems and fire suppression systems. It was very likely that such an increase in sizing would have a favorable impact on the Village's ISO fire rating. After brief discussion among Committee members, it was concluded that both recommendations be adopted. Staff was instructed to draft the necessary changes to the Development Code for both Class 56 water line and the sizing of water distribution mains. VI. UPDATE ON MELAS PARK DEVELOPMENT Village Manager John Fulton Dixon reviewed with Committee members the development of Melas Park. Last year, the Board of the Metropolitan Water Reclamation District agreed to begin negotiations for an extension of the Lease covering the western portion of the site. As part of those negotiations, there was discussion of improvements to the Park so as to make it more suitable for recreation. Mr. Dixon said that with a 20 -year lease extension'the Village would be comfortable in justifying an expenditure of approximately $50,000 to make the entire Park usable. He indicated that extensive work has been done with the Mount Prospect Park District in designing ball fields and play areas for the Park. Additionally, there is still interest in the construction of a small local theatre at the Park site. Discussion among Committee members favored continuing negotiations with the Reclamation District for a lease extension and the future development of the Park. VI. MANAGER'S REPORT Village Manager John Fulton Dixon indicated that the Recycling Program was set to begin within the next couple of weeks unless there were further delays in the paper work required for the Village to receive the State Recycling Grant. If that was the case, the start-up of the Village -wide Program would be delayed by two to three weeks. VII. ANY OTHER BUSINESS Trustee Leo Floros asked that the Safety Commission review the intersection of Henry and Emerson Streets. Trustee Floros indicated that a recent accident pointed to the need for additional traffic regulation at the intersection. Trustee Timothy Corcoran inquired about the status of the Carson's store at Randhurst. Mr. Dixon indicated that the current information that he had was that the Bergner's store would be moving out of Randhurst and that Carson's would be remaining but would be relocated to the Bergner's space. Mr. Dixon did not know what the timing of the move would be but did indicated that loss of one of the anchorswouldhave some type on the Village's Sales Tax revenues. Mr. Dixon indicaWd that he was hopeful that the change would not take place until after the upcoming Christmas season. If that were to happen, the impact on the Village's Sales Tax would be minimized. -3- VIII-ADJOURNMENT There being no further business to come before the Committee of the Whole, the meeting was adjourned at $:39 p.m. Respectfully submitted, MICHAEL E. JANONIS MEJ/rcw Assistant Village Manager -4- Village of Mount Prospect Mount Prospers, Illinois INTEROFFICE MEMORANDUM TO: VILLAGE MANAGER JOHN FULTON DIXON FROM: EVERETTE M. HILL, JR., ESQ. DATE: MAY 17, 1989 SUBJECT: AMENDMENT OF LIQUOR CONTROL ORDINANCE TO PROVIDE FOR DIRECT APPEAL TO CIRCUIT COURT Please find attached a proposed Ordinance amending our Liquor Control Ordinance. Also attached is an earlier memo describing the problem that the amendment will address. As you are aware, we have had no success with the legislators in achieving such a Statewide amendment. I was told by the Northwest Municipal Conference that it opposed by the Illinois Retail Liquor Dealers' Association. It is my opinion that the Village of Mount Prospect has the authority to do this under its Home Rule powers. The amendments provide as follows: 1. All appeals shall be directly to the, Circuit Court eliminating the State Liquor Commission from the Appellate process. 2. The licensee will be granted an automatic stay of any suspension or revocation by filing a Notice of Intent to Appeal with the Village Clerk within 72 hours of the Mayor's decision. 3. The Police Department will post the premises which have been suspended or revoked. EVERETTE M. HILL, JR. EMH/rcw attachment B&Arnzy M. GLASS - E VFAETrX M. HILL, JR. Sk-z.xxF 5 D - LL TZU MICHAEL K Fwlja EVAlt CYINISTLLL, J11, GLASS, HILL, DALLXEYER & RoTfi, L -r -D. A1'-rV191V EYS AT LAW 09CO SZORIZ BOULSVA.R.0 u: Gacaaeci. NORTHBROOK, ILLINOIS 000(52 WizwAm L 1-trTLvioniq {3181 66a-8810 ADXrrfCU W3%(;0AAfW SAM June 11, 1987 mayor Carolyn Krause Village of Mount Prospect 100 S. Emerson Mount Prospect, IL 60056 Re: State of Illinois Liquor Control Commission Dear Mayor Krause: we have on many occasions discussed the role, of the State of Illinois Liquor Control Commission in reviewin4 decisions of Local Liquor Control Commissioners. It has beew, our mutual observation that the State Commission shows little' respect for local control over liquor licenses. we have found that despite legal constraints to the contrary, the State Commission o44o-a often substitutes its own opinions for the opinion of the Local Liquor Control Commissioner. It is my recommendation that we attempt to rove legislation introduced in the General Assembly that would eliminate the State Liquor Control Commission's review of Local Liquor Commission decisions. If State Commission rdView were eliminated, the licensee would appeal decisions of the Local Liquor Control Commissioner directly to the Circ it Court. it is my opinion that now would a good time to attempt to get such legislation introduced. In 1986 Governor Thompsob. had reviewed the possibility of completely disbanding the Illinois Liquor Control Commission. My recommendation does not go that far. It would simply take them out of the review process. I think this legislation is appropriate for the following reasons; 1. --'Most decisions of municipal officials are not reviewatZl* by a State Commission but rather are reviewable under administrative review directly to the Circuit Court. 2. The State Commission has no sensitivl;ty to local concerns about matters involving the sale of alcohol. GLASS, $ILL, DALLMEYER & ROTm, LTD. Mayor Carol -n Krause June 11, 19K7 Page 2 3. Perhaps the most distasteful aspect of the current system is that if the State Commission overrules the Local Commissioner and the Local Commissioner wishes ko appeal that overruling order, then the Illinois Attorney General represents the state Commission in that appeal. Effectively, we are left with a situation where all of the prestige and resources of the Attorney General's office (paid for by Illinois taxpayers) is directed at defending the actions of a liquor licensee who has already been found guilty by a Local Commissioner. The licensee gets a free appellate lawyer at taxpayer expense! It is an absurd and unequitable situation. I am requesting that we attempt to recruit the Northwest Municipal Conference and the Illinois Municipal League in an effort to introduce and support such legislation. If I can be of any help in accomplishing that, please let me know. Very truly yours, /s/ Everette M. Hill, Jr. Everette M. Hill, Jr. EMhjr/hm ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 13 OF THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS, ACTING PURSUANT TO THEIR HOME RULE POWERS: SECTION ONE: That §13.124.C. of Chapter 13 of the Village Code of Mount Prospect, as amended, be and the same is hereby further amended by deleting §13.124.0 in its entirety and substituting, therefore a new §13.124.0 and §13.124.D., so that hereinafter said §13.124.0 and §13.124.D of Chapter 13 shall be and read as follows: C. Any appeal from a decision of the Village President, in his capacity as Local Liquor Control Commissioner, shall be directly to the Circuit Court of Cook County, pursuant to Illinois Revised Statutes, Chapter 110, Article 111, Administrative Review. There shall be no appeal to the Illinois Liquor Commission. If the licensee intends to appeal a suspension or revocation of license, the licensee must file a Notice of Intent to Appeal with the Village Clerk within 72 hours of receipt of the Suspension or Revocation Order. The filing of said Notice of Intent to Appeal shall stay the Suspension or Revocation Order until the 36th day after entry of the order if no Appeal is filed or upon entry of an Order from the Circuit Court of Cook County if an Appeal is filed. The failure to file said Notice of Intent to Appeal shall not deprive the licensee of the right to appeal to the Circuit Court of Cook County, but there shall be no automatic stay of an Order of Suspension or Revoca- tion. D. Twenty-four (24) hours before the commencement of any suspension or revocation, the Mount Prospect Police Department shall post on all entrances to the licensed establishment a notice that the premises is prohibited from selling or delivering alcoholic beverages by Order of the Mount Prospect Local Liquor Control Commissioner for violation of the Mount Prospect Village Code. The Notice shall be in letters not less than one-half (1/2) inch high and shall in the case of a suspension give the times of the suspension and in the case of a revocation state the exact time which the revocation goes into effect. The removal of said notice before the suspension ends by any person is prohibited and shall subject the person to a fine of not less than $200.00 nor more than $1,000.00." 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 1989. ATTEST: Village Clerk Village President Village of Mount Prospect Mount Prospect, Illinois INTEROFFICE MEMORANDUM TO: MAYOR GERALD L. FARLEY AND BOARD OF TRUSTEES FROM: VILLAGE MANAGER DATE: MAY 17, 1989 SUBJECT: NORTHWEST CENTRAL DISPATCH AND INSTALLATION OF 911 Recently, the members of the NCD Board of Directors met and established the Board of Directors for 911. The Managers of Arlington Heights, Buffalo Grove, Elk Grove and Mount Prospect serve on that Board along with Doug Edmonds, the Executive Director of NCD. In addition, Dave Jepson was appointed Treasurer for the System. As you will recall in memos that have been sent out over the last few months, the present facility in Arlington Heights is not adequate to allow Enhanced 911 to be installed. We had reviewed the possibility of building a new facility and after extensive discussion determined that it would be best for the System to lease a facility. Both Dave Jepson and I have been very much involved n the discussions concerning an appropriate lease arrangement and we have also utilized the services of Neil King for his real estate expertise. Arlington Heights has agreed, in principle, to provide land and to finance the construction of a 7,000 square foot building for NCD. Arlington Heights also agreed to a 20 year lease arrangement with an option for an additional 10 year lease to be discussed in the 18th year. The Village of Arlington Heights would make available at no cost to the System the site at Davis Street which they would prepare at their cost and then construct and finance an approximately $700,000 building. Members of NCD would pay on a percentage basis for the calls that are utilized by each of the municipalities as a proportionate share of the lease. Arlington Heights would be paid for the actual costs for the building construction over the first ten years which is estimated to be $100,000 per year. The dollar amounts would be firmed up when the actual costs are in. Mount Prospect is approximately 280 of the System presently and, therefore, we would pay $28,000 a year for the first ten years for our portion of the lease. At the 11th and 12th years, the total of these costs would be $30,000; the 13th and 14th years would be $35,000; 15th and 16th years would be $40,000; 17th and 18th years would be $45,000; and 19th and 20th years would be $50,000. Each of these dollar amounts would be established by the percentage of the usage of each community. Therefore, our cost in the 11th and 12th year would be $8,400. It is necessary for us to move along in this lease arrangement so that the facility would be ready at the time IBT is ready to install the 911 system. Assuming that the three communities of Buffalo Grove, Elk Grove and Mount Prospect agree there would be a presentation to the Plan Commission in Arlington Heights in mid-June. The schedule would then be to solicit bids in September; construction would begin in October and completion would be in September of 1990. In addition to the building, purchasing of electronic and computer aided dispatch equipment would also be necessary. We would plan to start dispatching from the new building in September of 1990 and to install and test during late 1990 the 911 system and that the 911 system would be ready for general public use in January of 1991, We believe that this timetable is realistic, however, it would be subject to revisions should any problems occur. I am requesting approval to enter into a formal lease agreement between NCD and the Village of Arlington Heights so that we would be on target for 911 to be installed and usable by our residents in January, 1991. Attached are preliminary schematic designs for the building. Should you need any additional information, please contact me. JOHN FLUJLTr?ON D - ON JFD/rcw attachment c �'G •9 �, . ty a4IZ, ~. N y . a 49 cv 0 1 EXITING SLUDGE " Y DIGESTING TANKS lj LISTING SRINKLER FILTER s s^^—^' EXISTING _ RADIO TOWER 1 ,.✓, I. EXISTING TRANSMITTER NORTH OUILDINO 4_. ,_. SCALE 1' SO' — 0 ' \ .,,...,....__,,,...._..... Y .......... ........ ._.,.. .. ...______.. .._.....i ......_, .,....., ... ;..._..,....... SITE INFORI"TION TOTAL PROPERTY SIZE 10.440 ACRE! PROPOSED NWCO BUILDING SITE AREA .970 ACRES PROPOSED BUILDING AREA 7.000 SOFT. REQUIRED PARKING 24 STALLS HANDICAP PARKING REOVIR90 2 !TALI] 'TOTAL PARKINO SHOWN S4 .,ALL TRUCK LOADING ZONE REQUIRED 1 - 10' X ]S' it, 4-0-c" Z��OF:OGEC) OOVT-4 76- 1,727- Wu t4" r trL L6 L04EE I KIT (So s LOUNGE FT. (2 O.Fl,+. s ArT MOUN-,,- PROSPECT POLICE DEPAR TMENT FORMAL MEMORANDUM ADM 9-162 conuol number TO: RONALD W. PAVLOCK, CHIEF OF POLICE FROM: DEPUTY CHIEF R. RICHARDSON SUBJECT: PUBLIC SAFETY BUILDING REMODELING DATE: 17 MAY 89 During the planning stage of the holding facility remodeling Project the need for an interrogation room within the holding facility was identified. Currently there is only a prisoner processing area (mug shot, fingerprint & breathalizer) in the holding facility and arrestees must be brought out of the confinement area to be interrogated. This practice is undesirable because it brings prisoners into the common area of the Police Department where they may come into contact with victims, civilian employees, and other citizens. The recommended solution to this problem was to include the current evidence technician office in the confinement area. This necessitated only the construction of a doorway from the prisoner processing area into the evidence technician office, the remodeling of the office into an interrogation room, and the securing of the evidence technician office hallway door. This solution was not implemented at the time of the remodeling for three reasons; 1. the interrogation room was not required by accreditation and additional construction may have delayed the scheduled January, 1989 on-site inspection of the department, 2. the protect was minor and Public Works personnel believed they could easily complete it after accreditation, and there was no available office to which the evidence technicians could be relocated. Now, with court operations moving to Rolling Meadows in June, additional space is available and the holding facility may be expanded as explained. Evidence technician operations would be relocato to the current training room which would be split to providi—space both for the evidence technicians and for property storage. The courtroom would become the new police and fire training room. All of these revisions could be completed by Public Works personnel and would improve the safety and efficiency of police operations. I recommend this course of action at this time. MOUNT PROSPECT POLICE DEPARTMENT Page 2 of 2 ControlNumberADM 89-162 As a matter of record, there were other recommendations offered for use of the vacated courtroom including; 1. relocation of investigative offices to the courtroom, 2. relocation of investigative offices to the current staff offices and relocation of staff offices to the courtroom, and 3. relocation of the employee locker room to the courtroom. None of these recommendations would enable the department to vacate the annex building and all of them would require the construction of additional restrooms in the Public Safety Building. The only available location for additional restrooms is the current storeroom which already has some plumbing in place. Remodeling the storeroom and the courtroom, a project of considerable size and expense, is more consistent with an entire building remodeling project than the minor revisions being proposed in this memorandum and would be better addressed by the Public Safety Facility Committee headed by Mr. Michael Janonis. should you have any questions or comments regarding the information or recommendations made in this memorandum, please advise. RR: jd ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 23 OF THE VILLAGE CODE OF MOUNT PROSPECT CREATING ARTICLE XX ENTITLED "HAZARDOUS MATERIALS, RE�J!O DILITIFA-11 WHEREAS, incidents involving hazardous materials are increasing at a rapid rate in the chemically active region of Northern Illinois, and the Village of Mount Prospect; and WHEREAS, the Village of Mount Prospect has determined that it is in the best interest of the Village and residents that any expenses incurred by the Village as a result of a hazardous material incident shall be deemed "spiller pays"; and WHEREAS, the handling of these types of incidents is outside the ordinary duties and responsibilities of Departments or Divisions of the Village such as the Fire Department, Police Department, and Public Works Department; and WHEREAS, the suppliers and equipment used during hazardous materials responses are a continuously increasing expense for the Village; and WHEREAS, the suppliers and protective equipment needed for hazardous materials responses are often specialized and very expensive and in some instances the materials must be replaced after only a few, or a single, incident, depending upon the amount of exposure or the nature of the material(s) involved; and WHEREAS, personnel over and above the normal staffing requirements are often needed to assist in the handling of a hazardous materials incident, including those required to man reserve equipment or to stand by for responses that may require emergency personnel in other areas of the Village; and WHEREAS, property and environmental decontamination and/or clean- up costs at hazardous materials incidents can cost millions of dollars in certain cases; and WHEREAS, the Village of Mount Prospect may authorize its personnel to respond to neighboring communities through existing Mutual Aid Agreementand these communities may not have 11spiller - pays" legislaflon for reimbursement of expenses incurred; and WHEREAS, neighboring communities do respond to the Village through existing Mutual Aid Agreements and are requesting reimbursement for their expenses incurred; and WHEREAS, with respect to the liability for reimbursement for a hazardous material (s) incident the responsibilities may be assessed from, but not limited to the person or company in immediate control or possession of the hazardous material(s), the shipper, the transporter or agent, the consignee, the manufacturer, the distributor, and/or companies or contractors as third parties or those said to have caused the release of the material(s). NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: That Chapter 23 entitled "Offenses and Miscellaneous Regulations" of the Village Code of the Village of Mount Prospect, as amended, is hereby further amended by adding thereto a new Article to be known as Article XX; so that hereinafter said Article XX of Chapter 23 shall be and read as follows: ARTICLE XX HAZARDOUS MATERIALS REGULATIONS Sec. 23.2001. Spills Prohibited. It shall be unlawful, whether intentional or unintentional, for any person, firm or corporation release, emit, spill, or leak any material which constitutes a hazardous material incident. Sec. 23.2002. Definitions. For the purpose of this Article, the following words and terms shall have the following meanings: HAZARDOUS The leakage, released, seepage, or emission of MATERIAL(S) any substance or material which, due to its INCIDENT: quantity, form concentration, location or other characteristics, is determined by the Fire Chief or his authorized representative to pose an unreasonable and inordinate risk to the life, health or safety of persons or property or to the ecological balance or the environment, including but not limited to, explosives, compressed gases, flammable and combustible liquids, flammable and water reactive solids, oxidizers and peroxides, poisons, radioactive materials, corrosives or otherwise regulated materials, or any substance determined to be hazardous or toxic under any federal or state law, statute or regulation. EXPENSES TO All costs and expenses of the Village incurred THE VILLAGE: in the clean-up or abatement of hazardous materials or the extinguishing of a fire involving hazardous materials, and shall include but not limited to the follows: actual labor costs of Village personnel involved in the clean-up or abatement of the discharge(s) including Worker's Compensation benef it, fringe benefit and administrative overhead or any other medical expenses, immediate or long term, of personnel exposed to the hazardous material, cost of equipment operation, damage or loss as published and updated by the Village; cost of materials ordered directly by the Village; and cost of any labor and materials) expended through the retention of other parties to assist in clean-up or abatement. VILLAGE: Any Department or Division of the village of Mount Prospect. Sec. 23.2002. Hazardous Material Responses - Cost Reimbursement. Expense reimbursement to the Village: The person or companies in immediate control or possession of the hazardous materials) at a hazardous materials incident, to which a Department or Division of the Village has responded, shall be responsible for reimbursement to the Village for all expenses incurred by the Village related to the response, the handling or the clean-up of the material(s). There shall be joint and several liability for reimbursement including but not limited to, the person(s) or companies in immediate control of the hazardous material(s), the shipper, the manufacturer, the distributor, the transporter of the material(s) involved, or third parties having caused or contributed to the cause of the release of the fia7zardous material(s). Sec. 23.2003. Distribution of Reimbursed costs - Replacement of Material(s) and/or other Expenses. The reimbursement funds shall be used to replenish the supplies used by the Village at the scene of the hazardous material(s) incident. Such supplies may include but shall not be limited to, protective clothing, absorbants, neutralizing chemicals, detection monitoring equipment, firefighting foams and chemicals, overtime personnel expenses, laboratory analysis, medical treatment, immediate and long term, of exposed or injured personnel, or equipment or supplies damaged or destroyed by exposure to the hazardous material(s) at the incident. Sec. 23.2004. Penalty. Any person, firm or corporation who violates any provision of this Article shall, upon conviction thereof, be fined not less than Two Hundred Dollars ($200.00) nor more than Five Hundred Dollars ($500. 00) plus all costs and expenses involved in litigation for each offense. 11 SECTION TWO• That this Ordinance shall be in full force and effect from and after is passage, approval and publication in pamphlet form in the manner provided bylaw. AYES: NAYS: ABSENT: PASSED and APPROVED this _ day of Gerald L. Farley Village President ATTEST: Carol A. Fields Village Clerk 1989 MAVdR- GERALO L. FARLEY TRUSTEES RALPH W. ARTHUR MARK W BUSSE TIMOTHY J COROORAN LEO FLOROS �I +G� 4 1 1 1 �riiy.,,M.wy a f Mount Prospect GEORGE R.. VAN GEEM THEODORE J, WATTENSERG VILLAGE MANAGER: 100 S. Emerson MountProspect, Illinois 80058 JOHN FULTON DIXON` Phone 312 / 892-8000 AGENDA ZONING BOARD OF APPEALS Regular Meeting Thursday, May 25, 1989 8:00 P. M. 112 E. Northwest Highway 2nd Floor &p9leQU 18 This case will be heard' by the Zoning Board of Appeals on June 8, 1989. .i-8.9, JQ§9Rb Klmd-tter. US North The applicant is requesting a variation from Section 14.1102.8.2 in order to replace a patio in the exterior side yard resulting in a 10 foot side yard instead of 20 feet allowed' by Code. Also requested is a variation from Section 21.601.A to allow a 6 foot fence for the length of 28 feet around the patio, instead of the normally allowed 5 foot`height. Village Board action will be required for the side yard setback. The Zoning Board of Appeals will be final for the fence request, B4_ -VMUM Mmgjdaje. 16230ndda The applicant is requesting, a variation from Section 21,601.A.3. On a corner lot a proposed fence will extend beyond the rear building line along the side street. The Zoning Board of Appeals will be final in this case. BA-2-, ti. Pl The applicant is requesting ;a variation from Section 14.110.E to allow aside yard of 3'4" instead of 7.5' in order to construct a two-car attached garage: Village Board action will be required in this case. - 1 The applicant is requesting the following variations from the Zoning Code: 1. Section 14.1302.B.2 to allow a zero foot exterior side yard setback in order to rebuild an off-street parking area with paving brick. Code normally requires 20 feet, Zoning Board of Appeals Agenda May 25, ,1989 Page 2 2. Section 14.116.A to replace as existing circular driveway. 3. Section 14.1102.E to allow 69.4% impervious lot surface coverage 'insteadof 45% allowed by Code. Village' Board action will be required with all requests. The applicant is requesting, a variation,60M Soction,l4„102.B to lft a new room addition to be located n 1/2 feetfrom the existing detached garage instead; of don normal 10 foot separation required b Co e, Village Board action will be required in this case. In all cases where the Zoning Board of Appeals is final, a fifteen (15) day period is provided for anyone wishing to appeal their decision'. No permit will be issued until this period has elapsed.