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HomeMy WebLinkAboutCOW Meeting Packet 02/23/1993Minutes COMMrITEE OF THE WHOLE February 9, 1993 I. ROLL CALL The Meeting was called to order at 7.40 pm. by Mayor Gerald L. Farley. Trustees present were Mark Busse, George Clowes, Timothy Corcoron, Leo Floros, Paul Hoefert and Irvana Wilks. Also present were Village Manager Michael E. Janonis, Fire Chief Edward M. Cavello, Village Attorney Everette Hill, Jr., Finance Director David C. Jepson, Personnel Coordinator Donna Russell, Public Works Director Herbert L. Weeks and Deputy Director Glen And * ler. In addition Rosemary Argus, Mount Prospect Park District, °Jacqueline Hinaber, Library Board President, and Mr. Thomas C. Munz, School District 57 Board President. I. MINUTES OF JANUARY 26, 1993 The minutes of January 26, 1993, were accepted as corrected and filed. Five (5) trustees voted to accept the minutes and there was one (1) abstention. Mayor Farley stated that at this point he would like to defer Item III on the Agenda and move ahead to Item IV. a signing ceremony. IV. CULTURAL TRUST AGREEMENT Mayor Farley presided over the signing of the Cultural Trust Cooperative agreement between the Village of Mount Prospect, the Library Board, the Park District and School District 57 Boards. The Agreement is an effort whereby various governmental bodies will cooperate in raising sufficient funds to construct a community auditorium. Mayor Farley stated the proposed auditorium will fulfill the needs of all four groups and the residents of Mount Prospect as a whole. This will be a public/private cooperative effort that will attempt to raise the balance of the funds necessary to construct a functional facility. Mr. Thomas C. Munz stated the group represents a unique opportunity for everyone in the Village to share In a project that will benefit not only the students, but the entire community, Mr. Munz commented he thought that coming together collectively was a unique occurrence, and that it was very rewarding to get together on one common theme and share in a planning process that will benefit the community. Jaapeline Hinaber commented on how fortunate the Village is to have four different Boards with so many unique individuals that could discuss, negotiate, compromise and come up with a workable solution. Rosetoary Argus stated the Park District Board is very happy to be working together with other community leaders on the project. Mayor Farley thanked everybody for their cooperation in this endeavor and stated that we look forward to a successful fund raising effort. Mayor Farley referred the Board back to Item III on the Agenda, Citizens to be Heard. III. CITIZENS TO BE HEARD Mr, Richard Hendricks of 1537 E. Emmerson Lane appeared before the Board to voice his concerns on two issues. First, the sign ordinance and second, Mr. Hendricks indicated his concern on providing emergency services to the garbage transfer station on a no fee is. There was no discussion regarding the sign ordinances. Mr. Jannis commented that he has had conversations with the Solid Waste Agency of Northern Cook County concerning this issue and that the Agency understood the Village's position. Mr. Janonis stated that he anticipated that the issue would be resolved to our satisfaction. Based on an earlier request by Mr. Hendricks, Trustee Hoefert expressed concern that the Board may be setting a president by; waiving the $250 filing fee for appealing a zoning decision. After some discussion on the matter, it was decided to address the issue at a future meeting. V. ADA SELF EVALUATION Mayor Farley opened discussion on this matter by staging that Donna Russell, Personnel Coordinator has provided a considerable amount of material as backup information and will be available to answer questions. Mr. Jannis stated the information provided by Mrs. Russell is a comprehensive overview of potential' issues within each department. Mr. Janonis also stated that he thought we were complying with the letter and the spirit of the law. Trustee Hoefert expressed his concern for the section pertaining to curb ramping. He hoped Village policy could includeconsideration for residents of the community who may have need for curb ramping in their area to give them better access. He also suggested that this information be made public in the next Village Newsletter. Trustee Wilks brought up the concern for communicating with hearing impaired residents of our community, during emergency operations. Chief Cavello offered the experience of the Fire Department dealing with this issue. Donna Russell also indicated possible future plans for having instructions on sign language. Trustee aowes inquired about the accessability of washrooms in the Village Hall. Mr. Jannis explained that the Village would achieve compliance by upgrading just one set of restrooms now and address the second set of restrooms at a future date along with other remodeling issues for the Village Hall. V1. ELEVATED STORAGE TANK REHABILITATION Mayor Farley began the discussion by identifying the need for the proposed maintenance project that is necessary on the tank as well as future landscaping and other corrosion prevention methods. Mr. Herb Weeks discussed the need for the elevated tank and the safeguards it provides for the Village water supply system. Mr. Weeks Identified various features of the process. such as sandblasting, painting, welding and draping the tank to control over -spray. Mr. Weeks stated he would have to remove all the vegetation that currently exists and come back with an all encompassing landscape plan that will coincide with the reconfiguration of Maple Street and Northwest Highway. Mr. Jepson discussed the financial aspects of the project along with his recommendation on how to raise the $500,000 needed to fund the project. Mr. Janonis closed out discussion on the issue by mentioning the need to relocate the Civic Events Sign in conjunction with the tank rehabilitation project. It was agreed this issue would be brought back at a later date for further discussion. VEL AGENDA FORMAT REVIEW Mayor Farley began discussion by identifying the Issue as being two -fold. One, a discussion raised by Trustee Clowes about making modifications to the order of business on the Board Agenda and the second, a matter of the voting requirements for issues that come before the Board. Discussion followed on the order of business with various points being made by the Mayor and each Trustee. There was majority support for moving the Mayors Report up and making it Item VI, Communications and Citizens to be Heard as Item VII and Trustee Comments to be Item VIII. The Agenda would retain the item, Any Other Business. There was additional discussion concerning a change in the Agenda format that would allow citizens to sign in when they want to be heard or to call the Clerks Office prior to meetings and ask to be listed on the Agenda. There was not majority support for this issue. 3 Trustee Hoefert suggested using the Pledge of Allegiance as opposed to the Invocation to open Village Board Meetings. Following discussion on the matter, a consensus of the Board was to retain the bivocation as Item III on the Agenda. Another item for discussion was the matter of the Consent Agenda. This would eliminate routine items such as the approval of minutes, the financial report and the approval of bills. There was consensus of the Board to retain the present format for the -Agenda and there would not be a change to a Consent Agenda. Part of this discussion included cleaning up ZBA cases. This discussion was deferred to a later date. At this point, Mayor Farley suggested that the Board defer discussion on voting issues to the meeting of February 23, 1993. VIII. MANAGER'S REPORT Mr. Jannis stated the Village Staff was approached by Kimball -Hill requesting to appear before the Board under the format of a courtesy review with notification of the residents. Their wish is to bring forward their revised site plan. There. was some discussion on the matter with Trustees expressing some concern as to how the process would be handled, The final determination on this issue was to leave the situation as it is and require the developer to appear before the Zoning Board in the traditional manner. IX. ANY OTHER BUSINESS Trustee Floros addressed the issue of constant problems and complaints on the cable system as it exists in Mount Prospect. Mr. Jannis explained some of the problems and the fact this issue will be brought forward at a future Committee of the Whole Meeting. There was a motion to enter into Executive Session at 10:10 p.m. Another motion was made to come out of Executive Session at 10:30 pm. X. ADJOURNMENT The meeting adjourned at 10:32. Respectfully submitted, 7 )W -1-M, Edward M. Cavello Fire Chief 4 Next Ordinance No. 0000�� Next Resolution No. 0-93 40A VI. /` ✓ A VILLAGE OF MOUNT PROSPECT ORDER OF BUSINESS REGULAR MEETING Meeting Location: Meeting Room, 1 st Floor Mount Prospect Senior Center 50 South Emerson Street Mount Prospect, Illinois 60056 1. CALL TO ORDER Meeting Date and Time: Tuesday XXX)UUUUCX, 1993 7:30 P. M. 11. ROLL CALL Mayor Gerald "Skip" Farley Trustee Mark Busse Trustee Leo Floros Trustee George Cloes Trustee Paul Hoefert Trustee Timothy Corcoran Trustee Irvana Wilke 111. INVOCATION - Trustee ................ IV. APPROVE MINUTES OF REGULAR MEETING, XXXXXXX, 1993 V. APPROVAL OF BILLS AND FINANCIAL REPORT VI. MAYOR'S REPORT -,I . : r F41-1 fl M Vill. TRUSTEE COMMENTS IX. OLD BUSINESS X. NEIN BUSINESS (Public Hearings earlier in process) XI. VILLAGE MANAGER'S REPORT X11. ANY OTHER BUSINESS XIII. EXECUTIVE SESSION - Personnel XIV. ADJOURNMENT ARNSTEIN & LEHR 120 SOUTH RIVERSIDE PLAZA - SUITE 1200 - CHICA;4, ;L61NOIS 90606.3913 (311* 878-7100 5AMMM4nN U,NQd W (312) 876-C2W WEE" PALM P,1PA?-q P (iQ)P TELD 2104rA142 "tette M. Hill �r- MILVZ4UKEF. WISCON3,N (312? 87&7974 M E M 0 R A N D U M TO: Mr. Michael Janonis Village Manager FROM; Everette M. Bill, Cr. DATT; February 5, 1993 RE. Follow tp Qn Agenda and Boa --d Procedure Issues You have requested that I provide additional information on the following issues; 1. invocaLion at Board meet ' ings. I have reviewed both the Marsh and Weisman cases as you had requested. Th; Weisman case stands for the --`l o v9obition Lh&L A nonsectarian to open a public school graduation exercise violates the First Amendment to the Cunwtitution. However, in the Marsh case, the Supreme Court took the position that a non-secretarian prayer to convene each session of the State legislature did not violate the r1 rat Amendment. There are no cases which discuss Village Board meetings, Or Ule issue of an actual elected official rendering the prayer as is done in Mount Prospect. However, the ruling in the Marsh cane seems 6tAfficleriLly broad so as to validate a local legi-el—ative body's opening of a meeting with a brief nonsectarian invocation. 2. Extraordinary- Voting Requirement&. The Purpose of the voting schedule which was attar3 to 'my previcu;� memorandum on this subject wab to identify all of those circumstances under both the Illinois Municipal Code and the Mount Prospect Village Code which require an extraordinary vote, one of my objectives in compiling that schedule a few years ago was :0 indicate the potential variations on the extraordinary voting requirement. Some extraordinary votes require a certain fraction of the corporate authorities, some require a fraction 0.4 those voting A' some require a fraction of those presen some require an affirmative vote which, in turn, bear -i- on the issue of low ;7 la-BiLei-nLionis counted. Because of these variations, it may be difficult to determine whether or not an issue that requ-4zee an extraordinary vote has passed or has been FEE 05 '93 -L-"" "_­ mr. m4chael Janonis February 5, 1993 Page 2 dofeated. The mechanical aspects of the vote can sometimes over- shadow the substantive discussion regarding the issue under consideration. A2 a homc rule municipality, Mount Prospect has the ability to either eliminate altogether or to standardize the extraordinary vote requirement. Extraordinary voting requirements equirements serve an arguably valid purpose. For example, disposing of village real estate may have great ramifications for the future. Also, consideration of legislation in the face of a negative recommendation from a public hearing body perhaps should be done only by an extraordinary majority of the Board. For this reason, the Board may choose to retain, but standardize, extraordinary voting requirements. As 4 SUggeSt4On only, the Board might consider the adoption of a procedural rule which provides that where an extraordinary major4ty vote is specified, the recruirement would be met by tine favorable vote of five of the 71resident and Trustees then holding office. If this were done, the Board would not have to grapple with the issue of whether the extraordinary majority was two-thirds or three- quarters, whether it referred just to trustees as opposed to the Corporate Authorities, or whether it referred to those present and voting rather than to those elected and holding office. On the other hand, I know of at least one home rule municipality that was so firmly convinced of the efficacy of majority rule that its Board eliminated extraordinary voting requirements altogether. 3. Raising of Motion& not on the Agenda. The question has arisen as tci_u�het'Ker or not a Board mem"r may make a motion on an issue that has not been published on the Agenda. There is no specific case law or any specific legislation under state law which is dispositive of this issue. There Is an overriding policy in 1'_Iinols, however, which should be considered in all disicussions on this enatzer, That policy is that the public has the right to prior knowledge of the matters which are going to be considered by its elected officials. While, this policy does not amount to a prohibition, caution should be used in taking action on any matters of which there has not been prior notice. With respect to special meetings, conventional wisdom and a recent Appellate case hold that matters not on the Agenda may not be considered. At regular FEB @5 '93 11:0&r N -1RNSTE--r,i & LES,7� Mr. Michael Janonic February 5, 1993 Page 3 Board meetings, matters not on the Agenda may be considered. However, the Mount Prospect Village Code at Section 2.202(c) speaks directly to this issue: "A waiver of the rules for the purpose of discussing an item not on the written agenda may be requested by any two (2) members of the Board and concurrence of a majority of all the President and Board mcmbor3 present." This would seem to Indicate that in Mount Prospect matters noton the Agenda may be raised only at the request of two Board members and then only with the approval Qf the majority of the President and Board of Trustees. As a point cf information, Roberts Rules of order, provides that a matter not on the agenda may be added only with the consent of at least two-thirds of those present. 4. Veto Authority of Mayor. Questions have been raised in the past and continue to be raised with respect to the Mayor's veto authority. For the Village of Mount Prospect, this is a complex issue. Typically, the existence of the mayoral veto is tied to whether the municipality has officially adopted the Article V manager form of government and whether trustees are elected by district or at large. The Illinois Municipal Code at Section 5- 3-1 provides the following, in part: "The mayor or president of any city or village which adopts this Article V, other than one which at the time of adoption was operating under or adopted the commission form of government as provided In Article IV, or which does not retain the election of alderman by wards or trustees by districts, shall have veto power as provided in Sections 5-3-2 through 5-3-4. An ordinance or measures may be passed over his veto as therein provided. Such mayor or president snail have the power to vote aa provided in Section 5-3-5.11 Using only the words which apply to mount rrospect, the Section reads as !allows: "The ... president of any ... village which adopts this Article V ... other than one ... which does not retain the election ... of trustees by dirtricto Shall have veto power as provided in Sections 5-3-2 through 5-3-4 ... .11 P'Er) @5 '93 11toGAI: ARf'VSTER4 S LE"R -"HGC1 Mr . MIG114�l Jarionis February 5, 1993 Page 4 Although there have been some technical interpretations to the contrary, this section appears to say ttiac the mayor of a municipality which has adopted Article V, but elects its trustees at larger does not have veto power. mount Prospect's history with respect to FF"T'S section is as follows: On April 18, 1967, the Village of Mount Prospect held a referendum an whether or not it would become an Article V (Village Manager) municipality. The referendum passed and on July 18, 1.967 an ordinance was adopted recognizing Mount Prospect as an Article V municipality Further, Mount Prospect elects its trustees at large and not oy district. if it were left at tnis, it would appear that the mayor in Mount Prospect does not have veto authority. However, on February 19, 1974, ordinance RO. 2490 Of the village of mount Prospect was adopted. This ordinance contained the following languages "Section 2.207, R9conaideration; A. Passage over Veto of President 1. Every resolution and motion specified by statute and every ordinance which is returned to the Boarl of Trustees -t>ythe Village President shall oe reconsidered by the saia SUEZ. 2. Atter such reconsideration, if two- thirds of all the trustees then holding office on the Board shall agree to pass an ordinance or resolution or a motion, It shall then be effective notwithstandin5 the Fresident's refusa- =3 rove It. - This ordinance was adopted subsequent to the iglu Constitution which invested Mount Prospect with home rule authority. it was also adopted sutsequent to when mount Yrospect became an Article V form of government. As you are aware, unless there has been preemption by the State legislature, a home rule municipality has the authority to adopt laws and rules which are inconsistent with State law. The above quoted language from ordinance NO. 2490 does not appear in the current edition of our village Code. However, it in my understanding that neither the start nor our codifiers can find any Village Board action authorizing its removal. FEB 05 '39 11:07W ARASTEIN '. LEHR CHGC Mr. Michael Janomia February 5, 1993 Page 5 Therefore, iL appears Lhat the dropping uf the language Wdy have been done in error. The language !ound in ordinance No. 2490 strongly suggests an Intention on the parL of Lhe Mount PrubyeQt Huard t14at the village President should possess veto authority. However, the language does not actually Create the veto, It i5 merely 111LQli%:d. Further, in 1976, Mayor Robert Tiechei:L exeti;1aeCi a veto which was then overruled by the Board In a manner consistent with Ordinance No. 2490. This may provide further evidence of an intention that the veto be a mayoral prerogative in Mount Prospect. Another n&LLec for cunwidtordtion its that state law has granted the Mayor of certain municipalities the right to vote on any issue coming before the So4zd. In ether municipalities, the Mayor votes only in limited circumstances. The clear intent of the State Legis:&Lure' is that 1L the V.4yQr has the richt to vote on all issues, then the Mayor will not have veto power. If the Mayor's right Lo vote is limited by statute, then the Mayor retains the veto authority. There is a logic to this scheme; if the Mayor votes, tit has already influenced the outcome of the measure so the veto authority is not necessary. Pursuant to the Illinois Municipal Code, as an Article V municipality which elects trustee6 at large, the Mayor should possess the right to vote on all issues. it is my understandinq, however, :hat in Mount Prospect, the Mayor and Lhe TrusLees have typivdll} conducted business ac- if the mayoral right to vote was limited. This would strongly imply that the veto power was intended to and did exist. Because of the foregoing, there Is ample reason to conclude that the Mayor of Mount Prospect possesses veto authority. This 1%s particularly true since the very Board which adopted Ordinance No. 2490 subsequently set a precedent for the exercise and override of the veto. As I sLaLed &L the outset, this is d complex issue and, although lengthy, this memo still does not exhaust all of the arguments on either side of the lbbue. I recommend .hat the Prtwident and Board of Trustees come to a determination of whether or not it is desirable in mount Propsect for the veto to exist and then proceed to properly bring that determination into effect. in other words, it is possible -L to eliminate the ambiguities. FEB 05 '93 jj:oeppf lRr15TED'I & LEHR CHG'C- Mr. Michael Janonis February 5, 1993 Page 6 If yQu have any quefiLiUIIS, pleaSe COLILaCL Me. \\HGM\EMMA-23 r, Village of Mount Prospect Mount Prospect, Illinois rp INTEROFFICE MEMORANDUM TO: MAYOR GERALD L FARLEY AND BOARD OF TRUSTEES FROM: VILLAGE MANAGER DATE: DECEMBER 18, 1992 SUBJECT: DISCUSSION REGARDING POTENTIAL CHANGES TO VILLAGE BOARD AGENDA FORMAT Over the past several months, elected officials have expressed a desire to review the Village Board Agenda format in an effort to: (1) Provide all interested adequate opportunity to speak on matters of interest and concern; (2) Reduce the number of times a petitioner (ZBA, Plan Commission, etc.) has to appear before the Village Board while also allowing interested parties to speak to such matters; and (3) To streamline the Agenda so that Village business is conducted in the most expeditious and efficient manner possible while still honoring the goals identified in points 1 and 2. This discussion may also be the right time to address the long Deferred Item of Voting Requirements. With two Trustees expected to be absent from this meeting, I do not anticipate that final consensus will be reached on any of the discussion items, however, the information provided can be reviewed and the discussion process at least begun. There are no time tables as such that we are working against so full discussion should be encouraged. Your information package includes, among other things: 1. Chapter 2 of Village Code. 2. A Memorandum from Everette Hill addressing threshold legal issues. 3. Trustee Clowes' memorandum regarding Proposed Changes to the Agenda. 4. Sample Agendas from other communities. At this time, staff does not make any specific recommendations other than: (1) Consideration should be given to standardizing voting requirements as much as possible; (2) Looking for acceptable ways to streamline the ZBA/Plan Commission approval process and (3) Giving due consideration to the concept of a Consent Agenda as a means of disposing of routine non -controversial matters by way of an omnibus vote. It should also be remembered that any decisions made to change the current format of the Agenda can always be rethought if, in practice, they do not prove workable. ' MICIFIAE E. J 01NIS MEJ/rcc 7 VILLAGE OF MOUNT PROSPECT PLANNING DEPARTMENT Mount Prospect, Illinois TO: MICHAEL E. JANONIS, VILLAGE MANAGER FROM: DAVID M. +CLEMENTS, DIRECTOR OF PLANNING DATE: FEBRUARY 19, 1993 SUBJECT: VOTING REQUIREMENTS OF ZONING ORDINANCE As you requested, below are the various voting requirements from the Zoning Ordinance: 1. Section 14.606. VVr"a1onN B. Whenever a variation is to be made by ordinance, upon receiving the report of the Zoning Board of Appeals, the President and Board of Trustees of the Village, without further public hearing, may grant or deny any proposed variation or may refer it back to the Zoning Board of Appeals for further consideration. (1981 Code) C. Any proposed variation which fails to receive the approval of the Zoning Board of Appeals in the form of a favorable recommendation to the President and Board of Trustees of the Village shall not be granted except by a favorable vote of two-thirds (2/3) of all of the members of the President and Board of Trustees of the Village, present and voting. (1981 Code; Ord. 3615, 3-4-86) 2. Section 14.806. Action by Board of Trustees. - Amendr�tents A. After the last public hearing on a proposed amendment has been concluded, the Zoning Board of Appeals shall prepare findings of fact and recommendations with respect to the proposed amendment and transmit the same to the President and Board of Trustees of the Village. B. An application for a proposed amendment shall be acted upon finally by the President and Board of Trustees within six (6) months of the date upon which the findings and recommendations of the Zoning Board of Appeals are filed with the President and Board of Trustees, as well as to the Village Clerk and Zoning Administrator. 1. Whenever the findings and recommendations of the Zoning Board of Appeals with respect to a proposed amendment has been referred to any committee of the Board of Trustees, such committee shall make Michael E. Janonis Page 2 February 19, 1993 its report thereon to the full Board of Trustees within four (4) months of the date that said findings and recommendations are referred to it. 2. If such committee does not make its report within such four (4) month period, then the Village President shall discharge the said committee from further responsibility in consideration of the said findings and recommendations and shall place the application for such proposed amendment on the agenda of the next regular meeting of the Board of Trustees of the Village. (1981 Code) C. In case of a written protest against any proposed amendment, signed and acknowledged by the owners of twenty percent (20%) of the frontage proposed to be altered, or by the owners of twenty percent (20%) of the frontage immediately adjacent or across an alley therefrom, or by the owners of twenty percent (20%) of the frontage directly opposite the frontage proposed to be altered, is filed with the Village Clerk, the proposed amendment shall not be passed except by a favorable vote of two-thirds (2/3) of all the members of the President and Board of Trustees of the Village, present and voting. In such cases, a copy of the written protest shall be served by the protester or protesters on the applicant for the proposed amendment and a copy upon the applicant's attorney, if any, by certified mail at the address of such applicant and attorney shown in the application for the proposed amendment. (1981 Code: Ord. 3610, 2-18-86) D. No amendment shall be made of this Chapter within six (6) months after the date upon which an official Comprehensive Plan for the Village is adopted by the President and Board of Trustees unless such amendment to this Chapter is approved by a _favorable vote of two-thirds (2/3) of the Trustees of the Village then holding office. 3. Section 14.705. Action by Board of Trustees. - Special Uses A. Within fifteen (15) days after the last public hearing held on any matter requiring a special use permit by ordinance, the recommendation of the Zoning Board of Appeals shall be forwarded to the President and Board of Trustees of the Village, as well as to the Village Clerk and Zoning Administrator. B. After receiving the report of the Zoning Board of Appeals, the President and Board of Trustees of the Village shall review the report and may accept the findings and recommendations found therein in whole or in part, or may reject them in whole or in part, or may refer the matter back to the Zoning Board of Appeals for further consideration. (1981 Cade) Michael E. Janonis Page 3 February 19, 1993 C. Any proposed special use which fails to receive the approval of the Zoning Board of Appeals in the form of a favorable recommendation to the President and Board of Trustees of the Village shall not be granted except by a favorable vote of two-thirds (2/3) of all of the members of the President and Board of Trustees of the Village, present and voting. (1981 Code; Ord. 3615, 3-4-86) DMC:hg Village of Mounts Prospect Mount Prospect, Illinois 4-0Z.�� ' INTEROFFICE MEMORANDUM TO: VILLAGE MANAGER MICHAEL E. JANONIS FROM: EVERETTE M. HILL, JR77� r DATE: AUGUST 27, 1992 SUBJECT: SUPER MAJORITY VOTE ON VARIATIONS The question has arisen as to whether a super majority vote of the Village Board is required to adopt a Variation Ordinance when the Board has already voted by a super majority to accept an affirmative recommendation of the Zoning Board of Appeals. Answer. Yes, a super majority vote by the Village Board is required. Under the Village of Mount Prospect variation system, certain variations may be granted by the Zoning Board of Appeals. Others may be granted only by the President and Board of Trustees after a hearing before the ZBA. Section 14.606 of the Zoning Ordinance states the following: A.protiosed variation which fails to receive the approval of the Zoning Board of Appeals in the form of a favorable recommendation to the President and Board of Trustees of the Village shall not be granted except by a favorable vote of two- thirds (2/3) of all of the members of the President and Board of Trustees of the Village, present and voting." The super majority vote rule pertains to the Board action that actually grants the variation. The question then becomes whether the variation is granted when the vote is taken on whether or not to concur with the Zoning Board of Appeals or when the Ordinance is adopted. The answer is found in the language of Section 14.666(A): " Within fifteen (15) days after the last public hearing or meeting held on any matter requiring variation 4 ordinance, the recommendation of the Zoning Board of Appeals shall be forwarded to the President and Board of Trustees of the Village, as well as to the Village Clerk and the Zoning Administrator." (emphasis added) The Section speaks specifically of "Variations by Ordinance." It does not discuss "Variations by the Village Board." Clearly, the actual granting of the Variation does not occur until the Ordinance is adopted. Therefore, the super majority vote rule applies to the final vote on the Ordinance. Recommendation: It is my recommendation that the Village Board consider dispensing with the vote on whether or not to concur with the Zoning Board of Appeals in variation matters. The vote on the Ordinance to grant the variation should also serve as the vote on concurrence. Under current practice, we have two distinct votes by the same deliberative body on the very same issue. This may lead to difficulties. Our practice of not adopting an Ordinance except on second reading gives the public and petitioner ample opportunity to present their views and gives the Board ample opportunity to recommend changes in the Ordinances. The small benefit derived from the additional vote is far outweighed by the disadvantages of additional delay and confusion. If you have any questions, please contact me. Everette M. Hill, Jr. EMH/rcc CHAPTER 2 BOARD OF TRUSTEES Subject General Provisions ....... ...... ...... Rules of Order ................ Article 0-1-104"1 GENERAL PROVISIONS SECTION: 2.101. Election; Functions 2,102. Oath; Salary 2.103. Meetings of the Board 2.104. President Sec. 2.101. Dection; Functions. The Board of Trustees, consisting of six (6) members, shall be elected to office for a four (4) year term, according to the method provided by statute.' The Board shall be the legislative department of the Village government, and shall perform such duties and have such powers as may be delegated to it by statute. (1957 Code, 2.101) ' Sec. 2.102. Oath; Salary, A. Any person duly elected or appointed to sit as a member of the Board of Trustees of the Village, as a Trustee, shall take the oath of office prescribed by statute' and shall receive as compensation for the performance of his duties an annual salary of two thousand dollars (52,000.00), payable in twelve (12)�equal monthly installments. B. Any change in the compensaiton or fringe benefits provided for Trustees shall be made by ordinance adopted not less than one hundred twenty (120) days nor more than one hundred fifty (150) days prior to the date set for election of Trustees. (Ord. 2886, 4-4-79; Ord. 3070, 11-18-80; Ord. 4002, 11-15-88) Sec. 2.103. Meetings of the Board. A• Regular Meetings. The regular meetings of the Village Board of Trustees shall be held on the fust and third Tuesday of each month at the hour of seven thirty o'clock (7:30) P.M.; provided, that if the regular meeting falls on a legal holiday, the meeting shall take place on the next secular day at the same hour. A notice of such regular meetings shall be required. B. Special Meetings- Special meetings may be called by the President of the Village or any three (3) Trustees upon at least twenty four (24) hours' written notice to all members and the President; provided, that if all of the Trustees are present at a special meeting, no notice of such meeting shall be necessary and such notice shall be deemed waived. L S.H.A. ch. 24, paragraph 5-2-15. 2. S.H.A. ch, 24, paragraph 5-3-9. 1188 2.103 BOARD OF TRUSTEES 2.104 C. Committee Meetings. The committee meetings of the Village Board of Trustees, sitting as a committee of the whole shall be held on the second and fourth Tuesday of each month at the hour of seven thirty o'clock (7:30) P.M.; provided, that, if the committee meeting falls on a legal holiday, the meeting shall take place on the next secular day at the same hour. Committee meetings shall be included in the annual schedule of meetings of the Board of Trustees prepared and posted pursuant to the Open Meetings Act and no further notice of such committee meetings shall be required. D. Meeting Place. All meetings of the Village Board of Trustees shall be held in the Board Room of the Senior Citizen Center, 50 South Emerson Street, Mount Prospect, Illinois, unless, pursuant to due notice, another meeting place is selected. (Ord. 1134, 2-1-66; Ord. 3172, 12-15-81; Ord. 3670, 6-17-86; Ord. 4002, 11-15-88) Sec. 2.104. President.' A. The Village President shall be the presiding officer of all regular and special meetings of the Board of Trustees and at all times when the Board meets as a committee of the whole. B. The Village President may be referred to as Mayor of the Village. 1. The term "Village President" as used in any ordinance, resolution, motion or other action of the corporate authorities shag be construed as meaning the Mayor; and the term "Mayor" wherever so used shall be construed to mean the Village President. 2. The title "Mayor" as used in the minutes of the meetings of the corporate authorities or any other official document shall be construed as meaning "Village President". (Ord. 2327, 12-7-71) i. See also Chapter 1 of this Code. 1188 ARTICLE EL RULES OF ORDER SECTION: 2.201. Conduct of Business 2.202, 2.203. Order of Business; Regular Meetings Only 2.204. Exception to Reading of Minutes of Previous Meeting Committees; Reports 2.205. Other Rules of Procedure 2.206. Enforcement of Decorum 2.207. Reconsideration Sec. 2201. Conduct of Business. A. Quorum: A majority Of the President and Board of Trustees shall constitute a quorum to do business at any regular or special meeting, unless provided in Paragraph B hereunder. otherwise B. Ordinances, Resolutions and Motions: I- With respect to ordinances, the Passage of all ordinances for whatever Purpose shall require: a. Two (2) readings, (except that this Provision can be waived by a majority of the Board of Trustees present at such meeting); and b. The concurrence of a majority of all the President and Board of Trustees then holding office unless Otherwise expressly provided by any other ordinance or Statute governing the passage of any specific ordinance. 2. With respect to resolutions and motions, the passage of the following types Of resolutions or motions shall require the concurrence of a majority of all the President and Board of Trustees then holding office, unless otherwise expressly provided by any other ordinance or Statute governing the passage of any such Specific resolution or motion: a. Resolutions or motions creating any liability against the Village. b. Resolutions or motions for the expenditure or appropriation of the money of the Village. 1 Proposed ordinances and resolutions shall be circulated amongst the President and Board of Trustees at least three (3) days prior to the meeting at which same are scheduled to be considered by the President and Board of Trustees, except that this provision may be waived upon the request of any two (2) members of the Board. 1090 2.201 BOARD OF TRUSTEES 2.202 B) 4. For purposes of the Article 11, a majority shall be more than one-half (`/,) of the President and Board of Trustees then holding office. C. When a Board Member is Not Required to Vote. 1. As a general rule, no member of the Board of Trustees or the President shall vote on a question in which he has a direct, personal or pecuniary interest. In such case, the office of such person casting such "present" or "pass" vote shall be deemed vacant. 2. While it is the duty of every member of the President and Board of Trustees who has an opinion on any question in which he has no direct, personal or pecuniary interest, to express it by his vote, such member cannot be compelled to do so. a. Such member may prefer to abstain from voting. b. In such instances, a vote "present" or "pass" shall be considered a vote on the prevailing side upon announcing the adoption or rejection of a motion on the floor. (Ord. 2490, 2-19-74; Ord. 4216, 8-7-90) Sec. 2.202. Order of Business; Regular Meetings Only. A. Promptly at the hour set by law on the date of each regular meeting, the Village President, Trustees, Village Clerk and Village Manager shall take their places in the Board Room of the Public Safety Building, unless notice for the meeting specifies another place. B. Immediately thereafter the business of the Board of Trustees shall be taken up in the order found in the written agenda circulated amongst the President and Board of Trustees prior to the meeting date. (Ord. 2490, 2-19-74; Ord. 2920, 7-3-79) C. The said written agenda shall set forth the order of business substantially as follows: 1. Call to order. (Ord. 3172, 12-15-81) 2. Roll Call. 3. Invocation. (Ord. 3172, 12-15-81; Ord. 3670, 6-17-86) 4. Approval of minutes of preceding regular meetings and special meetings, if any. 5. Approval of bills.. 1090 2.202 BOARD OF TRUSTEES 2.203 Q 6. Communications and Petitions - Citizens to be heard. 7. Village President's report (may include proclamations). 8. Old Business. 9. New business. 10. Village Manager's report. 11. Other Business (including items for information only), 12. Adjournment. (Ord. 3172, 12-15-81) D. A waiver of the rules for the purpose of discussing an item not on the written agenda may be requested by any two (2) members of the Board and concurrence of a majority of all the President and Board members present. (Ord. 2490, 2-19-74; Ord. 2920, 7-3-79) Sec. 2.203. Exception to Reading of Minutes of Previous Meeting. Unless a reading of the minutes of a previous Board meeting is requested by a member of the Board of Trustees, such minutes may be approved without reading if the Clerk has previously furnished each Board member with a copy thereof.' (Ord. 2490, 2-19-74) 1. See also Section 2.202C3a of this Chapter 682 2.204 BOARD OF TRUSTEES 2.205 Sec. 2.204. Committees; Reports. A. Committee of the Whole: Working sessions and the discussion of Municipal business shall be undertaken by the Village Board of Trustees sitting as a Committee of the Whole. Minutes shall be taken at all committee meetings and the same shall be submitted to the President and Board of Trustees prior to the next regular meeting of said Board. B. Special and Ad Hoc Committees: Special and Ad Hoc Committees may be appointed by the Village President from time to time to fulfill such purpose as the President shall designate and such committees may be comprised of members of the Village Board of Trustees or of citizens of the community. (Ord. 3172, 12-15-81) Sec. 2.205. Other Rules of Procedure. The following rules of procedure shall govern the conduct of all regular, special and committee meetings of the Board of Trustees, although these rules, other than those prescribed by Statute, may be suspended at any time upon proper motion and consent of the majority of the President and Board of Trustees present at any meeting: A. Rule 1: The President shall decide all questions of order. B. Rule II: 1. Trustees discussing a question shall address the President and no Trustee has the floor until recognized by the President. (see following page for continued 2.205 B) 682 2.205 BOARD OF TRUSTEES 2.205 B) 2. No other person can address the Board unless being given recognition by the President. C. Rule III: A roll call "Yeas" and "Nays" shall be taken and recorded in the journal of proceedings (minutes) for all ordinances, resolutions or propositions which create any liability against or obligation on the part of the Village, or for the expenditure or appropriation of its money, and in all other instances where requests therefor are made by any Trustee. D. Rule IV: Following any hearing of any matter before any other commission or board of the Village, a detailed report of such commission or board including a recommended order or decision shall be forwarded to the President and Board of Trustees by such commission or board. 1. Such report shall include a minority view and recommendation, if there is any. 2. At least one member of his committee or the chairman of the proper standing committee of the Board of Trustees shall be charged with reviewing the transcript of such hearing as well as such report of such commission or board prior to the time the Board of Trustees will ultimately decide the issues involved. 3. Any standing committee chairman may at his own discretion present a matter for vote direct to the President and Board of Trustees prior to the matter being heard before his committee. 4. At the meeting of the President and Board of Trustees, the chairman of a proper committee may request that the report of such commission or board be referred to his committee provided that he makes such request prior to the matter being heard before the Board of Trustees. The same privilege shall be accorded any other two (2) Trustees of the Board; however, in addition, the privilege shall be extended to that time after a hearing before the Board of Trustees but prior to a vote being taken on the matter. 5. The President of the Board of Trustees shall limit oral argument to ten (10) minutes wherein such argument is made on behalf of petitioners appearing before the Board of Trustees with respect to any report of such commission or board. E. Rule V: At any time prior to the matter being heard before the Board of Trustees, any committee chairman can order any item referred to his charge to be taken up in his committee, rather than to have it first considered by the full Board of Trustees for a final determination of the matter. ' F. Rule VI: Any committee report to the Board can be deferred for final action thereon to the next regular meeting of the Board after the report is made upon the request of any two (2) Trustees present. 2.205 BOARD OF TRUSTEES 2.206 G. Rule VII: 1. When a motion is before the Board, no other motion shall be in order but the following: a. To adjourn. b. To lay on the table. c. To call the question. d. To postpone to a certain time. f. To amend. g. To send to committee. 2. These motions are privileged and have precedence in the order in which they succeed each other in this rule. 3. Motions to adjourn, to lay on the table, and to call the question shall be decided without debate. H. Rule VIII: A motion to adjourn is always in order, except: 1. When a member is in possession of the floor. 2. When the Yeas and Nays are being called. 3. When adjournment was the last preceding motion. 4. When it has been decided to call the question. Rule IX: 1. In all cases where the rules hereinabove are not applicable, the Board shall be governed by parliamentary law as laid down in Robert's Rules of Order, Revised. 2. In all other cases where the rules hereinabove are in conflict with Robert's Rules of -Order, Revised, the former shall control the conduct of the meeting. (Ord. 2490, 2-19-74) Sec. 2.206. Enforcement of Decorum. A. The Chief of Police, or such member or members of the Police Department as he may designate, shall be Sergeant at Arms at all regular and special meetings of the President and Board of Trustees when so requested by the Village President or any member of the Board of Trustees. He shall carry out all orders and instructions given by the President for the purpose of maintaining order and decorum at the said meetings. Upon instructions of the President, it shall be the duty of the Sergeant at Arms to place any person who violates the order and decorum of the meeting under arrest and cause him to be prosecuted under the provisions of this Code, the complaint to be signed by the President. 2.206 BOARD OF TRUSTEES 2.207 B. Any person found guilty under this Section shall be fined not less than ten dollars ($10.00) nor more then five hundred dollars (5500.00) for each offense. (Ord. 2490, 2-19-74) Sec. 2.207. Reconsideration. A. The vote upon the adoption of an ordinance, motion or resolution of the Board may be reconsidered at the same meeting at which the vote was taken or at the next regular meeting on motion of any Trustee not present at the time such ordinance, motion or resolution was adopted, or on the motion of any Trustee previously voting on the prevailing side of such ordinance, motion or resolution. However, no ordinance, motion or resolution shall be rescinded except by the same number of votes which were required to pass the matter sought to be reconsidered. B. Rescinded Action; Special Meetings Only: No vote of the President and Board of Trustees shall be reconsidered or referred at a special meeting, unless there are present at that special meeting as many of the President and Board of Trustees as were present when the vote was originally taken. (Ord. 2490, 2-19-74) ARNSTEIN & LEHR 120 SOUTH P459810E PLAZA , SUiTff 1200 CHIOAGO ;�JNOIS V606-31?13 (312, M-7-00 -AX !312) 978.IRSO WE- -4LM BEACH_x,QA,�'�A TILtX D'C-Ur Q Everett* K Hill „r- WLAA.at, (312; 87-7874 K E M 0 R A N 0 U M TO: Mr. Mike Janonis Villa5c of Mount Prospect FROM, Evorctte M. Hill, Jr. DATES December 17, 1992 RE& Village Board Agenda and Voting Procedures At a recent meeting with the Mayor, ne asked that we explore the possibility of making certain changes in the agenda order for the village Board meetings. He suggested that the agenda contain a spe;ific designation of Trustee's Report similar to t;tv mayor's Report. The Trustee's Report would occur on the agenda just prior to the Mayor's Report. He also zuggeisLed that Citizen's Comments and Communications be moved to come after the Mayor's Report. In this way, persons appearing before the Board for honors and proclamations would not have to wait for unrelated and often lengthy comments by citizens. At a subesquent meeting between you and me, you tuggetited that we should address these matters in the general context of previously discussed mcdLfications to Village Soa:d ijrucedure6. You then raised certain specific ql;eetions. These questions and my comments follow. i. What are the legal ramifications of adopting tre Mayor's recommendations which I previously noted in this Memo? COMMENT; Since the Mount Prospect Village Code provides a eample agenda for the order of Village Board mettiag, these recommended changes require that the Board adopt an ordinance amending that section of the Village Code. 2. What are the legal ramifications of adopting a agenda"? COMMENT: The Illinois Revised Statutes at Ch. 24, Section 3-11-17 currently Provides for a type of consent agenda which ie called an "omnibus vote". In addition, Mount Prospect, pursuant to its home rule powere, could provide by ordinance for a consen'. Mr. Mike Janonis December 17, 1992 Fag* 2 agenda. Under either system, any BOdl;d membez must reLaiLl Lhe right to remove an item from the consent agenda. 3.. What is the status of our previous discussion with respect to the dropping of the step requiring a voce of concurrence or non-occurrence with a ZBA recommendation? COMMENT: Our 20ring ordinance requires an extraordinary vote to override certain recommendations of tae zonilig, Board of Appeals. The question was recently raised as to whether this requirements applied to the Board's vote on whether or not to concur with the ZBA or whether it applies to the Board's vote or the adoption of the appropriate ordinance or to both. I had suggested that the Board consider eliminating the step requiring a vote on concurrence or non--oncurrenc* with the ZDA recommendation and simply require an extraordinary majority vote on the appropriate ordinance. This would eliminate possible confusion, save time, and in my opinion not deprive a resident of sufficient opportunity to address the issues before the Board. 4. Are, there legal problems with our tradition Of starting our meetings with an invocation and would we' be less likely to have legal problems if we replace that with the pledge of Allegiance? COMMENT. As you know, it is impossible to predict how the courts will vote on separation of church and state issues. Currently, both houses of Congress still begin business with an invocation. Additionally, I know Of no cases which have indicated that such & practice violates the Constitution. Nonetheless, it is probably only a matter of time before someone challenges such a practice. If there is an inclination to make such a change, it might be best to do it now, since it is often more difficult for a governmental body to make changes when it feels pressure from outside influences. S. .10ay we require that persons wishing to address the Board sign in? COMMENT.- Yes, we may have such a requirement. Other mu n i c I pA-11 —tI a a with whom I have been associated require persons addressing the Board to sign in. 6. Are there legal, impediments to establishing an 111:00 p.m. curfew on Board meetings, if such a curfew may be waived by majority vote of the Board for individual meetings? COMMENT: No there are no such legal impediments. Once 3cj&in,�io becoming a fairly common practice among Illinois municipalities. mt. Mike Janonis December 17, 1992 Page 3 7. What are the legal ramifications of establishing limits on the amount of time that a person may take when addressing the Board? COMMENT- There are no legal impediments to limiting the amounF--oftlme a person may take in addressing the Board. Keep in mind that our Village Code already limits to ten minutes the amount of time that a person may take to address the Board or, most zoning issues. S. Illinois laws are very inconsistent with respect to the number and nature of votes necessary for Board approval of matters before it. This inconsistency leads to practical difficulties and occasionally litigation over whether the proper number of votes were cast by the proper persons. May Mount Prospect as a home rule municipality standardize its voting requirements in order to avoid these problems? COMMENT- ' think this is an idea whose time has come. I have atTla-Med to this Memo a list which I recently compiled of various voting requirements. Even with these'"cheat sheets" the requirements are confusing. The problem is not so much whether extraordinary majority votes should be required, the problem is in discerning whether that vote must be cast by a majority of those present, a majority of those elected and present, a majority of the trustees, or a majority of the corporate authorities. While there may be a valid reason for requiring extraordinary ma]crity votes in some Instances, i.e., sale of Village real estate or dispensing with bid requirements, I think most people would agree that most cf these voting distinctions do not make sense. As a home rule municipality, Mount Prospect has the ability to standardize these voting requirements unless, In individual instances, we have been preempted by state law from doing so. At present, I am rot aware of any such individual preemption. 9. May the Board adopt an ordinance which sets forth all voting requirements in one place in the Village Code? COMMENT: Yes, the Board may do this. Further if we proceed with st-T&R—ardizing voting requirements then putting them In one place in the Code should be a fairly simple project. If you have any questions, please contact mt. \\HGM\EMH2A-l9 �Cm : = . EXTRAORDINARY VOTING REQUIREMENTS personal property 11-76.1-1 2/3 Corporate Auth. (Affirmative Vote) To exchange real estate 11-76.2-1 2/3 Corporate Acth. 11-76.2-3 (Affirmative Vote) To sell or lease away public 3/4 Corporate Auth. property 11-76-1 (Affirmative Vote) To lease equipment or machinery 11-76-6 2/3 Corporate Auth. (Affirmative Vote) 213 Corporate Authority = 5 Trustees or 4 Trustees + Village President 3/4 Corporate Authority - 6 Trustees or 5 Trustees + Village President If affirma!-ivw vote is required, abstentions are not counted with majority The village President must vote when any extraordinary majority is required. P7 T Required subtoct MrttPrr Citation Votes To override veto Cf Vi:izg® President 3.11-19 4 trustees To vacate a -roots and alleys 11-9-1 5 Trustees (Affirmative Vote) To approve zoning amendment over 20% 14 Trustees property owner pro=em 11-13-14 iAffirmative Vote) To amend zoning set -back lines 11-14-3 2/3 Corporate Auth. (Affirmative Vote) To approve Annexation Agreements 11-15.1-3 2/3 Corporate Auth. To increase Street and Bridge tax Erom .064 to .104 11-81-2 3/4 Corporate Auth. To estak�liah street light tax 11--80-5 4 Truateea To make additional emergency appropriations 8-1-6 2/3 Corporate Auth. To commence needed public wort; prior to adoption of Appropriation Ord. 8-1-7 2/3 Corporate Auth. To make interdepartmental transfers of appropriated sums exceeding 5% after 2/3 Corporate Auth. 6 months 8-2-9.6 (AffiLmative vote) To lease or purchase real or personal property 11-76.1-1 2/3 Corporate Auth. (Affirmative Vote) To exchange real estate 11-76.2-1 2/3 Corporate Acth. 11-76.2-3 (Affirmative Vote) To sell or lease away public 3/4 Corporate Auth. property 11-76-1 (Affirmative Vote) To lease equipment or machinery 11-76-6 2/3 Corporate Auth. (Affirmative Vote) 213 Corporate Authority = 5 Trustees or 4 Trustees + Village President 3/4 Corporate Authority - 6 Trustees or 5 Trustees + Village President If affirma!-ivw vote is required, abstentions are not counted with majority The village President must vote when any extraordinary majority is required. P7 T Subigo Matter Citation To override veto of Mayor 3-11-19 To vacate streets or alleys 11.9.1 To approve zoning amendment over 20% 11.13.14 property owner protest V.G.:4.806(C) To amend zoning set -back Iines 11-14-3 To approve Annexation Agreements To increase Street and Bridge tax from .06% to .109x' To establish street light tax To make additional emergency appropriations To commence needed public work prior to adoption of Appropriation Ordinance To make interdepartmental transfers of appropriated suras exceeding 3% after 6 months or to revise the annual budget officer's budget To lease or purchase real or personal property To exchange real estate 11-15.1-3 V.C. 5.310(8) 11-81.2 11-80.5 8.1.6 8-1-7 4 Trustees 5 Trustees (AfBrtnative vote) 4 Trustees (Affirmative vote) 2/3 Corporate Auth. (Affirmative vote) 2/3 Corporate Auth. 3/4 Corporate Auth. 4 Trustees 2/3 Corporate Auth. 2/3 Corporate Aunt. 8-2.9 2J3 Corporate Auth. 8-2-9.6 (Af&m. alive vote) 11.76.1.1 2/3 Corporate Auth. To grant zoning amendment within 6 months of Comprehensive Plan adoption (Affirmative vote) 11.76.2.1 2/3 Corporate Auth. 11-76.2.3 (.Affirmative vote) To Iease equipment or machinery 11-76-6 Tot zoning variation over negative ZrAA report V.C, 14.606(C) To grant zoning variation within 6 months of Comprehensive Pian adoption V.C. 14.604(C) To grant zoning amendment within 6 months of Comprehensive Plan adoption V.C. 14.8%(D) To grant special use over negative ZBA report V.C. 14.7050 2/3 Curpurate Auth. (Affurnative vote) 2,13 Corporate Auth. (Affirmative vote) 2/3 Corporate Auth. 4 Trustees (Affirmative vote) 2/3 of quorum MINUTES COFFEE WITH COUNCIL Saturday, February 13, 1993 10-00 am. Trustees Room, Village Hall Trustee Leo Floros convened the monthly Coffee With Council meeting at 10:00 am. Those present were: Trustees Paul Hoefert and Irvana K. Wilks and Fire Chief Edward M. Cavello. Residents in attendance were: Alice and Albert Boldt and David and Andrew Schein. Mr. Boldt of 617 School Street, 870-7559 stated that he objected to having to pay the real estate transfer tax at the time he moved from 3 North Elm to his present location on School Street. Mr. Boldt thought he should be exempt from the $571.00 -tax in as much as his move was from one location in the Village to another that is also within the Village boundaries. Mr. David Schein of 512 Na-Wa-Ta questioned the appropriateness of discussing whether or not the Village Board should take a position on the School District 57 referendum. Trustee Wilks stated that she did not think one board should tell another board how to operate. Trustee Wilks advised to tread carefully in this area. Trustee Floros commented that individually the relationship between board members was very positive. Trustee Floros also commented that he thought the referendum would be a tough sell. General discussion followed concerning the possibility of using incineration as a method of resolving the garbage disposal issue. During the discussion, Mr. Boldt asked if the Village of Mount Prospect realized revenue from the recycling program. Trustee Hoefert commented that the revenue received does not cover the cost of the program. Mr. Schein indicated his interest in the drainage problem on Linneman Road. Mr. Schein stated the paleo-history of Mount Prospect indicates that the area of Linneman Road was the convergence of two tributaries and, therefore, a natural channel that still exists today. There being no further discussion, the meeting was adjourned at 11:20 am. A tour of the Police and Fire Headquarters construction site immediately followed the meeting. RTes ectfull submitted, I Edward M. Cavello. Fire Chief FINANCE COMMISSION AGENDA Thursday, February 25, 1993 7:30 p.m. Trustees Room Village Hall 100 South Emerson Street I Call to Order 11 Accept Minutes of December 3, 1992 111 1993/94 Budget Process IV Finance Director's Report V Other Business VI Adjournment MAYOR GERALD t- �AALEI( TRUSTEES MARK "'I BUSSE GFORC.;E A CLOWES TIMOTHY .I. CORCCflAN LF (I R " CROS, PA1J1-\NM HOFFERT I RVANA K WILKS VILLAGE MANAGEA MICHAEL E JWK NIS VILLAGE CLEAK CAROL A M I OS Village of Mount Prospect 100 South Emerson Street Mount Prospect, Illinois 60056 Phone; 708 / 392-6000 Fax: 708 / 392-6022 AGENDA BUSINESS DISTRICT DEVELOPMENT AND REDEVELOPMENT COMMISSION Regular Meeting Wednesday, February 24, 1993 Village Hall 7:30 P.M. I. CALL TO ORDER H. ROLL CALL III. APPROVAL OF MINUTES IV. NEW BUSINESS A. Downtown Redevelopment - Neighborhood Meeting 1. Background 2. Current Focus - Pine/Wille Block 3. Role of Broadacre Management 4. Process and Timeframe mfimnnl�* �Wlfli :• 1 - NXI XTM I Phone: 708 / 392-6000 Fax: 708 / 392-6022 This case was continued from the January 28, 1993 Zoning Board of Appeals meeting. The petitioner is requesting a variation to Section. 14.3012 to allow the existing eleven (11) spaces instead of the required twenty-two (22) spaces in order for a funeral parlor to occupy a portion of the building. Upon completion of the public hearing, Village Board action will be required for this case at their meeting of March 2, 1993. ZBA-7-V-93, SalvglQre DiSanto, 2QQ1 East Euclid Avenue A variation to Section 14.102.B.4 to allow a 324 square foot accessory structure instead of the maximum allowed 120 square foot. Upon completion of the public hearing, Village Board action will be required for this case at their meeting of March 2, 1993. ZB&4-SU-93, ZBA-9-_V_-93, Steven and Ellyn Schwartz, 12abtree Lane A Special Use Permit as required in Section 14.1101.C.8 to allow a garage for parking of a commercial vehicle with a licensed weight of more than 8,000 pounds. Also, a variation to Section 14.102.8.3 to allow an accessory structure with a height of 12'-6" instead of the maximum allowed 12 feet. Upon completion of the public hearing, Village Board action will be required for this case at their meeting of March 2, 1993. ZRA-10-Z-93. ZBA-11-SU-93. Deerfield Federal Say. & Loan Trust #287. 412A14 East Rand Road The petitioners are seeking the following: 1. A rezoning from B-2 Business Office of Article XVIII to R-3 Apartment Residence of Article XIV as allowed in Article VIII, Amendments. MAYOR GERALD L FARLY TAUSTEES MARK W BUSSE GEORGE A CLOWES T IMO rHY J CORCORAN LEC FLORCS PAUL WM HOEFER r RVANA K WILKS Village of Mount Prospect VILLAGE MANAGER MICHAEL. E JANON11, VILLAGE CLERK 100 South Emerson Street Mount Prospect, Illinois 60056 CAROL A FIELDS AGENDA ZONING BOARD OF APPEALS Regular Meeting Thursday, February 25, 1993 7:30 P.M. Senior Citizen Center 50 South Emerson Street :• 1 - NXI XTM I Phone: 708 / 392-6000 Fax: 708 / 392-6022 This case was continued from the January 28, 1993 Zoning Board of Appeals meeting. The petitioner is requesting a variation to Section. 14.3012 to allow the existing eleven (11) spaces instead of the required twenty-two (22) spaces in order for a funeral parlor to occupy a portion of the building. Upon completion of the public hearing, Village Board action will be required for this case at their meeting of March 2, 1993. ZBA-7-V-93, SalvglQre DiSanto, 2QQ1 East Euclid Avenue A variation to Section 14.102.B.4 to allow a 324 square foot accessory structure instead of the maximum allowed 120 square foot. Upon completion of the public hearing, Village Board action will be required for this case at their meeting of March 2, 1993. ZB&4-SU-93, ZBA-9-_V_-93, Steven and Ellyn Schwartz, 12abtree Lane A Special Use Permit as required in Section 14.1101.C.8 to allow a garage for parking of a commercial vehicle with a licensed weight of more than 8,000 pounds. Also, a variation to Section 14.102.8.3 to allow an accessory structure with a height of 12'-6" instead of the maximum allowed 12 feet. Upon completion of the public hearing, Village Board action will be required for this case at their meeting of March 2, 1993. ZRA-10-Z-93. ZBA-11-SU-93. Deerfield Federal Say. & Loan Trust #287. 412A14 East Rand Road The petitioners are seeking the following: 1. A rezoning from B-2 Business Office of Article XVIII to R-3 Apartment Residence of Article XIV as allowed in Article VIII, Amendments. Zoning Board of Appeals Agenda Page 2 2. A Special Use Permit as required in Article XXV to allow a Planned Unit Development which consists of 11 townhome units on 1.21 acres. Upon completion of the public hearing, Village Board action will be required for this case at their meeting of March 2, 1993. The petitioner is seeking the following in order to allow an accessory structure to remain as constructed: L A variation to Section 14.102.2 to allow an interior sideyard setback of 2.25 ft. instead of the minimum allowed 5 feet, and 2. A variation to Section 14.102.1 to allow an accessory structure to within 1.63 feet from a principal structure instead of the minimum 10 feet. Upon completion of the public hearing, Village Board action will be required for this case at their meeting of March 2, 1993. ZBA43-V-93, Mark & jacqui Menicb, 104 Agst Suns -e A variation to Section 14.1102.E to allow a lot coverage of 46.5% instead of the maximum allowed 45% in order to construct a deck on the property. The Zoning Board of Appeals is final in this case. (SEE NOTE) ZBA-14-"3. R—gland H. BrachgL 80 Ironwood Dri A variation to Section 14.1102.D.3 to allow an existing concrete pad to remain within six (6) feet of the required rear yard property line instead of the minimum allowed 15 feet. A conforming 120 square foot shed is on the concrete pad and its to remain. Upon completion of the public hearing, Village Board action will be required for this case at their meeting of March 2, 1993. NOTE: 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. MINUTES OF THE SPECIAL MEETING OF THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT DECEMBER 22, 1992 CALL TO ORDER Mayor Farley called the meeting to order at 7:30 P.M. ROLL CALL Present upon roll call Absent: Mayor Gerald Farley Trustee Timothy Corcoran Trustee Leo Floros Trustee Paul Hoefert Trustee Irvana Wilks Trustee Mark Busse Trustee George Clowes INVOCATION The invocation was given by Mayor Farley. CITIZENS TO HE HEARD The owner of Central Continental Bakery asked that the enlarge redevelopment district include additional parking for the downtown merchants. It was noted that there had been discussion at a previous meeting of the Village Board that the proposed senior citizen housing site not be included in the Pine Street redevelopment area. Staff was asked to look into alternative sites, possibly in the area of the Senior Citizen Center, which may reduce the parking space customers patronizing downtown merchants can use. Mayor Farley stated that the location for senior housing had not been identified and all concerns of the downtown merchants would be considered prior to final approval. Richard Hendricks, 1537 E. Emmerson Lane, stated that he would be opposed to senior citizen housing in the area of the Senior Citizen Center and would rather see it located on Pine Street, as proposed in the original amendment ,to the redevelopment plan. APPOINTMENTS None. CALL TO ORDER ROLL CALL INVOCATION TIF: DOWNTOWN PARKING FOR MERCHANTS CHANGE IN FLEX COMP PLAN CHANGE A Resolution was presented that would change the existing FLEX COMP Flex Comp Plan from a calendar year to the Village's PLAN fiscal year. It was noted that the proposed change would be made in two segments. The first would have the Flex Comp Plan from January 1, 1993 through April 30, 1993, and the second segment would be from May 1, 1993 through April 30, 1994. Trustee Hoefert, seconded by Trustee Corcoran, moved for FW.N0.36-92 for passage of Resolution No. 36-92 A RESOLUTION APPROVING AN AMENDMENT TO A CAFETERIA PLAN (FLEX COMP) Upon roll call: Ayes: Corcoran, Floras, Hoefert, Wilks Nays: None Motion carried. IMRF CREDITS: A Resolution was presented that would authorize the CAROLYN WEILAND Village to credit Carolyn Weiland, a secretary in the Public Works Department, with omitted service credits towards IMRF (Illinois Municipal Retirement Fund) benefits. It was noted that this adjustment is necessary to reflect the appropriate years of service following the employees change in status from less that the required 1,000 hours per year to over 1,000 hours per year. RES.NO. 37-92 Trustee Hoefert, seconded by Trustee Corcoran, moved for passage of Resolution No. 37-92 A RESOLUTION AUTHORIZING OMITTED SERVICE CREDITS FOR CAROLYN WEILAND Upon roll call: Ayes: Corcoran, Floros, Hoefert, Wilks Nays: None Motion carried. INSURANCE PROPOSALS INSURANCE David Jepson, Director of Finance, presented PROPOSALS proposals received for Property Damage, Public Officials Errors and Omissions Liability, Excess Workers Compensation Insurance, EMT Malpractice and General Liability/Automobile Liability/Policy Professional Liability coverage. It was the recommendation of the Village's Consulting Broker that the following premiums be approved: Coverage 1993 Premium Property $ 23,024 Public Officials 22,600 Workers' Comp 42,873 EMT Malpractice 5,489 General, Auto & Police --29.820 Trustee Corcoran, seconded by Trustee Floros, moved to concur with the recommendation of the administration and authorize the insurance premiums as presented for a total of $172,816.00. Upon roll call: Ayes: Corcoran, Floros, Hoefert, Wilks Nays: None Motion carried. KIMBALL HILL Village Manager Michael E. Janonis distributed the TOWNHOUSE minutes and recommendation from the Zoning Board of DEVELOPMENT Appeals relative to the Kimball Hill Townhome Development, proposed for the site immediately west of the Trade Service Publication building on Central Road. It was noted that the Village Code Page 2 - December 22, 1992 requires the recommendation of the Zoning Board of Appeals be forwarded to the Village Board within a specified period and since this matter will not be presented to the Village Board until the 1993 meeting of the Board, distributing the recommendation would meet that requirement. ADJOURNMENT ADJOURN There being no further business to come before this Special Meeting of the Village Board, Mayor Farley adjourned the meeting at 8:10 P.M. Carol A. Fields Village Clerk Page 3 - December 22, 1992 I MINUTES OF THE SPECIAL MEETING OF THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT DECEMBER 22, 1992 CALL TO ORDER housing had not been identified and all concerns of Mayor Farley called the meeting to order at 7:30 P.M. CALL TO to final approval. ORDER ROLL CALL that he would be opposed to senior citizen housing Present upon roll call: Mayor Gerald Farley ROLL CALL Trustee Timothy Corcoran APPOINTMENTS Trustee Leo Floros None. Trustee Paul Hoefert CHANGE A Resolution was presented that would change the existing Trustee Irvana Wilks Flex Comp Plan from a calendar year to the Village's Absent; Trustee Mark Busse It was noted that the proposed change would be made in Trustee George Clowes two segments. The first would have the Flex Comp Plan INVOCATION from January 1, 1993 through April 30, 1993, and the second INVOCATION The invocation was given by Mayor Farley. Trustee Hoefert, seconded by Trustee Corcoran, moved for CITIZENS TO BE HEARD for passage of Resolution No. 36-92 The owner of Central Continental Bakery asked that TIF: the enlarge redevelopment district include additional DOWNTOWN parking for the downtown merchants. PARKING FOR MERCHANTS It was noted that there had been discussion at a previous meeting of the Village Board that the proposed senior citizen housing site not be included in the Pine Street redevelopment area. Staff was asked to look into alternative sites, possibly in the area of the Senior Citizen Center, which may reduce the parking space customers patronizing downtown merchants can use. Mayor Farley stated that the location for senior housing had not been identified and all concerns of the downtown merchants would be considered prior to final approval. Richard Hendricks, 1537 E. Emmerson Lane, stated that he would be opposed to senior citizen housing in the area of the Senior Citizen Center and would rather see it located on Pine Street, as proposed in the original amendment to the redevelopment plan. APPOINTMENTS None. CHANGE IN FLEX COMP PLAN CHANGE A Resolution was presented that would change the existing FLEX COMP Flex Comp Plan from a calendar year to the Village's PLAN fiscal year. It was noted that the proposed change would be made in two segments. The first would have the Flex Comp Plan from January 1, 1993 through April 30, 1993, and the second segment would be from May 1, 1993 through April 30, 1994. Trustee Hoefert, seconded by Trustee Corcoran, moved for RE5.NO.36-92 for passage of Resolution No. 36-92 A RESOLUTION APPROVING AN AMENDMENT TO A CAFETERIA PLAN (FLEX COMP) Upon roll call: Ayes: Corcoran, Floros, Hoefert, Wilks Nays: None Motion carried. IMRF CREDITS: A Resolution .was presented that would authorize the CAROLYN WEILAND Village to credit Carolyn Weiland, a secretary in the Public Works Department, with omitted service credits towards IMRF (Illinois,Municipal Retirement Fund) benefits. It was noted that this adjustment is necessary to reflect the appropriate years of service following the employees change in status from less that the required 1:,000 hours per year to over 1,000 hours per year. RES.NO. 37-92 Trustee Hoefert, seconded by Trustee Corcoran, moved for passage of Resolution No. 37-92 A RESOLUTION AUTHORIZING OMITTED SERVICE CREDITS FOR CARdLYN WEILAND Upon roll call: Ayes: Corcoran, Floros, Hoefert, Wilks Nays: None Motion carried. INSURANCE PROPOSALS INSURANCE David Jepson, Director of Finance, presented PROPOSALS proposals; received for .Property Damage, Public Officials Errors and Omissions ;Liability, Excess Workers Compensation Insurance, EMT Malpractice and General Liability/Automobile Liability/Policy Professional Liability coverage. It was the recommendation of the Village's Consulting Broker that the following premiums be approved: Coverage 1993 Premium, Property $ 23,024 Public Officials 22,600, Workers' Comp 42,873 EMT Malpractice $,489 General, Auto & Police $17;2, 816 Trustee Corcoran, seconded by Trustee Floros, moved to concur with the recommendation of the administration and authorize the insurance Premiums as presented for a total of $172,816.00. Upon roll call: Ayes: Corcoran, Floros, Hoefert, Wilks, Nays: None Motion carried. KIMBALL HILL Village Manager Michael E. J{anonis distributed the TOWNHOUSE minutes and recommendation from the Zoning Board of DEVELOPMENT Appeals relative to the Kimball Hill Townhome Development, proposed for the site immediately west of the Trade Service Publication building on Central Road. It was notedthat the Village Code Page 2 - December 22, 1992 requires the recommendation of the Zoning Board of Appeals be forwarded to the Village Board within a specified period and since this matter will not be presented to the Village Board until the 'Y 0,.. f 0,_Febv-oavj%-19, 1993 meeting of the Board, distributing A- the recommendation would meet that requirement. ADJOURNMENT ADJOURN There being no further business to come before this Special Meeting of the Village Board, Mayor Farley adjourned the meeting at 8:10 P.M. Carol A. Fields Village Clerk Page 3 - December 22, 1992 M MINUTES OF THE REGULAR MEETING OF THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT December 15, 1992 CALL TO ORDER Mayor Farley called the meeting to order at 7:40 P.M. ROLL CALL Present upon roll call: Mayor Gerald "Skip" Farley Trustee Mark Busse Trustee George Clowes Trustee Leo Floros Trustee Paul Hoefert Absent: Trustee Timothy Corcoran (arrived late) Trustee Irvana Wilks INVOCATION The invocation was given by Trustee Floros. INVOCATION APPROVAL OF MINUTES Trustee Floros, seconded by Trustee Busse moved to APPROVE approve the minutes of the regular meeting of the MINUTES Mayor and Board of Trustees held December 1, 1992. Upon roll call: Ayes: Busse, Clowes, Floros, Hoefert Nays: None Motion carried. APPROVAL OF BILLS Trustee Floros, seconded by Trustee Busse, APPROVE BILLS moved to approve the following list of bills: General Fund $ 861,943 Refuse Disposal Fund 2,740 Motor Fuel Tax Fund 70,168 Community Development Block Grant Fund 6,303 Illinois municipal Retirement Fund 79,515 Water & Sewer Fund 791,453 Parking System Revenue Fund 4,968 Risk Management Fund 117,512 Vehicle Replacement Fund 15,425 Motor Equipment Pool Fund - Capital Improvement, Repl. or Repair Fund 41,365 Downtown Redev. Const. Fund - Police & Fire Building Const. 303,797 Floc! Control Revenue Fund 21,505 Corporate Purpose Improvement 1990 - Debt Service Funds 719,828 Flexcomp Trust Fund 6,452 Escrow Deposit Fund 121,935 Police Pension Fund Firemen's Pension Fund Benefit Trust Funds 2,361 $3,167,270 Upon roll call: Ayes: Busse, Clowes, Floros, Hoefert Nays: None Motion carried. FINANCIAL REPORT Trustee Busse, seconded by Trustee Clowes, moved to accept the financial report dated November 30, subject to audit. Upon roll call: Ayes: Busse, Clowes, Floros, Hoefert Nays: None Motion carried. COMMUNICATIONS AND PETITIONS - CITIZENS TO BE HEARD Mr. Albert Gleba,-1040 West Central Road, asked that ZBA 77-Z-92 and ZBA 78 -SU -92 cases be rescheduled for January 19, 1993 rather than January 5, as he will be unable to attend the January 5 meeting. Mayor Farley asked David Clements, Planning Director, to contact the Petitioner to see it the latter date is acceptable. Mr. Richard Hendricks, 1537 East Eerson Lane, expressed concern that information was missing from a case file in the Planning department recently. Mr. Hendricks stated that upon request he did receive additional information. Mayor Farley thanked Mr. Hendricks for his comments. Mr. Hendricks also; questioned the Village's policy of allowing individuals to serve on more than one commission. Trustee George Clowes stated that he will be out of town January 19, the date requested by a resident to hear ZBA 'cases 77-Z-92 and 78 -SU -92. NAYOR'S REPORT POLICE OFFICER Mayor Farley and Police Chief Ron Pavlock presented the OF THE YEAR 1992 Police Officer of the Year, and Runners -Up. AND RUNNERS-UP Chief Pavlock announced that Investigator Robert Rzepecki was selected as Police officer of the Year. Village Manager Michael Jannis presented a check in the amount of $250.00 to Mrs. R.zepecki. The following members of the Police Department were runners-up: Officer William Roscoe Officer Robert Smith Investigator Anthony Kotlarz Trustee Corcoran arrived at this time. HOLIDAY SEASON A Resolution was presented extending Holiday Greetings GREETINGS to the community. RES. NO. 33-92 Trustee Busse, seconded by Trustee Clowes, moved for passage of Resolution No. 33-92' A RESOLUTION FOR THE HOLIDAY SEASON Upon roll call: ayes: Busse, Clowes, Corcoran, Floros, Hoefert Nays: None Motion carried. OLD BUSINESS ZBA 72 -SU -92 ZBA 72 -SU -92, 1716 North Aspen Drive 1716 N. Aspen An Ordinance was presented for first reading that Page 2 - December 15, 1992 would grant a Special Use permit to allow the installation of a ground -mounted satellite antenna. The Zoning Board of Appeals recommended granting this request by a vote of 5-0. Trustee Busse, seconded by Trustee Clowes, moved to waive the rule requiring two readings of an ordinance. Upon roll call: Ayes: Busse, Clowes, Corcoran, Floros Nays: Hoefert Motion carried. Trustee Busse, seconded by Trustee Clowes, moved for passage of ordinance No. 4499 AN ORDINANCE GRANTING A SPECIAL USE FOR ORD. NO. 4499 PROPERTY LOCATED AT 1716 NORTH ASPEN DRIVE Upon roll call: Ayes: Busse, Clowes, Corcoran, Floros, Hoefert Nays: None Motion carried. ZBA 73-V-92, 811 South Edward Street ZBA 73-V-92 An Ordinance was presented for first reading that 811 S. EDWARD would grant a variation to allow a sideyard setback of 4.51 rather that the required 7.21 in order to build a partial second story addition. The Zoning Board of Appeals recommended granting this request by a vote of 6-0. Trustee Busse, seconded by Trustee Clowes, moved to waive the rule requiring two readings of an Ordinance. Upon roll call: Ayes: Busse, Clowes, Corcoran, Floros, Hoefert Nays: None Motion carried. Trustee Busse, seconded by Trustee Clowes, moved for ORD. NO. 4500 passage of Ordinance No. 4500 AN ORDINANCE GRANTING A VARIATION FOR PROPERTY LOCATED AT 811 SOUTH EDWARD STREET Upon roll call: Ayes: Busse, Clowes, Corcoran, Floros, Hoefert Nays: None Motion carried. ZBA 74-V-92, 1901 Cholo Lane ZBA 74-V-92 An Ordinance was presented for first reading that 1901 Cholo Lane would grant a variation to allow a sideyard setback of 5.751 rather than the allowed 8.61 in order to construct a garage and room addition. The Zoning Board of Appeals recommended granting this request by a vote of 6-0. Trustee Busse, seconded by Trustee Clowes, moved to waive the rule requiring two readings of an Ordinance. Page 3 - December 15, 1992 Page 4 - December 15, 1992 Upon roll call: Ayes: Busse, :lower, Corcoran, Hoefert'' Floros, Nays: None Motion carried. seconded by Trustee' Corcoran, moved ORD NO. 4501 Trustee Busse, for passage of ordinance No. 45C AN ORDINANCE GRANTING A VARIATION FOR LANE PROPERTY LOCATED AT 1901'CHOLO Upon ral1 call: Ayes: Busse, Clowes, Corcoran, Floros, Hoefert Nays': None Motion carried, ZBA 75�-V-92 ZBA 75-V-92, 10 East Sunset Road Which first 10 EAST SUNSET variationtto allow71 service walk, than the wAn oulddg`anteawas encroaching into the sideyard setback rather of ale The Zoning oarote maximum allowed 36" walk. of 6-0, granting this request by recommended Trustee Busse, seconded by Trustee Clowes, moved to readings of an Ordinance. waive the rule requiring two CHoefertCorcaran, Upon roll call: Ayes: - Floros,Busse Nays: None Motion carried. seconded by Trustee Clowes, moved for ,ORD. NO. 4502 Trustee Busse, of Ordinance No. 4502 passage AN ORDINANCE GRANTING A VARIATION FOR 'EAST SUNSET ROAD PROPERTY LOCATED AT 10 Upon roll call: Ayes: Busse, Clowes, Corcoran, Hoefert Floras, Nays: None Motion carried. ZBA 76-V-92 ZBA 7 - -92,, 201 South Edward Street firstpresented for reading which 201 S. Edward nu r brant variations tnance was o allow arear yard setback of variation to 1,57" rather than the 'required 5",*and a setback of 17»3 instead allow an exterior sideyard the required 201, in order toconstruct a 2 -car ded of garage. The Zoning Board of Appeals by a vote of -0 granting these requests Trustee Busse, seconded by Trustee Cloves, moved to readings of an ordinance. waive the rule requiring two Upon roll call: Ayes: Busse, Clowes, Corcoran, Hoefert Floros, Nays: None Motion carried. seconded by Trustee Clowes, moved for ORD. NO. 4503 Trustee Busse, Ordinance No. 4503 passage of Page 4 - December 15, 1992 AN ORDINANCE GRANTING A VARIATION FOR PROPERTY LOCATED AT 201 SOUTH EDWARD STREET Upon roll call: Ayes: Busse, Clowes, Corcoran, Floros, Hoefert Nays: None Motion carried. Dunn's Subdivision, 15 N. Marcella Road DUNN'S An Ordinance was presented to provide for modifications SUBDIVISION from the Development Code relative to right of way, lot 15 N. MARCELLA depth, cul de sac requirements, sidewalks, street lighting, and pavement width. The Plan Commission recommended granting these modifications by a vote of 7-1. Trustee Busse, seconded by Trustee Clowes, moved to waive the rule requiring two readings of an Ordinance. Upon roll call: Ayes: Busse, Clowes, Corcoran, Floros, Hoefert Nays: None Motion carried. Trustee Clowes, seconded by Trustee Busse, moved for ORD. NO. 4504 passage of Ordinance No. 4504 AN ORDINANCE GRANTING MODIFICATIONS FROM THE DEVELOPMENT CODE (CHAPTER 16) FOR PROPERTY GENERALY KNOWN AS THE DUNN'S SUBDIVISION Upon roll call: Ayes: Busse, Clowes, Corcoran, Floros, Hoefert NAys: None Motion carried. Dunn's Subdivision, 15 North Marcella Road DUNN'S A Resolution was presented to authorize execution of SUBDIVISION a Restrictive Covenant guaranteeing specified 15 N. MARCEJAA improvements for this property at a later date. Trustee Busse, seconded by Trustee Clowes, moved for RES. NO.34-92 passage of Resolution of 34-92 A RESOLUTION AUTHORIZING EXECUTION OF A RESTRICTIVE COVENANT FOR PROPERTIES COMMONLY KNOWN AS THE DUNN'S SUBDIVISION Upon roll call: Ayes: Busse, Clowes, Corcoran, Floros, Hoefert Nays: None Motion carried. Mayor Farley presented the following Ordinances for TAX first reading: INCREMENT An Ordinance Approving Amendment No. 2 to the Tax REDEVELOPMENT PROJECT Increment Redevelopment Plan and Redevelopment ORDINANCES Project for District No. 1; Page 5 - December 15, 1992 An Ordinance Designating Amendment No. 2 to the Tax Increment Redevelopment Project Area for District No. 1; An Ordinance Confirming, Extending and Adopting Tax Increment Financing for the Amendment,No. 2 to the Tax Increment Redevelopment Project Area for District No. I in the Village of Mount Prospect, Illinois. Mayor Farley stated tht due to the anticipated absence of several Board members during the week of December 21, these Ordinances will be presented for second readings on January 5, 1993. Based upon direction from the Village Board, Staff made a brief presentation regarding the proposed Catholic Charities senior housing project as it relates to the downtown redevelopment project. village Manager, Michael Janonis, informed the audience of the relation of the downtown redevelopment project to the proposed construction of a senior housing complex within Mount Prospect. Mike Sims, Planner, gave a brief overview of the development of plans for affordable senior housing within Mount Prospect. Ken Fritz, Economic Development: Coordinator, gave a brief presentation on the proposed possible sites for a senior citizen housing complex by Catholic Charities; one of these is the northwest corner of Main Street/Busse Avenue. Another proposed site is at the intersection of Pine Street/Wille Street. There was a lengthy discussion among the Board members with several issues being addressed by Jim Klifkus, Catholic Charities Executive Director. It was agreed upon that no decision be made regarding a definite site for the senior housing complex until January, after local business owners and the Chamber of Commerce have been included in discussions. Mayor Farley asked that the Board make an initial committment to a site at this meeting, with a final decision being made within 45 days. Trustee Clowes, seconded by Trustee Corcoran, moved that the Village commits to develop the,site at Main Street/Busse Avenue for senior housing with the provision that a definite decision will be reached within 45 days, following discussions with the business community and other interested parties. Upon roll call: Ayes: Busse, Clowes, Corcoran, Floros, Farley Nays: Hoefert Motion carried. Trustee Clowes, seconded by Trustee Floros, moved that if the Main/Busse site proves not to be an acceptable location for the proposed senior housing Page 6 - December 15, 1993 NEW BUSINESS PUBLIC, IMPROVEMENTS PATE SUBDIVISION AMEND CHAPTER 21: BUILDING CODE facility, that the Pine Street/Wille Street site will be used. Upon roll call: Ayes: Clowes, Floros, . Hoefert, Farley Nays: Busse, Corcoran Motion carried. Trustee Flords left the meeting at this time as he was not feeling well. A request was presented to accept the public improvements installed in conjunction with the Pate Subdivision at Wildwood Lane near Westgate Road. Trustee Clowes, seconded by Trustee Hoefert moved to accept the public improvements installed in conjunction with the development of Pate Subdivision. Upon roll call: Ayes: Nays: Motion carried. Busse, Clowes, Corcoran, Hoefert None An Ordinance was presented for first reading which would amend Chapter 21, Building Code, of the Village Code of Mount Prospect. Trustee Clowes asked for clarification from Staff regarding a section of the Building Code which requires property owners to come into compliance with the Code if the cost of a remodeling project exceeds $25,000. After further review, Chuck Bencic, Inspection Services Director, was instructed to delete this itemfromthe Building Code. This amended Ordinance will be presented for second reading January 5, 1993. AMEND An Ordinance was presented for first reading which CHAPTER 24: would amend Chapter 24, currently entitled "The FIRE PREVENTION Village Code" by renumbering Chapter 24 to Chapter CODE 25 "The Village Code," and adopting the new Chapter 24 entitled "Fire Prevention Code." This Ordinance will be presented for second reading January 5, 1993. AMEND An Ordinance was presented for first reading which CHAPTER 25: would increase the fee charged for copies of the VILLAGE CODE entire Village Code from $10.00 to $100.00. FEE This Ordinance will be presented to the Board for second reading January 5, 1993. SAFETY The Safety Commission forwarded the following COMMISSION recommendations: RECOMMENDATIONS: Page 7 - December 15, 1993 A request to install No Parking signs on Milburn Avenue between I -Oka Avenue and Elmhurst to prohibit parking on school days between 7:00 AM and 8:30 AM, and to 'allow 2 hour parking from 8:30 AM to 6:00 PM. The Safety Commission voted 8-0 to approve this recommendation; A request by owners of the Antique Center to amend current parking regulations in the 'Busse Avenue/Wille Street area to allow 8 hour parking from 8:00 AM to 2:00 AM only, and to allow 4 hour parking on Wille Street. The Safety Commission approved this recommendation by a vote of 8-0; A request from Mount Prospect Public Library representatives to eliminate one parking ,space in front of the library. The Safety Commission voted 8-0 to approve this recommendation; A request to remove No Parking restrictions on Highland Avenue. The Safety Commission voted 8-0 to approve this recommendation. Each of these items will.be presented as Ordinances for first readings January 5, 1993. VILLAGE MANAGER'S REPORT Village Manager Michael E. Janonis presented bid' results for ventilation Exhaust Equipment at Fire Station #12. The following bids were received for an exhaust ventilation system Bidder Bid Price Alter ate Pride Heating and AC $13,250.00 $ 8,750.00 Comfort Masters 14,361.00 7,999.00 Energy Systems 15,139.00 6,237.00' Bartlett Heating 18,343.00 8,764.00 Expressway, Inc. 20,995.00 10,995.00 National Heat &Power 22,400.00 6,100.00 Trustee Hoefert, seconded by Trustee Corcoran, moved to concur with the recommendation of the administration and accept the low bid submitted by Pride Heating and Air Conditioning, Barrington, Illinois fora total expenditure of not to exceed $13,250.00. Upon roll call: Ayes: -Busse, Clowes, Corcoran, Hoefert Nays: None Motion carried. PUBLIC HEARING Mayor Farley called a Public Hearing to order at PUBLIC HFAT2IM: 10:01 PM, pursuant to proper legal notice having ANNUEL TAX LEVY been published in the Mount Prospect Journal and Topics newspaper on December 4, 1992, for the purpose of considering the adoption of the annual tax levy for 1992 the fiscal year May 1, 1992 to April 30, 1993. Jacqueline Hinaber, Vice President of the 'Library Board, gave a brief overview of the levy for the Library. Frank Vlazny, 2103 Jody Court, asked that the Village Board consider discussing Village financial matters earlier in the Board meetings for the convenience of concerned residents. Page 8-- December 15, 1992 There being no further discussion on this subject, Mayor Farley declared the Public Hearing closed at 10:22 PM. ORD. NO. 4505 Trustee Clowes, seconded by Trustee Hoefert, moved for passage of Ordinance No. 4505 AN ORDINANCE TO ABATE A PART OF THE TAXES LEVIED FOR CORPORATE AND MUNICIPAL PURPOSES OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS FOR THE FISCAL YEAR BEGINNING MAY 1, 1992 AND ENDING APRIL 30, 1993 Upon roll call: Ayes: Busse, Clowes, Corcoran, Hoefert Nays: None Motion carried. ORD. NO. 4506 Trustee Clowes, seconded by Trustee Hoefert, moved for passage of Ordinance No. 4506 AN ORDINANCE TO ABATE A PART OF THE TAXES LEVIED FOR UNLIMITED TAX BONDS OF SPECIAL SERVICE AREA NUMBER ONE, SPECIAL SERVICE AREA NUMBER TWO, AND SPECIAL SERVICE AREA NUMBER SIX OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS FOR THE FISCAL YEAR BEGINNING MAY 1, 1992 AND ENDING APRIL 30, 1993 Upon roll call: Ayes: Busse, Clowes. Corcoran, Hoefert Nays: None Motion carried. ORD. NO. 4507 Trustee Clowes, seconded by Trustee Hoefert, moved for passage of Ordinance No. 4507 AN ORDINANCE AUTHORIZING THE LEVY AND COLLECTION OF TAXES FOR THE CORPORATE AND MUNICIPAL PURPOSES OF THE VILLAGE OF MOUNT PROSPECT FOR THE FISCAL YEAR BEGINNING MAY 1, 1992 AND ENDING APRIL 30, 1993 Upon roll call: Ayes: Busse, Clowes, Corcoran, Hoefert Nays: None Motion carried. ORD. NO. 4508 Trustee Hoefert, seconded by Trustee Corcoran, moved for passage of Ordinance No. 4508 AN ORDINANCE AUTHORIZING THE LEVY -AND COLLECTION OF TAXES FOR THE MUNICIPAL PURPOSES OF SPECIAL SERVICE AREA NUMBER ONE, SPECIAL SERVICE AREA NUMBER TWO, SPECIAL SERVICE AREA NUMBER FIVE, AND SPECIAL SERVICE AREA NUMBER SIX OF THE VILLAGE OF MOUNT PROSPECT FOR THE FISCAL YEAR BEGINNING MAY 1, 1992 AND ENDING APRIL 30, 1993 Upon roll call: Ayes: Busse, Clowes, Corcoran, Hoefert Nays: None Page 9 - December 15, 1992 Motion carried. A Resolution was presented to authorize the renewal of the lease for Lloyd Semans to operate a concession stand in the Mount Prospect train .station. Trustee Hoefert, seconded by Trustee Corcoran, moved for passage of Resolution No. ,35-92' A RESOLUTION TO AUTHORIZE EXECUTION OF A LEASE: RENEWAL AGREEMENT BETWEEN THE VILLAGE .OF MOUNT PROSPECT AND LLOYD SEMANS IN ORDER TO OPERATE` A CONCESSION STAND IN THE TRAIN STATION Upon roll call; Ayes: Busse, Clowes, Corcoran, Hoefert Nays; None Motion carried. ANY OTHER BUSINESS Trustee Corcoran, stated that Mr. Janonis and David Jepson, Finance Director, had prepared an update of the status of the proposed community auditorium, which was distributed to the Board members'. Trustee Corcoran, having previously met with the Steering Committee for this project, indicated that in order to make the auditorium viable for both music and spoken -word performances the projected bids for the project would probably range from $700,000 to $795,000. Trustee Corcoran asked that the Board approve the estimated costs in order to allow the architect` ample time to prepare construction documents. The general concensus of the Board was that further discussion should be deferred until January 5, -1993. Richard Hendricks expressed concern that the auditorium report had been distributed only to the village Board members. Trustee Busse questioned the enforcement of parking regulations for handicapped residents. Mr. Janonis stated that he would ask staff to review Trustee Busse's concerns and respond. The Board went into Executive Session at 11:00 PM. The meeting was reconvened at 11:24 PM. Present upon roll call: Mayor Farley Trustee Busse Trustee Clowes Trustee Corcoran Trustee Hoefert ADJOURNMENT There being no further business to come before the Village Board, Maydr Farley adjourned the meeting at 10;55 P.M. Page; 10 - December, 15, 1992; TRAIN STATION LEASE RENEWAL RES. NO. 35-92 COMMUNITY AUDITORIUM UPDATE AUDITORIUM REPORT �r •