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HomeMy WebLinkAbout2. DRAFT MINUTES 12/02/2008 MINUTES OF THE REGULAR MEETING OF THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT November 18,2008 CALL TO ORDER Mayor Wilks called the meeting to order at 7: 1 0 p.m. ROLL CALL PLEDGE INVOCATION MINUTES APPROVE BILLS & FINANCIALS MAYOR'S REPORT TIMOTHY J. CORCORAN RES 54-08 Present: Mayor Irvana Wilks Trustee Paul Hoefert Trustee Arlene Juracek Trustee John Korn Trustee John Matuszak Trustee Steve Polit Trustee Michael Zadel PLEDGE OF ALLEGIANCE Pledge of Allegiance led by Mayor Wilks. INVOCATION Trustee Polit gave the Invocation. APPROVAL OF MINUTES Trustee Zadel, seconded by Trustee Pol it, moved to approve the minutes of the regular meeting held November 5, 2008. Upon roll call: Ayes: Hoefert, Matuszak, Pol it, Zadel Nays: None Abstain: Juracek, Korn Motion carried. APPROVE BILLS AND FINANCIALS Mayor Wilks stated the next item on the agenda, "APPROVE BILLS and FINANCIALS" was noted by an asterisk, and unless there was a request to remove an item(s), all items further listed in that manner would be considered with one (1) vote, as business item "IX. CONSENT AGENDA." MAYOR'S REPORT Mayor Wilks read a resolution acknowledging the contributions of Timothy J. Corcoran to the Village of Mount Prospect. The resolution recognized his many years of civic involvement: Village Trustee (May 1989 to September 2008); Solid Waste Agency of Northern Cook County Board of Directors Vice-Chairman (2002- 2008) and Executive Committee Member (since1995) and Mount Prospect Ad Hoc Recycling Committee (1989). Trustee Hoefert, seconded by Trustee Zadel, moved to approve Resolution No. 54-08: A RESOLUTION ACKNOWLEDGING THE CONTRIBUTIONS OF TIMOTHY J. CORCORAN TO THE VILLAGE OF MOUNT PROSPECT Upon roll call: Ayes: Hoefert, Juracek, Korn, Matuszak, Polit, Wilks, Zadel Nays: None Motion carried. Mayor Wilks and the Village Board each recognized former Trustee Corcoran for his distinguished career as a Village Trustee. While many of his attributes were mentioned, he was most noted as a unique and high quality individual with incredible insight and great love for the community. 1 RICHARD M. LOHRSTORFER RES 55-08 TEDDY BEAR WALK WEEK AMEND CHAPTER 13 (ALCOHOLIC LIQUORS) OF THE VILLAGE CODE The Village Board also thanked Mr. Corcoran's wife Joanne who was in attendance and their daughters for allowing him to invest so much of his time to benefit the community. On behalf of all staff, Village Manager Michael Janonis thanked Mr. Corcoran for his leadership and positive working relationship. Mr. Corcoran thanked the Mayor and Village Board for the recognition and reflected on his own appreciation for having the opportunity to serve on the Village Board. Describing the Village as a tremendous place to live he also thanked the residents and his family for their support during his tenure. Mayor Wilks read a resolution acknowledging the contributions of Richard M. Lohrstorfer to the Village of Mount Prospect. The resolution recognized his many years of civic involvement including eleven (11) years as Village Trustee (May 1997 to June 2008); ten (10) years Rivers Trails School District #26 Board of Education (1987 to 1997) serving as President from 1990 1994 and adult advisor to the Mount Prospect Youth Commission. Former Trustee Lohrstorfer was also recognized for his service as a volunteer with regional V Disaster Mortuary Operations Response Team. Trustee ladel, seconded by Trustee Hoefert, moved to approve Resolution No. 55-08: A RESOLUTION ACKNOWLEDGING THE CONTRIBUTIONS OF RICHARD M. LOHRSTORFER TO THE VILLAGE OF MOUNT PROSPECT Upon roll call: Hoefert, Juracek, Korn, Matuszak, Polit, Wilks, ladel None Ayes: Nays: Motion carried. Mayor Wilks stated former Trustee Lohrstorfer was unable to attend the meeting but would be presented with the resolution at the November 25th Holiday Reception for Mount Prospect's Boards and Commission. As part of the event outgoing Trustees Corcoran and Lohrstorfer and newly appointed Trustees Polit and Matuszak will be honored. Mayor Wilks presented a proclamation acknowledging "Teddy Bear Walk Week," November 30 - December 6, 2008. Ms. Keary Dennison, Mount Prospect Library Youth Services accepted the proclamation. Ms. Dennison highlighted the activities planned for that week and extended an open invitation to the community to participate in the December 6th Teddy Bear Walk, a popular holiday event now in its 28th year. Mayor Wilks presented for consideration an ordinance to grant a "C-1" (Supermarket, retail package only) liquor license to Wal-Mart, 930 East Rand Road Granting the liquor license would amend Chapter 13 (Alcoholic Liquors) of the Village Code by increasing the number of Class "C-1" liquor licenses issued by one (1). Trustee Hoefert, seconded by Trustee ladel, moved to waive the rule requiring two (2) readings of an ordinance: Upon roll call: Ayes: Nays: Motion carried. Hoefert, Juracek, Korn, Matuszak, Polit, ladel None Village Manager Michael Janonis provided background information including the pending expansion of the store. Mr. Richards, store manager, and a member of Wal- Mart's legal counsel were in attendance and responded to questions from the Village Board. 2 ORD 5714 BUSINESS LICENSE B90 APPOINTMENTS In response to a question regarding sale of liquor to minors Mr. Richards provided in detail the many safeguards, including computerized features, that will prohibit the illegal sale of alcohol to minors. Trustee Korn, seconded by Trustee Zadel, moved for approval of Ordinance No. 5714: AN ORDINANCE AMENDING CHAPTER 13 (ALCOHOLIC LIQUORS) OF THE MOUNT PROSPECT VILLAGE CODE Upon roll call: Ayes: Nays: Motion carried. Hoefert, Juracek, Korn, Matuszak, Po lit, Zadel None Mayor Wilks read and made a matter of record the Decision of the President and Board of Trustees in the Matter of 83 Bodywork and Studio, 1840 S. Elmhurst Road, Mount Prospect, IL 60056, Business License No. B90. (attached) Trustee Hoefert, seconded by Trustee Zadel, moved to authorize the Village President to execute an order upholding the authority of the Village Manager to delegate the hearing of this case to the Assistant Village Manager and to affirm determination of the Assistant Village Manager in the matter of Business License No. B90: Upon roll call: Ayes: Hoefert, Matuszak, Polit, Wilks, Zadel Nays: None Abstain: Juracek, Korn Motion carried. APPOINTMENTS Mayor Wilks presented the following appointments for Village Board approval: Audit Committe Vincent Grochocinski Term expires November 2012 Trustee John Matuszak Term expires November 2012 Police Pension Fund Board Finance Director Dave Erb Term expires November 2010 Planning and Zoning Commission William Beattie Term expires November 2012 Trustee Zadel, seconded by Trustee Hoefert, moved to approve the appointments as listed above. CITIZENS TO BE Motion carried. HEARD Upon roll call: Ayes: Hoefert, Juracek, Korn, Matuszak, Polit, Zadel Nays: None CONSENT AGENDA BILLS & FINANCIALS COMMUNICATIONS AND PETITIONS - CITIZENS TO BE HEARD Mr. Mal Holec 927 Quince Court Mr. Holec welcomed Trustee Matuszak to the Village Board and wished him much success in his new position. CONSENT AGENDA Trustee Hoefert, seconded by Trustee Juracek, moved to approve the following business items: 1. Bills dated November 1-12,2008 3 2. RES 56-08 3. RES 57-08 4. TRAFFIC SIGN 5. PROJECT 6. ADMINISTRATIVE SERVICES Financial Report dated October 1-31, 2008 A RESOLUTION AUTHORIZING THE EXECUTION OF A PARKING LOT ENFORCEMENT AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND RANDHURST SHOPPING CENTER, LLC A RESOLUTION TO INCLUDE TAXABLE ALLOWANCES AS IMRF EARNINGS Request Village Board approval to accept bid for 2009 Neighborhood Traffic Sign Project Construction in an amount not to exceed $87,069.90. Request Village Board approval to accept agreement with Cannon Cochran Management Services, Inc. (CCMSI) to provide workers' compensation claims administration services during 2009 in an amount not to exceed $18,100. OLD BUSINESS PZ-25-08, 1504 NORTH LARCH DRIVE VARIATION FOR HEIGHT OF AN ACCESSORY STRUCTURE (SHED) VARIATION FOR STORAGE OF A MOTORIZED VEHICLE IN AN ACCESSORY STRUCTURE (SHED) ORD 5715 Upon roll call: Ayes: Nays: Motion carried. Hoefert, Juracek, Korn, Matuszak, Po lit, Zadel None OLD BUSINESS PZ-25-08, 1504 North Larch Drive Mayor Wilks presented for second (2nd) readings: (1) an ordinance to grant a variation for height of an accessory structure (shed) for property located at 1504 North Larch Drive and (2) an ordinance to grant a variation for storage of a motorized vehicle (farm tractor) in a shed for property located at 1504 North Larch Drive. Mayor Wilks stated the Planning and Zoning Commission recommended denial of the variation for height of an accessory structure by a vote of 6-0, and therefore of the ordinance would require a super majority vote by the Village Board for approval. The Planning and Zoning Commission recommended approval of the variation for storage of a motorized vehicle (farm tractor) in a shed by a vote of 6-0. Community Development Director William Cooney provided a brief overview of the petitioner's request as well as staff follow-up to questions presented at the November 5, 2008 Village Board meeting. Mr. Cooney stated that since the November 5th meeting staff had reviewed alternative shed designs with the petitioner, Mr. Steve Boom, and the petitioner indicated a willingness to modify the design of the shed so a height variation would not be required. Mr. Cooney added, research of state requirements indicated the farm tractor required vehicle registration and title. In response to a concern that granting a variation for storage of a motorized vehicle in a shed could open the door for requests to store small motor vehicles used for on- street transportation, it was recommended that the word "antique" be added to the description of the motorized vehicle so as to read, "antique farm tractor." Trustee Hoefert, seconded by Trustee Zadel, moved to approve the granting of a variation for height of an accessory structure (shed) for property located at 1504 North Larch Drive. Upon roll call: Ayes: Nays: None Hoefert, Juracek, Korn, Matuszak, Polit, Zadel Motion failed. Trustee Zadel, seconded by Trustee Polit, moved to approve Ordinance No. 5715 with the word "antique" added to the description of the motorized vehicle: AN ORDINANCE TO GRANT A VARIATION FOR STORAGE OF A MOTORIZED VEHICLE (ANTIQUE FARM TRACTOR) FOR PROPERTY LOCATED AT 1504 NORTH LARCH DRIVE 4 NEW BUSINESS AMEND CHAPTER 18 (TRAFFIC) OF THE VILLAGE CODE RESIDENTIAL TRAFFIC PROGRAM ZONES 3, 4 & 10 Upon roll call: Ayes: Nays: Motion carried. Hoefert, Juracek, Korn, Matuszak, Polit, Zadel None NEW BUSINESS Mayor Wilks presented for a first (151) reading an ordinance to amend Chapter 18 (Traffic) of the Mount Prospect Village Code. This ordinance implements components of the Village's "Residential Intersection Traffic Control" program and the "Residential Speed Limit" program for Zones 3, 4 and 10. Project Engineer Matt Lawrie provided a summary of the neighborhood traffic studies including Public Outreach to the residents in the three zones; direct mailings, newspaper article, Village web site and neighborhood meetings. A total of 111 intersections in the three zones were reviewed by KLOA Inc., Village consultant, to determine the proper traffic controls. In addition, KLOA Inc. reviewed the current access regulations at the two residential streets along Rand Road to determine what, if anything could be done to improve access for Zone 3 residents while still minimizing cut through traffic. The Engineering Division also reviewed the street system to determine the appropriate speed limits in the three (3) zones. Two (2) schools within Zone 4 (Euclid Elementary and River Trails Middle School) and one school within Zone 10 (St. Emily) were also evaluated to determine those streets that should be posted a school speed limit zone. Mr. Lawrie presented staff's recommendation by Zone. Zone 3 - bounded by Camp McDonald Road/Elmhurst Road/Kensington Road/western Village limits A total of 18 intersections were reviewed to determine the proper traffic controls in Zone 3. Included in his summary were recommendations for intersection traffic control, speed limit changes and Rand Road neighborhood access: · 14 intersections to be controlled (1, 2 or 4 way stops) · 25 mile per hour speed limit (residential streets) . Eliminate prohibited turns: 1) left turn - Prospect Manor into Rand (northbound); 2) left turn - Rand Road into Prospect Manor (NWbound) and 3) right turn - Rand Road into Prospect Manor (SEbound). . Add - prohibited right turn - Rand into Prospect Manor (SEbound, 6am to 9am M-F, excluding buses) Several residents from Zone 3 were in attendance to express their concerns with the proposed changes in traffic controls. Residents who addressed the Village Board and a collective list of their primary concerns and comments follow: Residents Chuck Miceli, Jr. 620 Albion Lane Jodie McDonald 407 Oriole Lane David Peterson 608 Larkdale Lane Jean Johnson 621 Bunting Lane Tim Doyle 624 Bob-O-Link Road Kathy Ciaccio 629 Bunting Lane Beverly Carr 427 Larkdale Lane Don Sendelbach 625 Albion Lane · Opposed to installation of stop signs at recommended locations. Minimal number of accidents suggest stop signs not warranted. Concerned stop signs will encourage speeding. · Cost for traffic signs would be a waste as stop signs are not warranted. 5 · Oppose opening up access to neighborhoods by removing turn restrictions at Prospect Manor and Rand; will increase cut-through traffic and increase safety hazard for pedestrians/children. · Need traffic controls to reduce speed on Forest Avenue and Elmhurst Ave - safety hazard especially on Forest - children families walking to neighborhood park. · Recognize no sidewalks maybe a safety risk but do not want sidewalks installed; need to enhance traffic control/traffic calming system Mr. Lawrie provided clarification on the purpose for the recommended stop signs, Rand Road access and the $87,000 cost for traffic signs. · The Village's comprehensive traffic control study program is designed to enhance driver and pedestrian safety and develop a uniform set of guidelines for the Village's traffic code; safety is based on motorist and pedestrian expectations. · Traffic control program establishes a consistent set of standards and thinking; placement of stop signs at T-intersections clarifies right-of-way and is consistent with standards applied in zones already studied. · Residential traffic control program is intended to provide consistency of traffic standards, does not always address specific neighborhood traffic concerns; when appropriate staff recommend a separate study be conducted to address concerns such as speeding on Forest Avenue. · Study of Rand Road access was conducted to assess the feasibility of allowing residents in Zone 3 an additional point of access. Staff will defer to residents' desire to maintain turn restrictions. . The $87,000 cost is for the 2009 neighborhood traffic sign project; 7 neighborhoods. Cost includes signs, removal and installation of signs and reflective stripping. Villaqe Board Comments/Questions . Concurred that removal of turn restrictions at Prospect Manor and Rand Road would increase cut-through traffic. · Understand why residents do not want signs at t-intersections but the signs do clarify right-of-way and are consistent with Village traffic control standards. · Address concerns regarding speeding on Forest Avenue once signage from residential traffic program is completed; challenged staff to find traffic calming system, other than traffic humps · Use of stop signs at collector streets - volume of traffic warrant four way stop. · 3 way stop at Forest may be needed to break up speed area/recommended additional stop signs be added throughout the subdivision · consistency of residential traffic control program does enhance safety Village Manager Janonis responded to comments regarding sidewalks and potholes in Zone 3. · Street improvements in this area coincide with completion of each phase of the water main replacement project. Village is now working on Phase 2 of the 3 Phase project. Streets are fixed when all utility work is complete. · When offered residents declined installation of sidewalks. · Long-term plan includes additional sidewalks along Kensington Road. Staff was directed to obtain additional traffic data and review recommendations based on the comments and questions from the Village Board and residents. Mayor Wilks informed the residents from Zone 3 that the second (2nd) reading of the ordinance would be held at the December 2nd Village Board meeting. Zone 4 - bounded Euclid Avenue, Wolf Road, Kensington Road, Elmhurst Road A total of 58 intersections were reviewed to determine the proper traffic controls in Zone 4. Included in his summary were recommendations for speed limit changes: · 56 intersections to be controlled (1, 2 or 4 way stops) 6 AMEND APPENDIX A, DIVISION II, FEES, RATES & TAXES OF THE VILLAGE CODE WATER/SEWER RATES MANAGER'S REPORT · 25 mile per hour speed limit (residential streets) · 20 mile per hour speed limit in school zone - no change Mr. Lawrie also highlighted the recommendation to install a stop sign at the intersection of Wheeling Road and Cedar Lane. In order to install the stop sign at this location, four parking spaces now permitted for overnight parking for Boxwood residents would need to be eliminated. Staff will work with the Boxwood Association to add an equal number of parking spaces on Boxwood Drive. Should the new traffic control be approved for this intersection, the change would not be made until the new parking spaces have been constructed. In response to questions from the Village Board Mr. Lawrie reiterated staff's commitment to working with the Boxwood Association to recapture the four (4) parking spaces the Association will lose with the installation of the traffic sign at Wheeling Road and Cedar Lane; stop sign will not be installed until the new parking spaces are in place. Zone 10 - bounded by Kensington Business Park/Wolf Road/Central Road/Rand Road A total of 35 intersections were reviewed to determine the proper traffic controls in Zone 10. Included in his summary were recommendations for speed limit changes. . 30 intersections to be controlled (1, 2 or 4 way stops) · 25 mile per hour speed limit residential streets · 20 mile per hour speed limit in school zone - no change There were no comments or questions from the Village Board Mayor Wilks stated the second (2nd) reading of the ordinance would be held at the December 2nd Village Board meeting. Mayor Wilks presented for a first (1 st) reading an ordinance amending Appendix A, Dvision II, entitled Fees, Rates and Taxes of the Village Code. This ordinance establishes an increase in water and sewer rates effective January 1, 2009. Finance Director Dave Erb provided background information including the Village's practice of approving moderate annual rate increases in water and sewer rates rather than implementing large periodic increases. He stated the Village conducted a water rate study during the first (1st) quarter of this year which showed that existing rates were sufficient to cover operations and future annual increases would be set at 4%. To illustrate Mr. Erb stated the cost to a household using 15,000 gallons of water over a two month period for water and sewer usage would be $102.85; an increase of $3.45. Mr. Erb provided the following information in response to questions/comments from the Village Board. . The Village has no debt in water/sewer fund; pay as you go basis for improvements. . Although next water rate study is not scheduled until 2013 Village does obtain rate information on an annual basis to ensure Village rates are inline and make sense. Mayor Wilks stated the second (2nd) reading of the ordinance would be held at the December 2nd Village Board meeting. VILLAGE MANAGER'S REPORT Village Manager Janonis announced the following community items: . Cancelled - November 25, 2008 Committee of the Whole meeting . Loose-leaf leaf collection ends - November 21 st . Bagged leaf collection begins week of November 24th . Shining Star Nominations - deadline November 19th 7 OTHER BUSINESS CLOSED SESSION ADJOURN OTHER BUSINESS Mayor Wilks stated Cook County presented her with a Resolution in honor of the Village's recent recognition by Business Week magazine as the "best place to raise kids." She stated it was an honor to accept and she did so on behalf of the entire community. Mayor Wilks also thanked the newspapers and other media for the coverage of the designation. Village Manager Janonis shared information regarding the 2009 Primary/Consolidated Election. He reviewed the information to be issued in a press release November 19th (attached). Village Manager Janonis stated, based on recent communication with the Election Board and the Village attorney it was determined that in the best interest of all the Village should comply with the primary filing date for non-partisan communities. He stated the information will be posted on the web site. CLOSED SESSION Mayor Wilks asked for a motion and second to enter Closed Session for:there was no need for a Closed Session as listed on the agenda; Land Acquisition 5 ILCS 120/2 (c) (5), Personnel 5 ILCS 120/2 (c) (1) and Personnel 5 ILCS (c) (2). Trustee Zadel, seconded by Trustee Juracek, moved to enter Closed Session. Upon roll call: Ayes: Nays: Hoefert, Juracek, Korn, Matuszak, Polit, Zadel None Motion carried. The Village Board entered Closed Session at 9:54 p.m. ADJOURN The Village Board reconvened in Open Session at 11 :00 p.m.; there being no further business to discuss the November 18, 2008 Village Board meeting adjourned at 11:01 p.m. M. Lisa Angell Village Clerk 8 /l?c?#:?r;f 4<?o~cf. VILLAGE OF MOUNT PROSPECT, ILLINOIS In the Matter of 83 Bodywork and Studio 1840 S. Elmhurst Road Mount Prospect, IL 60056 ) ) ) ) ) Business License No. B 90 DECISION OF THE PRESIDENT AND BOARD OF TRUSTEES On November 5,2008 at 6:00 p.m., a hearing was held before the President and Board of Trustees of the Village of Mount Prospect on the appeal by the Licensee from the Notice of Revocation issued by Assistant Village Manager David Strahl on September 4, 2008. The Licensee was represented by Bradley E. Prendergast of 350 N. LaSalle Street, Suite 900, Chicago, IL 60654. The Village was represented by Everette M. Hill, Jr. of Klein, Thorpe and Jenkins, 20 N. Wacker Drive, Suite 1660, Chicago, IL 60602. It was stipulated by the parties that no new evidence would be taken pursuant to the appeal, but that the appea1 hearing before the President and Board of Trustees would be on the record produced at the evidentiary hearing before David Strahl. As part of the stipulation, four exhibits were entered into the record as follows: 1. Original Notice of Revocation issued on July 24, 2008 by Village Manager, Michael E. Janonis. 2. Transcript of the evidentiary hearing before David Strahl on September 2, 2008. 3. Notice of Revocation, including Order, issued by David Strahl on September 4, 2008. iManage:223464 _1 4. Appeal letter of Bradley E. Prendergast dated September 10, 2008. The President and Board of Trustees hereby: 1. Adopt the Findings and Order of the Notice of Revocation issued by David Strahl on September 4, 2008 in its entirety except as modified as to the effective date of the revocation pursuant to this Order. 2. Find that David Strahl, as Assistant Village Manager, had full authority to conduct the evidentiary hearing and to issue his Order pursuant to that hearing. 3. Order that pursuant to this Decision of the President and Board of Trustees, Mount Prospect Business License No. B90 is hereby revoked, effective November 20,2008 at 12:01 a.m. 4. This Decision and Order is a final and conclusive administrative decision. DATED: ,2008 iManage:223464_1 Irvana K. Wilks, Mayor _~,_"_h'''' _.~_.,~ '___',_. ",~_'"_""""~~.'h___.~"'" '. l .. . Use the P-5 Nominating Petition form as it comes from the State Board of Elections. . Fill in the date of February 24, 2009 for the primary election. The filing period is December 8 - 15th. . . Contrary to prior instructions, do not cross out the references to Primary. . If previously circulated nominating petitions contain information contrary to these instructions, the petitions may be subject to challenge. We are told by the State Board that it is improper to make any changes in the nominating petitions (other than to strike names) once circulation has commenced with respect to that petition. ;'... · This petition must contain the primary date (February 24, 2009) and be filed during the primary filing window (December 8 - 15th) even if no primary is eventually held. . There are three trustee openings in this election. If more than four persons file for each open position, a primary must be held. . A primary will be held for Village President only if more than four persons file for a ballot position. · If twelve or fewer persons (for trustee) file and if four or fewer '(for Village President) file, no primary will be held. In such an instance, your P-5 nominating petitions will suffice to place you on the ballot for the April 7, 2009 consolidated municipal election. · You will need not fewer than seventy valid signatures for your nominating petitions. (Since pursuant to the statute, a primary is a possibility (even though not a probability), the signature requirement is one percent of the number of voters casting a ballot in the last mayoral election. 6,993 persons voted in the 2005 mayoral election) · Again, we must use this primary form (P-5) even if no primary is eventually held. This is because the clerk will not know if a primary is necessary until the close of the filing window (December 8 - December 15th). Again, a primary for trustee must be held if more than four persons file for each open position. A primary for Village President is required if five persons file for that office. · We apologize for the confusion and inconvenience with respect to this matter. The State Board of Elections changed the nominating forms this year. In the past, we have followed the instructions and advice of the State Board. We circulated this year's instructions based on past advice. The advice contained in this memo has been discussed with both the Board of Elections and our attorneys. If you have any questions, please call Lisa Angell at 847-818-5333 or Everette Hill at 312-984-6420.