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HomeMy WebLinkAbout07/07/2009 VB minutes MINUTES OF THE REGULAR MEETING OF THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT July 7,2009 CALL TO ORDER Mayor Wilks called the meeting to order at 7:02 p.m. ROLL CALL Present: Mayor Irvana Wilks Trustee Arlene Juracek Trustee John Korn Trustee John Matuszak Trustee Steven Polit Trustee Michael ladel Absent: Trustee Paul Hoefert PLEDGE PLEDGE OF ALLEGIANCE Mayor Wilks led the Pledge of Allegiance. INVOCATION INVOCATION Trustee Matuszak gave the Invocation. MINUTES APPROVAL OF MINUTES Trustee ladel, seconded by Trustee Korn, moved to approve the minutes, of the regular meeting held June 2, 2009. To accurately reflect the action to be taken with the amendment to Chapter 1, Trustee Juracek stated the term "clarifies" should be used rather than "adds." The consensus of the Village Board was to make the following change to the meeting minutes: . 2nd Page - 3rd Paragraph - 151 sentence ... that specifically aGQ.s (insert) clarifies the responsibilities of the Local Liquor Commissioner to the office of Mayor Pro Tem, Chapter 1 of the Village Code. Upon roll call: Ayes: Nays: Juracek, Korn, Matuszak, Polit, ladel None Motion carried. Trustee ladel, seconded by Trustee Polit, moved to approve the minutes, of the regular meeting held June 16,2009. Upon roll call: Ayes: Nays: Abstain: Matuszak, Polit, ladel, Wilks None Juracek, Korn Motion carried. APPROVE BILLS APPROVE BILLS Mayor Wilks stated the next item on the agenda, "APPROVE BILLS" 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'S REPORT Mayor Wilks welcomed Mr. Keith Richards, Walmart Store Manager. Mr. Richards presented a $1,000 donation to assist with the furnishing of the Village's soon to open Community Connections Center. Mr. Richards stated Walmart is very community oriented and appreciates the opportunity to make positive contributions to the Village. Minutes of the Regular Meeting of the Mayor and Board of Trustees of the Village of Mount Prospect Page 10f 9 July 7, 2009 Human Services Director Nancy Morgan accepted the donation, and in thanking Mr. Richards she also acknowledged the other donations the Walmart store has made to the community. Mayor Wilks and the Village Board also thanked Mr. Richards and Walmart for their positive presence in the community. Mr. Richards stated the grand opening of the Walmart store will be August 5th. APPOINTMENTS APPOINTMENTS Mayor Wilks presented the following appointment and reappointments for Village Board approval: Economic Development Commission Appointment James Conroy Term expires July 2013 Reappointment Thomas (Skip) Robertson Term expires July 2013 Planning and Zoning Commission Reappointment Ronald Roberts Term expires July 2014 Community Relations Commission Appointment Kenneth Schmalzer Term expires May 2011 Reappointment Pankaj J. Parikh Term expires July 2012 Firefighters' Pension Board Reappointment Fire Chief Michael Figolah Term expires May 2012 Trustee Korn, seconded by Trustee Polit, moved to approve the appointments and reappointments as listed above. Upon roll call: Ayes: Juracek, Korn, Matuszak, Polit, Zadel Nays: None Motion carried. Mayor Wilks introduced Mr. Schmalzer and his family who were in attendance. Mr. Schmalzer stated he appreciated the opportunity to broaden his scope of service in the community and looked forward to serving on the Community Relations Commission. CITIZENS TO BE HEARD COMMUNICATIONS AND PETITIONS - CITIZENS TO BE HEARD Mr. Rich Benson 220 Autumn Lane Mr. Giuseppe Madia 224 Autumn Lane Mr. Benson addressed the Village Board regarding the exterior of the Menard's property; the property is adjacent to the Harvest Homes Subdivision. Mr. Benson stated the store has ignored the requests of the homeowners to address property maintenance issues. · Long history of problems with Menards - not responsive to resident concerns · Storm water drain - water not draining, pooling behind residential homes. Minutes of the Regular Meeting of the Mayor and Board of Trustees of the Village of Mount Prospect Page 20f 9 July 7, 2009 CONSENT AGENDA BILLS EVIDENCE LOCKERS OLD BUSINESS ORD 5748 NEW BUSINESS COOK COUNTY CLASS 6B TAX INCENTIVE · Breeding of mosquitoes - health hazard. · Dead shrubbery - do not maintain landscaping on a regular basis. · Plastic wrap in trees. · Notified Public Works and Health Division Mr. Madia requested the entire area adjacent to the residential properties be inspected to ensure Menard's landscape maintenance is performed. Village Manager Michael Janonis stated regular maintenance, including landscaping, of the property was a condition of Menard's Conditional Use permit. He indicated staff will make contact with the Corporate office to facilitate compliance by local store management. CONSENT AGENDA Trustee ladel, seconded by Trustee Juracek, moved to approve the following business items: 1. Bills dated June11-30, 2009 2. Request Village Board approval to accept State bid for the purchase of evidence lockers in an amount not to exceed $19,500. Upon roll call: Ayes: Nays: Juracek, Korn, Matuszak, Pol it, ladel None Motion carried. OLD BUSINESS Mayor Wilks presented for a 2nd reading an ordinance amending Chapter 1 (Village President) of the Village Code. Village Manager Janonis stated as a follow-up to the June 16th Village Board discussion he had reviewed the draft ordinance with Village Attorney Everette Hill. Mr. Hill believes inserting language to the Village Code to clarify, the Mayor Pro Tem also serves as the Liquor Commission is in the best interest of the Village. If there was a need to expedite a Liquor Hearing, having this function specified in the Village Code would be leave no questions as to the Mayor Pro Tem's authority. In response to questions regarding the Village Manager's authority to act in a situation(s) requiring immediate action, Village Manager Janonis stated, he would be able to proceed under the guidelines for suspension of the business license. It is the opinion of Mr. Hill that authorizing the Village Manager to assume any of the duties of the Liquor Commissioner may constitute a change in the Village's form of government. Therefore, Mr. Hill recommends adoption of the proposed ordinance; utilize the Village Manager's ability to suspend a business license if immediate action is necessary. Trustee Korn, seconded by Trustee Matuszak, moved for approval of Ordinance No. 5748: AN ORDINANCE AMENDING CHAPTER 1 (VILLAGE PRESIDENT) OF THE MOUNT PROSPECT VILLAGE CODE Upon roll call: Ayes: Nays: Juracek, Korn, Matuszak, Polit, ladel None Motion carried. NEW BUSINESS Mayor Wilks presented a resolution in support of Peterson Roofing, Inc., 603 East Kensington Road making application for Cook County Class 6b tax abatement. Community Development Director William Cooney stated Peterson Roofing is currently under construction for a 20,000 square foot office and warehouse building. Minutes of the Regular Meeting of the Mayor and Board of Trustees of the Village of Mount Prospect Page 30f 9 July 7, 2009 RES 36-09 PZ-11-09,1750 WEST CENTRAL ROAD, DASOM COMMUNITY CENTER MAP AMENDMENT AND CONDITIONAL USE PERMIT He stated the request is somewhat unique as it is being made after construction of the new building started. Although Cook County typically requires submittal of the Class 6b tax incentive prior to commencing construction, County Cook staff advised Mr. Peterson his request would be considered as long as the Village acknowledges discussion of this matter with Mr. Peterson prior to construction. Mr. Cooney stated, in 2008 he advised Mr. Peterson that the Village typically supports 6b requests, however, the actual application was only recently submitted. Mr. Jim Peterson, owner, addressed the Village Board; he stated the Village's support of the Class 6b tax incentive program was the main factor in his decision to relocate to Mount Prospect. Currently located in the Village of Arlington Heights, Peterson Roofing looks forward to relocating to the Village of Mount Prospect this fall. Villaae Board Discussion · Recognized Peterson Roofing for donating roof to the Central School House · Employees - approximately 40 · Not all residents support tax program but tax incentive request justified Trustee Zadel, seconded by Trustee Juracek, moved for approval of Resolution 36-09: A RESOLUTION IN SUPPORT OF PETERSON ROOFING, INC., 603 EAST KENSINGTON ROAD, MOUNT PROSPECT, ILLINOIS, MAKING APPLICATION FOR COOK COUNTY CLASS 6B TAX ABATEMENT Upon roll call: Ayes: Juracek, Korn, Matuszak, Polit, Zadel Nays: None Motion carried. PZ-11-09, 1750 West Central Road, Dasom Community Center Mayor Wilks presented for first (1st) readings; (1) an ordinance to amend the official zoning map of the Village of Mount Prospect and (2) an ordinance granting a Conditional Use permit for a community center at 1750 West Central Road. Community Development Director William Cooney provided background information and the recommendation of the Planning and Zoning Commission for approval of the request. The petitioner, Dasom Community Center, is seeking approval of a Map Amendment to rezone the property from 11 Limited Industrial to CR Conservative Recreation and approval of a Conditional Use for a community center. The proposal to rezone the property from 11 to CR meets the standards for a Map Amendment; the CR District is compatible with the surrounding uses and zoning within the general area of the property. The community center will be a not-for-profit organization that would serve the needs of the Asian-American community as well as the general public. The first floor of the building would be occupied with offices, a multi-purpose room, cultural classrooms, library, gym and an indoor parking garage. A recreational and cultural room would be located on the second floor of the southern portion of the building. Mr. Cooney reviewed the parking requirements and proposal to comply with the required 91 parking spaces. 94 parking spaces would be provided; 46 outdoor spaces and 48 indoor spaces. The indoor parking spaces would be double stacked by use of auto lifts only utilized during special events and operated by designated trained valets. The Planning and Zoning Commission recommended by a vote of 6-0 approval 1) Map Amendment to rezone from 11 Limited Industrial to CR Conservation Recreation and 2) a Conditional Use to operate a community center subject to compliance with all conditions including but not limited to state and local elevator codes and inspections applicable to the auto lifts and fire and building codes. Minutes of the Regular Meeting of the Mayor and Board of Trustees of the Village of Mount Prospect Page 40f 9 July 7, 2009 AMEND CHAPTER 18 (TRAFFIC) OF THE VILLAGE CODE ORD 5749 Mr. Cooney responded to questions from the Village Board regarding the rezoning of the property to CR (Recreation Conservation) and the auto lifts. The architect for the proposed project, Mr. Tony Ryan, MDM Architects, represented the petitioner and responded to questions from the Village Board. The Chairperson of the Dasom Building Committee and another member of the organization, Mr. Byung Park also responded to questions from the Village Board. The Building Chairperson provided additional background information for the Dasom Organization. Mr. Park responded to questions regarding the general use of the auto lifts. Mr. Park stated the lifts have been used successfully in other projects but was unaware of local use. Mr. Ryan stated the project would comply with all Village Codes and current plans meet the Village's requirements. Villaoe Board Comments/Discussion · Rezoning of property to CR- potential risk to petitioner; limits land usage if not developed as community center · Potential safety/reliability concerns with auto lifts - inadequate information · Financing of project - no apparent solid financial plan/budget that would ensure completion of project · Clarification of activities/services offered - long-term use · Additional information regarding organization/ownership · As the property owners they are responsible for property maintenance of the property exterior of building and landscape even prior to project construction. The Dasom representatives indicated Mr. David Lee, who was not in attendance is the sole owner of the Dasom organization. Mr. Lee is also the Pastor for the organization's church. To obtain additional information regarding the financing of the project and use of the building, Mayor Wilks asked that Mr. Lee attend the July 2151 Village Board meeting, for the second reading of the ordinances. Mayor Wilks presented for a first (151) reading an ordinance amending Chapter 18 (Traffic) of the Village Code. This ordinance amends Chapter 18, Section 2011 of "Schedule XI A- Two Hour Parking" and Section 2012 "Schedule XII A - Four Hour Parking" for municipal parking lot bounded by South Main Street (Elmhurst Road), West Busse Avenue and West Northwest Highway. Authorizes police enforcement of posted parking restrictions. The public parking lot provides local businesses with customer parking. Village Manager Janonis stated the public lot does not include the area owned by Heimbaugh. This area was not resurfaced for parking and is currently "roped" off to prevent access. The Village is working on a design to dress up the area and prevent motorists from parking on the non-surfaced area. Trustee Korn, seconded by Trustee Matuszak, moved to waive the rule requiring two (2) readings of an ordinance: Upon roll call: Ayes: Juracek, Korn, Matuszak, Polit, Zadel Nays: None Motion carried. Trustee Zadel, seconded by Trustee Juracek, moved for approval of Ordinance No. 5749: AN ORDINANCE AMENDING CHAPTER 18 (TRAFFIC) OF THE MOUNT PROSPECT VILLAGE CODE Minutes of the Regular Meeting of the Mayor and Board of Trustees of the Village of Mount Prospect Page 50f 9 July 7, 2009 VILLAGE MANAGER'S REPORT SEPARATE SANITARY SEWER BASIN 14 IMPROVEMENTS Upon roll call: Ayes: Nays: Juracek, Korn, Matuszak, Polit, Zadel None Motion carried. VILLAGE MANAGER'S REPORT A. Proposed Separate Sanitary Sewer Basin 14 Improvements. Deputy Public Works Director Sean Dorsey provided background information including staff's recommendation as well as Trustee Matuszak's recommendations for an alternative design program. In May of this year Public Works staff presented for discussion the causes and potential solutions to a sanitary sewer back-up problem in Basin 14. The cause of the back-up was attributed to an excessive amount of clear water entering the separate sanitary system during storm events via private plumbing in single-family homes. Staff suggested the most cost effective solution to this problem was to eliminate the sources of private sector inflow by removing direct footing tile connections and installing overhead sewers in private homes. At that time the Village Board indicated their support of the proposed program rather than a multi-million dollar project requiring the installation of new relief sewer line. Mr. Dorsey reviewed staff recommendations: · Participants cost - Village to reimburse up to 2/3 of the cost with a $12,000 cap per home. · Village initiate a Phase 1 Basin 14 overhead sewer installation and footing drain disconnection program funded to a level of $312,000. (Participation of 25-26 homes would significantly reduce the sewer-back for the entire Basin 14 area; estimated average cost $17,000 - $18,000.) · Village initiate a Village-wide overhead sewer and footing drain disconnection program - annual funding - $72,000. · Village code modification to specifically prohibit the installation of private property sewer backflow prevention or flood control devices. Mr. Dorsey also presented Trustee Matuszak's recommendations. · Staff to identify basins with high flow rates. · Balloon repayment to the Village upon the sale of the home. · Interest accrual on the principal at the rate of 3% per annum. · No loan forgiveness. · Program limited to basins with a high flow rate. Trustee Matuszak provided a more in-depth analysis of his proposals. Participants would be responsible for the entire cost; Village would provide loan payable upon sale of the home. Village loan program would assist participants who would be benefit from the program but may not be able to take on the additional expense. The general consensus of the Village Board was to move forward with the most cost- effective program; overhead installation and footing drain connection program. Discussion of the program focused on whether the cost to install overhead sewers and eliminate footing drain connections should be shared between the homeowners and the Village; shared cost split between Village and homeowner; Village loan to residents - cap on loan amount - interest rate. Villaae Board Discussion · MWRD - prohibits the use of back-flow prevention or flood control devises. [MWRD regulation made in 1970 - a number of homes constructed prior to 1970.] · Basin 14 exceeds MWRD flow rate - how many other basins are problematic [5 - 6 additional basins but Basin 14 is biggest problem due to the number of homes for Basin 14. · Village has some responsibility to pay portion of program · Village should pay greater portion of project - 25-26 homes can fix the problem for a number of homes in the area Minutes of the Regular Meeting of the Mayor and Board of Trustees of the Village of Mount Prospect Page 60f 9 July 7, 2009 · Recommendation for a 50/50 cost share - Village and homeowner · Support for 2/3 (Village) - 1/3 (homeowner) · Support $12,000 per home cap - homeowner responsible for additional costs/not eligible for Village loan. · Support for Trustee Matuszak's proposal · Public/private issue - 2/3 paid by Village - 1/3 by homeowner (1/3 -loan option) Mayor Wilks reviewed the options discussed and asked that a vote be taken for each: Trustee ladel, seconded by Trustee Juracek, moved to approve a 2/3 (Village share) - 1/3 (homeowner's share) spilt per home for the cost of the proposed separate sanitary sewer Basin 14 improvements. Upon roll call: Ayes: Nays: Motion carried Juracek, Matuszak, ladel Korn, Polit Trustee Polit, seconded by Trustee ladel, moved to approve a $12,000 cap per home for the cost of the proposed separate sanitary sewer Basin 14 improvements. Upon roll call: Ayes: Nays: Motion carried Juracek, Korn, Matuszak, Po lit, ladel None. Trustee ladel, seconded by Trustee Juracek, moved to approve staffs recommendation to limit the program to Basin 14 homeowners funded to a level of $312,000 in the 2010 budget. Upon roll call: Ayes: Nays: Motion carried. Juracek, Korn, Matuszak, Polit, ladel None. Village Manager Janonis summarized the two (2) program models presented by Trustee Juracek and Trustee Matuszak. Juracek Model (Village/homeowner split cost) 2/3 - 1/3 split 2/3 - paid by Village up to $12,000 - no repayment by homeowner 1/3 - homeowner - repayable loan form Village loan up to $6,000 payable at sale of home; 3% simple interest Matuszak Model (100% cost to homeowner) 2/3 - 1/3 split 2/3 - repayable loan from Village up to $12,000 (payable at sale of home - 3% simple interest) 1/3 homeowner Trustee Matuszak, seconded by Trustee Korn, moved to approve the "Matuszak" Model to cover the cost per home for the proposed separate sanitary sewer Basin 14 improvements. Upon roll call: Ayes: Nays: Motion failed. Korn, Matuszak Juracek, Polit, ladel Trustee ladel, seconded by Trustee Juracek, moved to approve the "Juracek" model to cover the cost per home for the proposed separate sanitary sewer Basin 14 improvements. Upon roll call: Ayes: Nays: Minutes of the Regular Meeting of the Mayor and Board of Trustees of the Village of Mount Prospect Juracek, ladel Korn, Matuszak, Po lit Page 70f 9 July 7, 2009 Motion failed. The Village Board continued discussion of the options to cover the cost per home for the proposed work/improvements to Basin 14. The option of a 50/50 split was revisited. In response to questions regarding where the additional funds would come from to pay for the program Village Manager Janonis stated the financial figures we need to be reviewed with Finance Director Dave Erb. It was also noted that the 25-26 homes suggested was a target number, staff believe significant improvements to Basin 14 could be achieved with fewer homes. Trustee Matuszak, seconded by Trustee Korn, moved for reconsideration of the 2/3 - 1/3 split to cover the cost per home for the proposed separate sanitary sewer Basin 14 improvements. Upon roll call: Ayes: Nays: Juracek, Korn, Matuszak, Polit ladel Motion carried. Trustee Po lit, seconded by Trustee Korn, moved to approve the Juracek model using a 50/50 split to cover the cost per home for the proposed separate sanitary sewer Basin 14 improvements. Trustee Matuszak indicated his lack of support for the motion and suggested modifications to the motion made by Trustee Po lit. Trustee Polit withdrew his motion using the Juracek model with a 50/50 spllit. Trustee Matuszak, seconded by Trustee Korn, moved to approve funding for the proposed separate sanitary sewer Basin 14 improvements with the following terms; $9,000 grant from Village to homeowner (nonrepayable); $9,000 Village loan to homeowner to be paid back to Village upon sale of the home; interest accrual on principal at rate of 3% per annum; $18,000 cap - additional costs to be borne by homeowner; Public Works will establish conditions to determine which homes will contribute the most to correcting problem. Upon roll call: Ayes: Nays: Juracek, Korn, Matuszak, Polit, ladel None Motion carried Village Manager Janonis stated the Village can work with the finances in support of the approved funding. B. Request Village Board approval to accept bid for breathing compressors in amount not to exceed $85,222. BREATHING COMPRESSORS Fire Chief Figolah was in attendance to respond to questions from the Village Board. The Village Board indicated the information provided in the memo was thorough; there were no questions. Upon roll call: Ayes: Nays: Juracek, Kom, Matuszak, Polit, ladel None Motion carried. Village Manager Janonis announced the following: · July Coffee with Council Saturday - July 11th, 9 a.m. - 11 :00 a.m. Community Center Minutes of the Regular Meeting of the Mayor and Board of Trustees of the Village of Mount Prospect Page Bof 9 July 7, 2009 OTHER BUSINESS OTHER BUSINESS Trustee Korn stated the Lions' Annual Fourth of July Fair was a success and he thanked all those who worked in support of the event including the Police, Fire and Public Works Departments. He stated that as always the money raised at the event will be used to support community activities and organizations. Trustee Polit thanked the members of the Youth Commission who volunteered their time to help with the Lions' Fair. CLOSED SESSION CLOSED SESSION Mayor Wilks asked for a motion to enter Closed Session to discuss the following item: REVIEW OF MINUTES 5 ILCS 120/2.06 (c)(21) - Discussion of minutes of meetings lawfully closed under this Act, whether for purposes of approval by the body of the minutes or semi- annual review of the minutes as mandated by Section 2.06. Trustee Zadel, seconded by Trustee Juracek, moved to meet in Closed Session to discuss Review of Minutes 5 ILCS 120/2.06 (c)(21). Upon roll call: Ayes: Juracek, Korn, Matuszak, Polit, Zadel Nays: None Motion carried. The Village Board entered Closed Session at 10:21 p.m. ADJOURN ADJOURN The Village Board reconvened in Open Session at 10:33 p.m.; there being no further business to discuss the July 7, 2009 Village Board meeting adjourned at 10:34 p.m. ~ ~ 7 ~'~<f<r~;fJf M. Lisa Angell ( Village Clerk Minutes of the Regular Meeting of the Mayor and Board of Trustees of the Village of Mount Prospect Page 90f 9 July 7, 2009