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Home My WebLink About11/04/1987 VB minutes 237 MINUTES OF THE REGULAR MEETING OF THE I~YOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT November 4, 1987 CALL TO O~DER CALL TO ORDER Mayor Krause called the meeting to order at 7:30 P.M. ROLL CALL ROLL CALL Present upon roll call: Mayor Carolyn Krause Trustee Gerald Farley Trustee Leo Floros Trustee Norma Murauskis Trustee George Van Geem Trustee Theodore Wattenberg Absent: Trustee Arthur INVOCATION INVOCATION The invocation was given by Trustee Farley. APPROVE MINUTE~ APPROVAL OF MINUTES Trustee Wattenberg, seconded by Trustee Murauskis, moved to approve the minutes of the regular meeting of the Mayor and Board of Trustees held October 20, 1987. Upon roll call: Ayes: Farley, Floros, Murauskis, Van Geem, Wattenberg Nays: None Motion carried. APPROVAL OF BILLS Trustee Floros, seconded by Trustee Van Geem, APPROVE BILLS moved to approve the following list of bills: General Fund $ 394,432 Revenue Sharing Fund - Motor Fuel Tax Fund 44,686 Community Development Block Grant Fund 2,104 Illinois Municipal Retirement Fund 8,045 Waterworks & Sewerage Fund 282,922 Parking System Revenue Fund 1,569 Risk Management Fund 61,264 Downtown Redevelopment Const. 1987C P W Facility Construction Fund Series A Capital Improvement, Repl. or Repair Fund 21,384 P.W.'Facility Construction Fund Series B 10,619 Debt Service Funds 5,010 FlexComp Trust Fund - Escrow Deposit Fund 11,919 Police Pension Fund 26,981 Firemens Pension Fund 20,741 $891,676 Upon roll call: Ayes: Floros, Murauskis, Van Geem, Wattenberg Nays: None Motion carried. 238 CASE ~85-24229 COMMUNICATIONS AND PETITIONS - CITIZENS TO BE HEARD Trustee Wattenberg expressed his concern relative to the numerous continuances granted the case dealing with the assault on police officers which happened in 1985 and has not come to trial yet. A Resolution will be considered later in the meeting relative to this case. MAYOR'S REPORT PROCLAMATION: Mayor Krause proclaimed the week of November 16 - ARTS WEEK 22, 1987 as Arts Week in the Village. A representative of the Arts Council gave a brief outline of the upcoming activities. OLD BUSINESS PLAZA UNITED Plaza United, Busse Road between Algonquin Road and Dempster Street An Ordinance was presented for first reading that would grant a modification from the Development Code to permit a retention slope ratio of 4:1 rather than the required 6:1. This Ordinance will be presented November 17th for second reading. ZBA 67-V-87 ZBA 67-V-87, 1110 Oakwood 1110 OAKWOOD An Ordinance was presented for second reading that would grant a variation to permit a zero foot rear yard ~n order to allow an existing platform 14'X 32' on the rear property line. ORD.NO. 3862 Trustee Floros, seconded by Trustee Murauskis, moved for the passage of Ordinance No. 3862. AN ORDINANCE GRANTING A VARIATION FOR PROPERTY COMMONLY KNOWN AS 11010AKWOOD Upon roll call: Ayes: Farley, Floros, Murauskis, Wattenberg Nays: Van Geem Motion carried. FRANCIS CADILLAC:Francis Cadillac, West Rand Road MODIFICATION The Petitioner is requesting a modification from the FROM CH. 16 Development Code to permit the parkway in front of this auto dealership to be covered with asphalt, which is an existing condition but needs upgrading. The Plan Commission recommended denying this request by a vote of 5-3. This Ordinance wrll be presented November 17th for second reading. CASE #85-24229 A Resolution was presented encouraging prosecution of Case No. 85-24229, which case deals with the assault on police officers that to date has been continued 15 times since the incident 2 years ago. RES.NO. 28-87 Trustee Farley, seconded by Trustee Murauskis, moved for passage of Resolution No. 28-87 A RESOLUTION SEEKING AGGRESSIVE PROSECUTION OF CASE NO. 85-24229 IN THE THIRD MUNICIPAL DISTRICT COURT Upon roll call: Ayes: Arthur, Farley, Floros, Murauskis, Van Geem, Wattenberg Nays: None Motion carried.* *Trustee Arthur arrived during the Execution Session and cast his vote on this issue. 239 NEW BUSINESS Mayor Krause called to order a Public Hearing, called PUBLIC HEA~ pursuant to notice havin~ been mailed to the various ENLARGE SP5 parties and being published in the local newspaper, which SERVICE AR5 Public Hearing was to consider the enlargement of Special NO. 5 Service Area No. 5 to include the newly annexed areas. This Public Hearing was called to order at 7:53 P.M. John Gorski and Mrs Gahler, residents in the proposed area, requested additional information on this matter. The Mayor explained to those residents in the audience that Special Service Area No. 5 is a taxing district created to fund a portion of the costs involved with bringing Lake Michigan water to Mount Prospect. The rate of taxation is .29 per $100 Equalized Assessed Valuation. Mayor Krause also explained that the Public Hearing is the first step in this proposed enlargement process. Following this Public Hearing there will be a 60 day period in which the property owners in the subject area can sign petitions opposing their inclusion in Special Service Area No. 5. If 51% of the property owners involved sign petitions in opposition to their inclusion then the subject shall be considered failed and no further action will be taken to include their property in Special Service Area No. 5. Mayor Krause did stated that if these properties are not included in the Special Service Area, then the water rates for usage will be double the fee charged those within the Special Service Area. There being no further discussion, Mayor Krause declared the Public Hearing closed at 8:05 P.M. This matter will be considered at the January 5, 1988 meeting of the Village, following the 60 day waiting period. An Resolution was presented that would authorize an EASEMENT easement agreement between the Village and Northern AGREEMENT: Illinois Gas for an area located within the Brentwood NI-GAS Subdivision (Wolf & Kensington Roads). (BRENTWOOD Trustee Van Geem, seconded by Trustee Murauskis, moved for RES.NO. 29 passage of Resolution No. 29-87 A RESOLUTION AUTHORIZING EXECUTION OF AN EASEMENT AGREEMENT BETWEEN THE NORTHERN ILLINOIS GAS COMPANY AND THE VILLAGE OF MOUNT PROSPECT Upon roll call: Ayes: Farley, Floros, Murauskis, Van Geem, Wattenberg Nays: None Motion carried. Lake Center Plaza LAKE CENTE An Ordinance was presented for first reading that would PLAZA grant a modification from the Development Code to permit the ratio on the detention area of 4:1 rather than the required 6:1. The Plan Commission recommended granting this request by a vote of 8-0. At the request of the Petitioner, Trustee Floros, seconded by Trustee Wattenberg, moved to waive the rule requiring two readings of an Ordinance. Upon roll call: Ayes: Farley, Floros, Murauskis, Van Geem, Wattenberg Nays: None Motion carried. Page 3 , November 4, 1987 240 ORD.NO. 3863 Trustee Floros, seconded by Trustee Wattenberg, moved for passage of Ordinance No. 3863 AN ORDINANCE GRANTING A MODIFICATION FROM CHAPTER 16 (DEVELOPMENT CODE) FOR PROPERTY COMMONLY KNOWN AS LAKE CENTER PLAZA Upon roll call: Ayes: Farley, Floros, Murauskis, Van Geem, Wattenberg Nays: None Motion carried. LAKE CENTER The final Lake Center Plaza Plat of Subdivision was PLAZA PLAT OF presented for approval. The Plan Commission has SUBDIVISION reviewed this plat and recommended approval by a vote of 8-0. Trustee Van Geem, seconded by Trustee Wattenberg, moved to authorize the Mayor to sign and Clerk to attest her signature on the Lake Center Plaza Plat of Subdivision. Upon roll call: Ayes: Farley, Floros, Murauskis, Van Geem, Wattenberg Nays: None Motion carried. RAND/KENSINGTON An Ordinances were presented for first readings that IMPROVEMENT would comply with the requirements of the Illinois Department of Transportation, Highway Division, relative to the proposed improvement of Rand Road (U.S.Route 12 and Kensington Road). Trustee Farley, seconded by Trustee Wattenberg, moved to waive the rule requiring two readings of an Ordinance. Upon roll call: Ayes: Farley, Floros, Murauskis, Van Geem, Wattenberg Nays: None Motion carried. ORD.NO. 3864 Trustee Farley, seconded by Trustee Wattenberg, moved for passage of Ordinance No. 3864 AN ORDINANCE PROHIBITING THE DISCHARGE OF SANITARY AND INDUSTRIAL WASTE INTO ANY STORM SEWER OR DRAINAGE FACILITY CONSTRUCTED AS A PART OF THE U.S.ROUTE 12 (RAND ROAD) AT KENSINGTON ROAD IMPROVEMENT Upon roll call: Ayes: Farley, Floros, Murauskis, Van Geem, Wattenberg Nays: None Motion carried. Trustee Farley, seconded by Trustee Wattenberg, moved to waive the rule requiring two readings of an Ordinance. Upon roll call: Ayes: Farley, Floros, Murauskis, Van Geem, Wattenberg Nays: None Motion carried. Page 4 - November 4, 1987 241 Trustee Farley, seconded by Trustee Wattenberg, moved for ORD.NO. 386 passage of Ordinance No. 3865 AN ORDINANCE PROHIBITING ENCROACHMENTS WITHIN THE STATE OF ILLINOIS RIGHT-OF-WAY ALONG U.S.ROUTE 12 (RAND ROAD) AT KENSINGTON ROAD Upon roll call: Ayes: Farley, Floros, Murauskis, Van Geem, Wattenberg Nays: None Motion carried. A Resolution was presented that would authorize the MFT: appropriation of Motor Fuel Tax (MFT) Funds in the amount RAND & of $5,175.00 as the Village of Mount Prospect's share of KENSINGTON the improvement of Rand and Kensington Roads. IMPROVEMEN5 Trustee Farley, seconded by Trustee Wattenberg, moved for RES.NO. 30- passage of Resolution No. 30-87 A RESOLUTION AUTHORIZING APPROPRIATION OF MOTOR FUEL TAX FUNDS Upon roll call: Ayes: Farley, Floros, Murauskis, Van Geem, Wattenberg Nays: None Motion carried. An Ordinance was presented for first reading that would RECAPTURE authorize a recapture agreement between the Village and the AGREEMENT: developer of the Kathcon Subdivision (east side of Busse KATHCON SU£ Road at Bonita Avenue) relative to sanitary sewer main. At the request of the Petitioner, Trustee Floros, seconded by Trustee Farley, moved to waive the rule requiring two readings of an Ordinance. Upon roll call: Ayes: Farley, Floros, Murauskis, Van Geem, Wattenberg Nays: None Motion carried. Trustee Farley, seconded by Trustee Wattenberg, moved for ORD.NO. 39( passage of Ordinance No. 3966 AN ORDINANCE AUTHORIZING EXECUTION OF A RECAPTURE AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND GREGORY MILLER (KATHCON SUBDIVISION) Upon roll call: Ayes: Farley, Floros, Murauskis, Van Geem, Wattenberg Nays: None Motion carried. A Resolution was presented that would authorize the MFT: appropriate of Motor Fuel Tax (MFT) Funds. This GENERAL supplemental resolution, as required by IDOT, would MAINTENANC~ appropriate $200,000 in order to close out the 1985 General 1985 Maintenance Program account. Trustee Van Geem, seconded by Trustee Wattenberg, moved for RES.NO. 31- passage of Resolution No. 31-87 A RESOLUTION APPROPRIATING MOTOR FUEL TAX FUNDS (Close out 1985 General Maintenance Program) Upon roll call: Ayes: Farley, Floros, Murauskis, Van Geem, Wattenberg Nays: None Motion carried. 242 MFT: A Resolution was presented that would authorize the BRIARWOOD appropriate of Motor Fuel Tax (MFT) Funds in the amount BRIDGE of $2,000.00 to close out the account dealing with the Briarwood Bridge improvement. RES.NO. 32-87 Trustee Van Geem, seconded by Trustee Wattenberg, moved for passage of Resolution No. 32-87 A RESOLUTION AUTHORIZING APPROPRIATION OF MOTOR FUEL TAX FUNDS (Briarwood Bridge) Upon roll call: Ayes: Farley, Floros, Murauskis, Van Geem, Wattenberg Nays: None Motion carried. VILLAGE MANAGER'S REPORT BID: Village Manager John Fulton Dixon, presented the TIF - DEMOLISH following bid results for the demolition of the recently BUSSE FLORIST acquired property in the Tax Increment Financing District known as Busse Florist Property, located at the southeast corner of Elm Street and Evergreen. Bidder Amount Robinette Demolition $22,250 Alternate Bid* 500 J.F.Hauling Co., Inc. $25,000 Alternate Bid* 3,900 American Environmental Construction Co. $29,400 Alternate Bid* 5,000 *Remove excess dirt if it remains after Busse Florists vacate the premises. Trustee Wattenberg, seconded by Trustee Farley, moved to ROBINETTE concur with the recommendation of the administration and DEMOLITION CO. accept the low qualified bid submitted by Robinette Demolition in the amount of $22,250 with the $500 alternate bid, should the need arise, for the demolition and removal of the debris from Busse Florists building. Upon roll call: Ayes: Farley, Floros, Murauskis, Van Geem, Wattenberg Nays: None Motion carried. FIELD CHANGE: A request was submitted by Rouse/Randhurst Corporation ROUSE/RANDHURST for a field change in order to permit a canopy over the CANOPY main entrance/exit which was constructed in conjunction with the new Main Street Department store Trustee Wattenberg, seconded by Trustee Farley, moved to concur with the recommendation of the Village Manager and authorize the canopy over the entrance at Randhurst Shopping Center. Upon roll call: Ayes: Farley, Floros, Murauskis, Van Geem, Wattenberg Nays: None Motion carried. HINZ LITHO: A request by presented from Hinz Lithographics, west TIME EXTENSION Central Road, to authorize additional time to install the required landscaping at this site. Last year an Ordinance was passed granting a variation relative to side yard and loading dock area, which Ordinance requires the landscaping to be installed within one year. That period of time has elapsed, and due to the winter season, an extension of time is being requested. Page 6 - November 4, 1987 243 Village Manager Dixon stated that the Petitioner is willing to post a $7,000 letter of credit to guarantee the landscaping will be installed on a timely basis when weather permits. Trustee Farley, seconded by Trustee Wattenberg, moved to authorize the administration to accept the Letter of Credit from Hinz Litho and extend the period of time required for the installation of landscaping at this location for a period of one year. Upon roll call: Ayes: Farley, Floros, Murauskis, Van Geem, Wattenberg Nays: None Motion carried. Mr. Dixon presented a request to increase the funds HOPI LANE necessary to complete the Hopi Lane improvement. This IMPROVEMENT roadway was being improved when the August, 1987 flood occurred, which caused damage to the project. The administration attempted reimbursement through federal funding, but that request was denied. The administration has negotiated with the contractor on this project and the additional work will cost approximately $12,215.00. Trustee Farley, seconded by Trustee Wattenberg, moved to authorize an increase in the amount of $12,215.00 to complete the improvement of Hopi Lane. Upon roll call: Ayes: Farley, Floros, Murauskis, Van Geem, Wattenberg Nays: None Motion carried. Trustee Farley, seconded by Trustee Wattenberg, moved to ITEMS NOT bring up items not listed on the agenda, namely a LISTED ON request for a field change from the Opus Corporation, a AGENDA proposed amendment to the Busse Florists purchase agreement and funds for the bail fill program. Upon roll call: Ayes: Farley, Floros, Murauskis, Van Geem, Wattenberg Nays: None Motion carried. A representative of the Opus Corporation requested a field FIELD CHA5 change to permit a basement to be included in the new 4 OPUS COR~ story building proposed at the southwest corner of Kensington and Wolf Roads. The original plan did not include the basement, and if this request is granted, the roof mounted equipment would be re-located to the proposed additional 2,265 square foot basement and the change would not add height to the building, but actually reduce it inasmuch as the equipment area on the roof would be eliminated. Trustee Wattenberg, seconded by Trustee Farley, moved to authorize a field change for the Opus Corporation 4 story building as requested, and permit a basement to the proposed building plans provided the height of the building does not exceed what was previously approved. Upon roll call: Ayes: Farley, Floros, Murauskis, Van Geem, Wattenberg Nays: None Motion carried. Mr. Dixon presented an Ordinance that would amend the TIF: purchase contract between the Village and Harold Busse BUSSE FLOR~ (Busse Florists). AMEND CONT~ Pa e 7 - ~ovember 4 1987 244 Trustee Farley, seconded by Trustee Wattenberg, moved to waive the rule requiring two readings of an Ordinance. Upon roll call: Ayes: Farley, Floros, Murauskis, Van Geem, Wattenberg Nays: None Motion carried. ORD. NO.3867 Trustee Farley, seconded by Trustee Wattenberg, moved for passage of Ordinance No. 3867 AN ORDINANCE APPROVING FIRST AMENDMENT TO REAL ESTATE PURCHASE AGREEMENT FOR PROPERTY LOCATED AT THE SOUTHWEST CORNER OF ELM AND EVERGREEN, MOUNT PROSPECT, ILLINOIS Upon roll call: Ayes: Farley, Floros, Murauskis, Van Geem, Wattenberg Nays: None Motion carried. EXPENDITURE: Mr. Dixon presented a request from the Northwest BALE FILL Municipal Conference to contribute $5,000 towards the expenses involved in attempting to secure a bale fill site. Trustee Wattenberg, seconded by Trustee Murauskis, moved to concur with the recommendation of the administration and authorize the expenditure of $5,000 as the Village's contribution towards the Northwest Municipal Conference bale fill site program Upon roll call: Ayes: Farley, Floros, Murauskls, Van Geem, Wattenberg Nays: None Motion carried. ANY OTHER BUSINESS ELECTION A Resolution was presented that would declare the RESULTS results of the November 3, 1987 election. The Mount Prospect Public Library had two referendum questions on the ballot relative to increasing their taxation and whether the Library should construct an addition to the existing building. Both issues received the greatest number of votes denying both requests. RES.NO.33-87 Trustee Van Geem, seconded by Trustee Wattenberg, moved for passage of Resolution No. 33-87. A RESOLUTION DECLARING THE RESULTS OF THE GENERAL ELECTION HELD NOVEMBER 3, 1987 Upon roll call: Ayes: Farley, Floros, Murauskis, Van Geem, Wattenberg Nays: None Motion carried. EXECUTIVE EXECUTIVE SESSION SESSION Trustee Wattenberg, seconded by Trustee Floros, moved to go into an Executive Session for the purpose of discussing land acquisition. Upon roll call: Ayes: Farley, Floros, Murauskis, Van Geem, Wattenberg Nays: None Motion carried. 245 The Village Board went into Executive Session at 8:3] P.M. Mayor Krause reconvened the meeting at 9:51 P.M. Present upon roll call: Mayor Krause Trustee Arthur Trustee Farley Trustee Floros Trustee Murauskis Trustee Van Geem Trustee Wattenberg ADJOURNMENT ADJOURN Trustee Arthur, seconded by Trustee Van Geem, moved to adjourn the meeting. Upon roll call: Ayes: Unanimous Motion carried. The meeting was adjourned at 9:52 P.M. Carol A. Fields Village Clerk Page 9 - November 4, 1987