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Home My WebLink About12/02/1986 VB minutes Z23 IHE.R.J~ULAR MEETING OF THE MINUTES OF ..... ~'~ MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT December 2, 1986 CALL TO ORDER 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 Ralph Arthur Trustee Gerald Farley Trustee Leo Floros Trustee Norma Murauskis Trustee Theodore Wattenberg Absent: Trustee Van Geem (arrived 5 minutes late) INVOCATION INVOCATION The invocation was given by Trustee Gerald Farley. APPROVE MINUTE APPROVAL OF MINUTES Trustee Wattenberg, seconded by Trustee Arthur, moved to approve the minutes of the regular meeting of the Mayor and Board of Trustees held November 18, 1986. '~ Upon roll call: Ayes: Arthur, Farley, Floros, Murauskis, Wattenberg Nays: None Absent: Van Geem Motion carried. !. APPROVAL OF BILLS APPROVE BILLS Trustee Floros, seconded by Trustee Farley moved to approve the following list of bills: General Fund $452,633 Revenue Sharing Fund 2,058 Motor Fuel Tax Fund 2,414 Community Development Block Grant Fund 5,789 Illinois Municipal Retirement Fund 16,402 Waterworks & Sewerage Fund 384,803 Parking System Revenue Fund 5,250 Risk Managenent Fund 46,105 Capital Improvement, Repl. or Repair Fund 23,582 Downtown Redevelopment Construction Fund 45 Flexcomp Trust Fund 3,882 Escrow Deposit Fund 3,280 Police Pension Fund 24,264 Firemens Pension Fund 17,490 $ 951,997 Upon roll call: Ayes: Arthur, Farley, Floros, Murauskis, Wattenberg Nays: None Pass: Van Geem Motion carried. COMMUNICATIONS AND PETITIONS - CITIZENS TO BE ~EARD None. MAYOR'S REPORT PROCLAMATION: Mayor Krause presented a Proclamation to Judy Bennett, LIBRARY President of the Mount Prospect Library Board, acknowledging the 10th Anniversary of the present building. APPOINTMENTS: Mayor Krause presented the following names for SIGN REVIEW consideration for the newly created Sign Review Board: · BOARD Warren Kostak Adalaide Thulin Harold Predovich (representing the Business Development and Redevelopment Commission) Thomas Borrelli (representing the Plan Commission) Trustee Farley, seconded by Trustee Arthur, moved to concur with the recommendation of the Mayor and appoint the following residents and/or businessmen to the Sign Review Board: Warren Kostak Term to expire 5/1/89 Adalaide Thulin Term to expire 5/1/88 Hal Predovich Term to expire 5/1/88 Tom Borrelli Term to expire 5/1/89 Upon roll call: Ayes: Arthur, Farley, Floros, Murauskis, Van Geem, Wattenberg Nays: None Motion carried. OLD BUSINESS ZBA 60-SU-86 ZBA 60-SU-85, Sporty Nine, Old Orchard Colony SPORTY NINE An Ordinance was presented for first reading that would OLD ORCHARD grant a special use in the nature of a planned unit COLONY COUNTRY development for the subject property. The attorneys for the Village and the petitioner stated that the Amendment to the existing Consent Decree was ready to be presented to the Village Board of review and will be distributed to the Village Board. The Ordinance will be presented December 16th for second reading, as well as a Resolution accepting the Amendment to the Consent Decree for the subject property. OLD ORCHARD A Resolution was presented that would acknowledge the "CIRCLE" agreed order for the Amendment to the Consent Decree for DEVELOPMENT: property commonly known as the circle within the Colony FREDIANI Country to be developed by Frediani Developers. This CONSENT DECREE matter was the subject of a Zoning Board of Appeals case earlier in the year and all areas of the Amendment were agreed to by the partles involved. RES.NO.40-86 Trustee Arthur, seconded by Trustee Wattenberg, moved for passage of Resolution No. 40-86 A RESOLUTION ACKNOWLEDGING AN AMENDMENT TO CONSENT DECREE FOR PROPERTY LOCATED WITHIN THE OLD ORCHARD COLONY (~REDIANI) Upon roll call: Ayes: Arthur, Farley, Flcros, Murauskis, Van Geem, Wattenberg Nays: None >lotion carried. Page 2 - Dece~ber ~, 1986 Also presented in conjunction;,~iti this property was a PL~D 13N Planned Unit ~evelopment plat~i:~bi~hlis required to be DE~CL~PMEN approved and recorded. PLAT Trustee Farley, seconded by TrQstee Arthur, moved to authorize the Mayor to s~gn and Clerk to attest her signature on the Plat of Planned Unit Development for the property known as the circle located within the Old Orchard Colony Country, to be developed by Frediani Developers. Upon roll call: Ayes: Arthur, Farley, Floros, Murauskis, Van, Geem, Wattenberg Nays: None Motion carried. ZBA 59-V-86, 701Candota Avenue ZBA 59-V-8 An Ordinance was presented for second reading that would 701CANDOT. grant a variation to permit a second garage and second driveway. The Zoning Board of Appeals recommended approval of the requests by a vote of 7-0. Trustee Floros, seconded by Trustee Arthur, moved for ORD.NO.372, passage of Ordinance No. 3720 AN ORDINANCE GRANTING A vARIATION FOR CERTAIN PROPERTY COMMONLY KNOWN AS 701 CANDOTA AVENUE Upon roll call: Ayes: Arthur, Farley, Floros, Van Geem, Wattenberg Nays: Murauskis Motion carried. ZBA 60-Z-86, 1740 W. Dempster ZBA 60-Z-8~ At the request of the petitioner, the second reading 1740 DEMPS[ of an Ordinance granting a special use to permit an automotive repair shop in a B-3 District was continued to the December 16th meeting, in order to allow sufficient time to prepare all the necessary documents. This Ordinance will be presented for second reading on December 16th. 718 Noah Terrace An Ordinance was presented for first reading that would REQUEST FO~ grant a modification from the Development Code requiring a MODIFICATI( sidewalk between the subject property and the property to FROM CH. 1( the east. The petitioner will execute a Covenant stating DEVELOPMEN9 that if at some time in the future the Village determines CODE: the sidewalk is needed then it will be installed. 718 NOAH T~ The Plan Commission recommended granting this request for modification from the Development Code by a vote of 5-2. At the request of the petitioner, Trustee Wattenberg, seconded by Trustee Farley, moved to waive the rule requiring two readings of an Ordinance. Upon roll call: Ayes: Arthur, Farley, Floros, Van Geem, Wattenberg Nays: Murauskis Motion carried. Trustee Murauskis, seconded by Trustee Floros, moved for ORD.NO.3721 passage of Ordinance No. 3721 AN ORDINANCE MODIFYING SECTIONS OF CHAPTER 16 ENTITLED " "' DEVELOP~ END CODE" OF THE VILLAGE OF MOUNT PROSPECT Upon roll all: Ayes: Arthur, Farley, Floros,,[urausk~s, '~ ' Van Geem, Wattenberg Nays: None Motion carrie~. ~£F.£CATION An Ordinance was presented for first reading that FROM DEVELOPMENT would grant a modification from the Development Code CODE: to eliminate the sidewalk in the front of property 211WESTGATE located at 211Westgate Road. It was noted that no home on that side of the street for the entire length of the street has sidewalks. The Plan Commission recommended granting this request by a vote of 7-0. This Ordinance will be presented December 16th for second reading. ABATEMENTS Two Ordinances were presented for second readings that would abate a part of the taxes levied for Corporate and Municipal Purposes and for General Obligation __ Bonds and Interest of Special Service Area No. 5 for the fiscal year beginning May 1, 1986 and ending April 30, 1987. Trustee Van Geem requested the Board to consider deferring these abatements, stating that if the Board approves proceeding with building a new Public Works Garage and the anticipated increase in other areas of the budget, including the garbage pickup, then' abatting taxes might lessen the increase if deferred to next year. There was discussion relative to deferring these abatements and proceedings as presented. ORD.NO.3722 Trustee Murauskis, seconded by Trustee Arthur, moved for passage of Ordinance No. 3722 AN ORDINANCE TO ABATE A PART OF THE TAXES LEVIED FOR CORPORATE AND MUNICIPAL PURPOSES OF THE VILLAGE OF MOUNT PROSPECT FOR THE FISCAL YEAR BEGINNING MAY 1, 1986 AND ENDING APRIL 30, 1987 Upon roll call: Ayes: Arthur, Floros, Murauskis, Krause Nays: Farley, Van Geem, Wattenberg Motion carried. ORD.NO.3723 Trustee Murauskis, seconded by Trustee Arthur, moved for passage of Ordinance No. 3723 AN ORDINANCE TO ABATE A PART OF THE TAXES LEVIED FOR GENERAL OBLIGATION BONDS AND INTEREST FUND PURPOSES OF SPECIAL SERVICE AREA NO. 5 OF THE VILLAGE OF MOUNT PROSPECT FOR THE FISCAL YEAR BEGINNING MAY 1, 1986 AND ENDING APRIL 30, 1987 Upon roll call: Ayes: Arthur, Farley, F!oros, Murauskis, Van Geem, Wattenberg Nays: None Motion carried. NEW BUSINESS ZBA 65-V-86 ZBA 65-V-86, 402 Prospect Manor 402 PROSPECT MANOR This case deals with a request for a variation to allow a detached garage to be located .72 feet from the side lot side, rather than the required 5 feet. The Zoning Board of Appeals recommended approving this request by a vote of 5-0. Trustee Arthur, seconded by Trustee Wattenberg, moved to concur with the recommendation of the Zoning Board of Appeals and grant the variation requested in ZBA 65-V-86. Upon roll call: Ayes: Arthur, Farley, F!oros, Murauskis, Van Geem, Wattenberg ~ays: None ~ ~_ ~ ' ' [,"l An Ordinance will be presented D~ce~6~r 16th for first 527 reading. An Ordinance was presented for~f~t reading that would MUNICIPAL establish a Municipal Use Tax in the Village. USE TAX Trustee Farley, seconded by Trustee Arthur, moved to waive the rule requiring two readings of an Ordinance. Upon roll call: Ayes: Arthur, Farley, Floros, Murauskis, Van Geem, Wattenberg Nays: None Motion carried. Trustee Farley, seconded by Trustee Arthur, moved for ORD.NO.37~ passage of Ordinance No. 3724 AN ORDINANCE IMPOSING A MUNICIPAL USE TAX IN THE VILLAGE OF MOUNT PROSPECT Upon roll call: Ayes: Arthur, Farley, Floros, Murauskis, Van Geem, Wattenberg Nays: None Motion carried. An Ordinance was presented for first reading that would TAX INCREM~ increase the amount of taxes in conjunction with Tax DISTRICT NC Increment Financing District No. 1. TAXES Trustee Floros, seconded by Trustee Murauskis, moved to waive the rule requiring two readings of an Ordinance. Upon roll call: Ayes: Arthur, Farley, Floros, Murauskis, Van Geem, Wattenberg Nays: None Motion carried. Trustee Floros, seconded by Trustee Van Geem, moved for passage of Ordinance No. 3725 ORD.NO.3725 AN ORDINANCE AUTHORIZING THE ALLOCATION OF THE INCREASE IN THE AGGREGATE AMOUNT OF TAXES PAID BY RETAILERS AND SERVICEMEN PURSUANT TO THE MUNICIPAL RETAILERS' OCCUPATION TAX ACT, THE MUNICIPAL SERVICE OCCUPATION TAX ACT, THE RETAILERS' OCCUPATION TAX ACT, THE USE TAX ACT, THE SERVICE USE TAX ACT AND THE SERVICE OCCUPATION TAX ACT ON BUSINESS TRANSACTIONS LOCATED WITHIN THE DISTRICT NO. 1 REDEVELOPMENT PROJECT AREA IN THE VILLAGE OF MOUNT PROSPECT, ILLINOIS, AND REPEALING ORDINANCE NO. 3619 Upon roll call: Ayes: Arthur, Farley, Floros, Murauskis, Van Geem, Wattenberg Nays: None Motion carried. A Resolution was presented that would authorize membership LIABILITY in the High-Level Excess Liability (insurance) Pool, INSURANCE referred to as "HELP". POOL (HELP Trustee Wattenberg stated that he was opposed to this action. Trustee Farley, seconded by Trustee Arthur, moved for RES.NO.41-8 passage of Resolution No. 41-86 AN 0RDI~ANCE A~THORIZING MEMBERSHIP IN THE HIGH-LEVEL EXCESS LIABILITY POOL Upon roll call: Ayes: Arthur, Farley, Floros, Murauskis, Van Geem, Wattenberg Nays: None A>~END CH.18: An Ordinance was presented that would amend TRAFFIC CODE Chapter 18, Traffic Code, to prohibit parking on the south side of Henry Street, between Owen and William Streets. This action is a result of requests by residents, due to traffic congestion around the Busse School. Trustee Farley, seconded by Trustee Floros, moved to waive the rule requiring two readings of an Ordinance. Upon roll call: Ayes: Arthur, Farley, Floros, Murauskis, Wattenberg Nays: Van Geem Motion carried. ORD.NO.3726 Trustee Farley, seconded by Trustee Arthur, moved for passage of Ordinance No. 3726 AN ORDINANCE AMENDING CHAPTER 18 (TRAFFIC CODE) OF THE VILLAGE Upon roll call: Ayes: Arthur, Farley, Floros, Murauskis, Van Geem, Wattenberg Nays: None Motion carried. STREET NAME An Ordinance was presented for first reading that AND NUMBERING would change two street names Hickory Avenue to CHANGES Helena Avenue and Central Avenue to Leonard Lane, as well as changing the existing house numbers to bring this area into conformance with the Village's numbering system. The area being the subject of this Ordinance is Lincoln and Douglas, annexed by the Village early in the year. Trustee Arthur, seconded by Trustee Wattenberg, moved to waive the rule requiring two readings of an Ordinance. Upon roll call: Ayes: Arthur, Farley, Floros, Murauskis, Van Geem, Wattenberg Nays: None Motion carried. Trustee Arthur, seconded by Trustee Wattenberg, moved ORD.NO.3727 for passage of Ordinance No. 3727 AN ORDINANCE RENUMBERING CERTAIN LOTS AND BUILDINGS AS WELL RENAMING CERTAIN STREETS IN THE VILLAGE OF MOUNT PROSPECT Upon roll call: Ayes: Arthur, Farley, Floros, Murauskis, Van Geem, Wattenberg Nays: None 5~otion carried. REQUEST FOR MODIFICATION A request from Rouse/Randhurst was presented for FROM DEVELOPMENT modification from the Development Code to eliminate CODE: sidewalks, parkway trees and lighting along the public ROUSE/RANDHURST right-of-ways along Euclid, Elmhurst and Kensington Roads. The Plan Commission considsred these requests and recommended: the petitioner be granted relief from the street lighting requirement, provided the petitioner establish a cash escrow or execute a Covenant guaranteeing installation of the lighting at such time as deemed necessary by the Village; that the petitioner be granted celief from the parkway tree requirement, provided the petitioner presents an 229 acceptable landscaping plan; an~, ~hat relief be grant~t temporarily from the requireme~i~ installed sidewalks, except at the northwest cornere~nd~hat the petitioner would be required to instalI.~li'~he~szdewalks at some future date if so directed by the Village. There was discussion on the recommendation of the Plan Commission as it relates to the sidewalk issue. Staff noted that Rouse/Randhurst had not agreed to the recommendation on the sidewalk issue and that discussion is still underway relative to that issue. It was the opinion of the Board that they could support the Plan CommisSion's recommendations as pertaining to the parkway trees and lighting, however, the petitioner should continue to work with staff and resolve the sidewalk issue. Trustee Floros, seconded by Trustee Arthur, moved to concur with the recommendation of the Plan Commission as it related to the lighting and parkway trees. Upon roll call: Ayes: Arthur, Farley, Floros, Murauskis, Van Geem, Wattenberg Nays: None Motion carried. The subject of the modification from the sidewalk requirement will be presented to the Village Board at the December 16th meeting. An Ordinance was presented that would authorize the TAX INCRE~ purchase of a vacant lot located at 114 South Elm Street, DISTRICT which property is designated as part of the Tax Increment LAND Financing Redevelopment District No. 1. The purchase ACQUISIT] price for the subject property is $39,500.00. 114 S. EL5 This Ordinance will be presented December 16th for second reading. A Resolution was presented that would authorize an AGREEMENT: Agreement between the Village and Commonwealth Edison, COM.ED. relative to use of an easement behind the Public Works Annex Building at 10 South Pine Street. Trustee Arthur, seconded by Trustee Farley, moved for RES.NO.42~ passage of Resolution No. 42-86 A RESOLUTION AUTHORIZING EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND COMMONWEALTH EDISON Upon roll call: Ayes: Arthur, Farley, Floros, Murauskis, Van Geem, Wattenberg Nays: None Motion carried. An Resolution was presented that would allocate funds for C.D.B.G. the Community Development Block Grant Entitlement Program FUNDS for 1986. Trustee Arthur, seconded by Trustee Farley, moved for RES.NO.43- passage of ResolUtion No. 43-86 A RESOLUTION APPROVING AN ADDITIONAL ALLOCATION OF THE FISCAL YEAR 1986 COMMUNITY DEVELOPMENT BLOCK GRANT ENTITLEMENT Upon roll call: Ayes: Arthur, Farley, Floros, Murausk!s, Van Geem, Wattenberg Nays: None Motion carried. ~k~L{iAL A Resolution ~as presented that would authorize the ~EVENUE FUNDS Village to enter into an Agreement with the Illinois Development Authority and transfer the VSllage's uncommitted allocation of Industrial Revenue Bonds of $3,947,500.00 to that Authority. RES.NO.44-86 Trustee Farley, seconded by Trustee Van Geem, moved for passage of Resolution No. 44-86 A RESOLUTION AUTHORIZING THE VILLAGE OF MOUNT PROSPECT TO ENTER INTO AN AGREEMENT BY AND BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE ILLINOIS DEVELOPMENT AUTHORITY WITH RESPECT TO THE ISSUANCE OF REVENUE BONDS BY THE AUTHORITY TO FINANCE INDUSTRIAL, COMMERCIAL AND MANUFACTURING PROJECTS IN ORDER TO PROMOTE ECONOMIC DEVELOPMENT THROUGHOUT THE STATE OF ILLINOIS Upon roll call: Ayes: Arthur, Farley, Floros, Murauskis, Van Geem, Wattenberg Nays: None Motion carried. VILLAGE MANAGER'S REPORT Acting Village Manager Michael E. Janonis presented the Manager's report. GEORGE & ALBERT During the past months the Village Board, meeting as a ROADWAY Committee of the Whole, discussed the possibility of IMPROVEMENTS creating a special service area for the purpose of financing roadway improvements for a portion of George SPECIAL SERVICE and Albert Streets, south of Central Road. AREA NO. 6 As a part of the discussion on this subject, it was noted that a survey had been sent to the residents of the subject area asking if they would be willing to finance this improvement on a 50/50 basis. The results of the survey showed a narrow majority in favor of the special service area. The following residents spoke on the subject: Resident, 318 S. Albert John Sibrava Charles Guthrie, 7000 E. Lincoln Donald Mallard, 205 S. Albert Mike Campbell, George Street Resident, 18 S. George Bob Peterson, 109 S. George Resident 210 S. George Resident 200 S. George Richard Doyle, 104 S. Albert Resident, 122 S. George There was considerable discussion on the subject, as to the need, the cause of the deterioration in the roadway, taking advantage of the low interests rates, etc. It was noted that the cost of the project and various legal requirements of creating a special service area -- will be discussed later in the meeting. Trustee Arthur, seconded by Trustee Wattenberg, moved to proceed with the various requirements involved with the creation of a special service area based on a cost shared program of 50/50. Upon ~oll call: Ayes: Arthur, Farley, Flcros, Murauskis, Wattenberg Nays: Van Gee~ >~otion carried. · £oadway improvements of a portion of George and Albert Streets: Allied Asphalt Paving I' $560,362.40 R.W. Dunteman Co. 635,271.69 K-Five Construction 648,860.30 Alliance Contractors 674,684.30 Higgins Asphalt Co. 700,054.32 Martam Construction 730,911.40 Asset fOrth in the specifications when these bids were advertsied, the Village has 120 days to award the contract. ,-- Trustee Wattenberg, seconded by Trustee Floros, moved to ALLIED ASr ! ' accept the recommendation of the administration and PAVING C( "' consulting engineer and accept the low bid submitted by Allied Asphalt Paving Company in the amount of $560,362.40, and with consulting engineers costs of design and development as well as construction engineering services of $110,000 for a total of $670,362.40. Upon roll call: Ayes: Arthur, Farley, Floros, Murauskis, Wattenberg Nays: Van Geem Motion carried. It was noted that an Ordinance will be presented for first reading at the December 16th meeting of the Village Board proposing the establishment of Special Service Area No. 6, which Ordinance will call for a Public Hearing, with the notice set forth to be mailed to the property owned involved. This Ordinance will be presented for 2nd reading at a Special Meeting of the Village Board scheduled for December 30th. The Public Hearing is Scheduled for January 20th, as part of the regular meeting of the Village Board. After the Public Hearing a petition signed by 51% of the electors within the proposed Special Service Area and a petition · signed by 51% of the owners of records can be filed with the Village Clerk within 60 days (March 21, 1987) objecting to the creation of the Special Service Area. If such petitions are received, then the issue will not proceed. Acting Manager Janonis presented a field change request FIELD CHANG for the Auto Care Center, 2000 South Elmhurst Road. The AUTO CARE Village Board had previously granted approval for this CENTER, center, along with variations for signs. The requested 2000 S.ELMH field change deals with the location of the vacuum stands, which were originally proposed to be located in front of the individual car wash stalls, however, it was determined that many people use the vacuum machines and not the car wash, therefore would block the stalls. The new location of the vacuum machines is proposed to be ~ the r~e~rr of the car wash stalls. Trustee Farley, seconded by Trustee Wattenberg, moved to ratify the field change granted by the Acting Village Manager as it pertains to the Auto Care Center. Upon roll call: Ayes: Arthur, Farley, Floros, Murauskis, Van Geem, Wattenberg Nays: None Motion carried. WA PELLA ST ~r. Janonis presented a request to authorize an REPAIRS expenditure to make certain r_pazrs to Wa Pella Street. The Village had contracted to have a portion of this street re-surfaced, however the re-surfacing effected residents Page 9 - December 2, 1986 driveways and the curbs. The S18,061.00 is requested to repair the problem areas. Mr. Janonis stated that the Village will pursue any possible action against the original contractor. EXPENDITURE Trustee Wattenberg, seconded by Trustee Farley, moved to authorize the emergency roadway repairs on a portion of Wa Pella at a cost not to exceed $18,061. Upon roll call: Ayes: Arthur, Farley, Floros, Murauskis, Van Geem, Wattenberg Nays: None Motion carried. ANY OTHER BUSINESS BUSSE ROAD The Busse Road Plat of Resubdivision was presented, PLAT OF this property is located approximately 800 feet north RESUBDIVISION of the Tollway on the west side of Busse Road. The subject property was annexed to the Village in the spring of 1986. Trustee Arthur, seconded by Trustee Wattenberg, moved authorize the Mayor to sign and Clerk to attest her signature on the Busse Road Plat of Resubdivision. Upon roll call: Ayes: Arthur, Farley, Floros, Murauskis, Van Gee~, Wattenberg Nays: None Motion carried. EXECUTIVE SESSION EXECUTIVE Trustee Arthur, seconded by Trustee Murauskis, moved to SESSION adjourn the meeting into Executive Session for the purpose of discussing litigation. Upon roll call: Ayes: Arthur, Farley, Floros, Murauskis, Van Geem, Wattenberg Nays: None Motion carried. The Village Board went into Executive Session at 10:57 P.M. RECONVENE The meeting was reconvened at 11:38 P.M. Present upon roll call: Mayor Krause Trustee Arthur Trustee Farley Trustee Floros Trustee Murauskis Trustee Van Geem Trustee Murauskis ADJOURN ADJOURN Trustee Murauskis, seconded by Trustee Arthur, moved to adjourn the meeting. -- Upon roll call: Ayes: Unanimous Motion carried. The meeting was adjourned at 11:40 P.M. Carol A. Fields Village Clerk