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HomeMy WebLinkAbout2. DRAFT MINUTES 11/03/2009 MINUTES OF THE REGULAR MEETING OF THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT November 3, 2009 CALL TO ORDER Mayor Wilks called the meeting to order at 7:04 p.m. ROLL CALL Present: Mayor Irvana Wilks Trustee Paul Hoefert Trustee Arlene Juracek Trustee John Korn Trustee John Matuszak Trustee Steven Pol it Trustee Michael Zadel PLEDGE PLEDGE OF ALLEGIANCE Mayor Wilks led the Pledge of Allegiance. INVOCATION INVOCATION Trustee Polit gave the Invocation. MINUTES APPROVAL OF MINUTES Trustee Hoefert, seconded by Trustee Zadel, moved to approve the minutes of the regular meeting held October 20, 2009. Upon roll call: Ayes: Nays: Hoefert, Juracek, Korn, Matuszak, Polit, Zadel None 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 presented the "United States Marine Week," November 8-14,2009 proclamation to Staff Sergeant Sublette, Marine recruiter at the Mount Prospect location. Staff Sergeant Sublette along with Mr. George Westwood, Marine Corps League Trustee, thanked the Mayor and Village Board for recognizing the United States Marine Corps and the men and women who currently or have served in the Marine Corps. Village personnel from Community Development, Finance, Human Services and the Village Manager's Office celebrating their quinquennial anniversaries were recognized. Mayor Wilks, Assistant Village Manager Dave Strahl and Finance Director Dave Erb presented each individual in attendance from their respective Department with a certificate or plaque denoting their years of service. Community Development William Cooney Mary Steggers Finance Adriana Carlile Human Services Nancy Morgan Rose Mary Meyer Years of Service 15 5 10 25 5 Minutes of the Regular Meeting of the Mayor and Board of Trustees of the Village of Mount Prospect Page 1 of 8 November 3, 2009 CITIZENS TO BE HEARD CONSENT AGENDA APPROVE BILLS PUBLIC IMPROVEMENTS, WALMART PUBLIC IMPROVEMENTS, THE EMERSON OLD BUSINESS BINDING REFERENDUM PUBLIC QUESTION ON THE BALLOT FOR THE FEBRUARY 2, 2010 Village Manager's Office Kimberly Dewis Maura EI Metennani 10 10 APPOINTMENTS None. COMMUNICATIONS AND PETITIONS - CITIZENS TO BE HEARD None. CONSENT AGENDA Trustee Zadel, seconded by Trustee Juracek, moved to approve the following business items: 1. Bills dated October 15 - 29, 2009 2. Request Village Board approval to accept Public Improvements at Walmart, 930 East Rand Road. Public and private improvements for the building expansion have been satisfactorily completed and staff recommend approval of this project. 3. Request Village Board approval to accept Public Improvements at The Emerson, 100 South Emerson Street, development project. Public and private improvements for the project have been satisfactorily completed and staff recommend approval of this project. Upon roll call: Ayes: Nays: Hoefert, Juracek, Korn, Matuszak, Pol it, ladel None Motion carried. OLD BUSINESS Mayor Wilks presented for a second (2nd) reading an ordinance establishing a binding referendum for the submission of a public question on the ballot for the February 2, 2010 election. Mayor Wilks read the referendum question as amended at the October 20, 2009 Village Board meeting. Mayor Wilks then called upon Village Attorney Everett Hill to elaborate on his memo of October 29, 2009 written in response to a question regarding the referendum to increase signature requirements of municipal candidates. Village Attorney Everette Hill addressed the issue of the election date(s) on which a referendum under Article VII of the Illinois Constitution to increase the signature requirements for municipal candidates may be placed on the ballot. Mr. Hill provided an analysis of Article VII of the Illinois Constitution which indicated, a referendum to increase the signature requirements for municipal candidates may be placed on the ballot at any "regular election" as defined by the Election Code, as long as the voters of the Village are going to the polls to cast a vote for a candidate for public office. Based on this analysis it was Mr. Hill's opinion that the referendum to increase the signature requirements for municipal candidates may be properly be placed on the ballot at any "regular election" as defined by the Election Code, provided that the voters of the Village of Mount Prospect are going to the polls to cast a voter for a candidate for public office. Trustee Hoefert, seconded by Trustee Zadel, moved for approval of an ordinance, as amended, establishing a binding referendum for the submission of a public questions on the ballot for February 2, 2010 election. Mayor Wilks reread the amended question and asked if there were additional comments or questions. Trustee Polit questioned the wording of the referendum specific to: 1) the use of the term "mayor" rather than "president 2) 1 % signature requirement Minutes of the Regular Meeting of the Mayor and Board of Trustees of the Village of Mount Prospect Page 2 of 8 November 3, 2009 3) non-partisan election - if voters say no to the referendum would the Village no longer have non-partisan elections? To address concerns with the amended question, Trustee Polit presented his suggestion for the referendum question for the Village Board's consideration: "Should the Village of Mount Prospect elect the president and board of trustees in a consolidated "non-partisan" election requiring no primary and nominating signatures not less than 1 % or greater than 3% of the number of registered voters in the last election?" Mr. Hill stated he would like to review the question before rendering a legal opinion but he did indicate that from his perspective the issue regarding non-partisan was not confusing. In addition, he stated the County Clerk sets the standards for the signature requirement. Before continuing discussion of Trustee Polit's suggested language, the following motion was made: Trustee Pol it, seconded by Trustee Matuszak, moved for approval to amend the proposed amended ordinance to read as follows: "Should the Village of Mount Prospect elect the president and board of trustees in a consolidated "non-partisan" election requiring no primary and nominating signatures not less than 1 % or greater than 3% of the number of registered voters in the last election?" Villaqe Board Discussion · Mount Prospect Village Code allows for use of the term "mayor" - designation of mayor should remain in the referendum question. · Board of Election will determine 1 %; county clerk will provide number to village clerk · suggested adding verbiage so candidates know above the 1 % are acceptable "signature requirement that is at least equal to 1 % .." · quest for clarity in question to voters; original question as proposed is very clear · remove language that states ... "continue its non-partisan system.." · non-partisan is key - lays out clear intent of question In response to Trustee Pol it's concern for candidate's going to Cook County for local election information, Mr. Hill stated the Village Clerk will have instructions/rules from Cook County. Mayor Wilks called for the vote on the amended ordinance presented by Trustee Po lit: Upon roll call: Ayes: Nays: Matuszak, Polit Hoefert, Juracek, Korn, Zadel Motion failed. In response to a question regarding the insertion of "at least equal to" to the amended ordinance, Mr. Hill recommended the inserted language read ... "but use a nominating signature requirement that is equal to at least 1 %" _.. Trustee Hoefert, seconded by Trustee Zadel, moved for approval to further amend the ordinance by inserting the following language... but use a nominating signature requirement that is equal to at least 1 %" Mayor Wilks called for the vote on the amendment to the proposed amended ordinance: Upon roll call: Ayes: Nays: Hoefert, Juracek, Korn, Zadel Matuszak, Pol it Motion carried. Mayor Wilks called for the vote to adopt the amended ordinance establishing a binding Minutes of the Regular Meeting of the Mayor and Board of Trustees of the Village of Mount Prospect Page 3 of 8 November 3, 2009 ORD 5767 NEW BUSINESS AMEND CHAPTER 5 (BOARDS AND COMMISSIONS) ORD 5768 Pl-27-09, SOUTH MOUNT PROSPECT SUB AREA PLAN ORDINANCE AMENDING 2007 COMPREHENSIVE PLAN referendum for the submission of a public question on the ballot for the February 2, 2010 primary election, proposition to read: "Should the Village of Mount Prospect continue its non-partisan system of electing its mayor and trustees; but use a nominating signature requirement that is equal to at least 1 % of the number of registered voters in the Village of Mount Prospect and require no primary election?" AN ORDINANCE ESTABLISHING A BINDING REFERENDUM FOR THE SUBMISSION OF A PUBLIC QUESTION ON THE BALLOT FOR THE FEBRUARY 2, 2010 ELECTION Upon roll call: Ayes: Nays: Hoefert, Korn, Wilks, ladel Juracek, Matuszak, Polit Motion carried. NEW BUSINESS Mayor Wilks presented for a first (1st) reading an ordinance amending Chapter 5 (Boards and Commissions) of the Village Code. This ordinance amends Article XVI, Chapter 5, of the Village Code regarding the composition of the Foreign Fire Insurance Tax Board. Fire Chief Mike Figolah provided background information stating the amendment to Chapter 5, Article XVI was necessitated by Public Act 96-505 that amended Section 11-10- 2 of the Illinois Municipal Code, 65 ILCS 5/11-10-2. In 2005 when the Foreign Fire Insurance Tax Board came into existence the state code required a five (5) member board. The amended state code now requires a seven (7) member board, consisting of the Fire Chief and six (6) members of the Fire Department. In response to a question from the Village Board, Fire Chief Figolah provided an overview of the board; function and use of funds. Trustee Hoefert, seconded by Trustee ladel, moved to waive the rule requiring two (2) readings of an ordinance: Upon roll call: Ayes: Nays: Hoefert, Juracek, Korn, Matuszak, Polit, ladel None Motion carried. Trustee Hoefert, seconded by Trustee ladel, moved for approval of Ordinance No. 5768: AN ORDINANCE AMENDING CHAPTER 5 (BOARDS AND COMMISSIONS) OF THE VILLAGE CODE OF MOUNT PROSPECT Upon roll call: Ayes: Nays: Hoefert, Juracek, Korn, Matuszak, Polit, ladel None Motion carried. PZ-27-09, South Mount Prospect Sub Area Plan Mayor Wilks presented for a first (1st) reading an ordinance amending the official Comprehensive Plan of the Village of Mount Prospect to include the south Mount Prospect sub-area plan. Ms. Clare O'Shea, Community Development Senior Planner provided background information and recommendations to approve the amendment to the Village's 2007 Comprehensive Plan. She stated, since the May 12, 2009 Committee meeting the sub- area plan was modified to address concerns from property owners and businesses located within the sub-area boundaries. Minutes of the Regular Meeting of the Mayor and Board of Trustees of the Village of Mount Prospect Page 4 of 8 November 3, 2009 Subject area generally bounded by 1-90 on the south, Des Plaines to the east, the ComEd Right-of-Way to the north and Arlington Heights to the west. South Mount Prospect is an important area and with the regional transportation projects it has the potential for growth; STAR line and the O'Hare Modernization Program and proposed full interchange at Interstate 90 and Elmhurst Road. These projects will make this area more attractive for global businesses and more accessible to the Interstate System and airport. Ms. O'Shea reviewed the data sources for the sub-area plan which included businesses, residents and other governmental units. She summarized the existing conditions report; utilities, transportation, jurisdictional control, zoning and land use. Goals and objectives were developed from those reports. The goals are formatted similar to the Comprehensive Plan; the objectives are specific to South Mount Prospect. In explaining staffs recommendations, Ms. O'Shea stated the plan focuses on three (3) long range planning concepts; business park, Algonquin/Busse/Dempster Commercial Center and the United Airlines Property Office Campus. Implementation of the plan is targeted for the next ten to fifteen (10-15) years. Strategies for meeting the plan's goals: related objective, responsible party, timing and type of strategy. Ms. O'Shea stated the Planning and Zoning Commission recommended approval of the South Mount Prospect Sub-Area Plan by a vote of 5-0. Villaae Board Discussion · Valid objectives based on extensive research and interactions with appropriate parties · Support revised plan - generic concepts; original plan too specific · Cook County has jurisdiction in majority of the area · Valued businesses in this area Ms. O'Shea and Public Works Director Glen Andler responded to questions regarding infrastructure in this area. Plan includes recommendation to conduct infrastructure study. Public Comments Mr. Alex Prochno Addison Building Materials 3201 South Busse Road, Arlington Heights · Addison Building Materials at present location since 1956 · Strong interest in remaining at this location . Has reviewed plan - concerned about financial impact plan will have on businesses in this area · Requested term "forced" be removed from language of plan in reference to annexation of this area into the Village of Mount Prospect; page 8 of plan. . 1st plan put fear in people wanting to maintain business in area In response to Mr. Prochno's concern with the term "forced" annexation, Community Development Director Bill Cooney explained the language in the plan was a reiteration of the state statute not a Village action plan. Inclusion of the state statue was provided to define the standards for annexation. Mr. Cooney also provided a brief summary of the forced annexation of this area that occurred several years ago; the area was successful in its effort to disconnect. Villaae Board Comments · Current Village Board cannot bind decision of future Village Board regarding voluntary or forced annexation. Minutes of the Regular Meeting of the Mayor and Board ofTrustees of the Village of Mount Prospect Page 5 of 8 November 3, 2009 PUBLIC TRANSPORTATION SYSTEM PLAN RES 40-09 VILLAGE MANAGER'S REPORT FACADE REBATE REIMBURSEMENT, 117 SOUTH EMERSON STREET · Need to base decision on what is best for the Village of Mount Prospect. · Distinction between annexation and eminent domain - forced annexation does not mean property/business would be taken over by municipality for another use. · Understand businesses concern with plan - important to have cooperative partnership between Village and businesses to move forward. · Businesses in sub-area important to Village of Mount Prospect. · If appropriated there are options for relocation - work with Village for successful relocation. Mayor Wilks stated the second (2nd) reading of the ordinance to amend the 2007 Comprehensive Plan would be held at the November 17, 2009 Village Board meeting. Mayor Wilks presented a resolution adopting the Village of Mount Prospect Public Transportation System Plan. Community Development Director Bill Cooney presented background information and staff's recommendation. Mr. Cooney stated the Community Development Department is recommending adoption of the proposed Public Transportation System Plan. Designed to provide a balanced public transportation system with safe and efficient movement of vehicles and pedestrians, support surrounding land development and enhance regional transportation facilities this plan was first (1st) presented to the Village Board at the May 12, 2009 Committee of the Whole meeting. In response to concerns expressed by the Village Board at that meeting regarding details of the proposed Station Area Plan, staff held open houses for surrounding businesses and residents. The feedback from the open houses was used by the Village's consultant team to revise the Station Area Plan. The revised Station Area Plan exhibit describes in general how much more growth the areas may support without showing conceptual details. The exhibit has been incorporated into the final document and the language in the plan has been modified to reflect the updated exhibit. Residents were encouraged to review the plan on the Village's web-site. Trustee Zadel, seconded by Trustee Juracek, moved for approval of Resolution No. 40-09: A RESOLUTION ADOPTING THE VILLAGE OF MOUNT PROSPECT PUBLIC TRANSPORTATION SYSTEM PLAN Upon roll call: Ayes: Hoefert, Juracek, Kom, Matuszak, Polit, Zadel Nays: None Motion carried. VILLAGE MANAGER'S REPORT A. Request Village Board approval for Fayade Rebate Reimbursement for Real Deals Home Decor, 117 South Emerson Street, in an amount not to exceed $11,000. Community Development Director Bill Cooney stated the item as listed on the agenda should be a request for Fayade Rebate Reimbursement for interior upgrades to Real Deals and exterior upgrades to the entire building which includes Michael's Restaurant and the UPS store in an amount not to exceed $6,000. Real Deals and the property owner, Mr. Anthony Nudo are both seeking reimbursement for expenses related to their project. Mr. Cooney reviewed the application process and responded to questions from the Village Board regarding program guidelines. He stated staff supports the request for reimbursement. Mr. Nudo and Ms. Karen Kort, Real Deals were both in attendance. Ms. Kort stated her business is currently located in Arlington Heights; she is a Mount Prospect resident and looks Minutes of the Regular Meeting of the Mayor and Board of Trustees of the Village of Mount Prospect Page 6 of 8 November 3, 2009 forward to relocating the store to Mount Prospect. Anticipates a November 1ih Grand Opening. Trustee Zadel, seconded by Trustee Polit, moved for approval of request for Facade Rebate Reimbursement for the building located at 117 South Emerson Street in an amount not to exceed $6,000. Upon roll call: Ayes: Nays: Hoefert, Juracek, Korn, Matuszak, Polit, Zadel None Motion carried. 2009/2010 ROAD SALT CONTRACT B. Request Village Board approval to accept State Bid for 2009/2010 road salt contract in an amount not to exceed $221,372; per ton cost $58.37. Public Works Director Glen Andler provided background information and staff's recommendation. Mr. Andler stated last year, in hopes of better pricing and delivery, the Village opted out of the Illinois Joint Purchasing Program. However, the Village found there were no advantages to bidding separately; costs were higher and delivery remained problematic. As a result, the Village decided to take advantage of the State bid for the 2009/2010 snow season. This year's rate, delivery included is $58.37 per ton; down from last year's per ton rate of $64.42. Anticipated salt usage for this snow season is estimated at 4,400 tons. Mr. Andler recommended the Village participate in the State of Illinois Joint Purchasing Program for road salt and enter into a contract with Morton International Inc. of Chicago, IL in an amount not to exceed $58.37 per ton. In response to questions from the Village Board Mr. Andler provided the following: · The Village currently has four (4) bins of salt; will place first order within the next couple of weeks. · 2010 budget includes plans for off-site salt storage facility; north end of Melas Park. Trustee Hoefert, seconded by Trustee Zadel, moved for approval of request to accept State bid for 2009/2010 road salt contract in an amount not to exceed $221,372; per ton cost $58.37. Upon roll call: Ayes: Nays: Hoefert, Juracek, Korn, Matuszak, Polit, Zadel None Motion carried. PHASE I PROJECT C. Request Village Board approval to accept State bid for furniture and proposal for FURNITURE installation of furniture for Phase I projects in an amount not to exceed $176,113.05. Fire Chief Mike Figolah provided background information and staff's recommendation. As the Phase I construction projects near completion staff initiated the purchasing process for appliances, equipment and furniture at 1) Fire Station #14, 2) Public Works facility and 3) Emergency Operations Center (EOC). Request for Proposals (RFP) for the procurement and installation of a majority of the furniture for the Phase I projects were solicited; three (3) state bid furniture packages were included in the RFP. As all items in the three packages were on state bid, the review of the proposals submitted focused on the cost of installation. Staff recommended awarding the furniture packages as follows: Business Office Systems in amount not to exceed $45,999.49 OEC Business Interiors in an amount not to exceed $110,495.56 Business Office Systems in an amount not to exceed $7,180 Minutes of the Regular Meeting of the Mayor and Board of Trustees of the Village of Mount Prospect Page 7 of 8 November 3, 2009 In addition, to these furniture packages, staff recommended award of a fourth (4th) furniture package not included in the RFP but also on the state bid; Krueger International. This package includes tables and chairs for Fire Station #14 and the EOC. The total for this package which includes installation is in an amount not to exceed $12,438. In response to questions from the Village Board Fire Chief Figolah provided the following: · RFP with specification for technical services will be going out to vendors soon. · Will work with Village Manager Janonis to arrange for the Village Board to tour Phase I project sites. Trustee Matuszak, seconded by Trustee Hoefert, moved for approval for furniture procurement and installation for the Phase I Projects in an amount not to exceed $176,113.05. Upon roll call: Ayes: Nays: Hoefert, Juracek, Korn, Matuszak, Polit, Zadel None Motion carried. Assistant Village Manager Strahl stated there were no items to report under Status. OTHER BUSINESS OTHER BUSINESS Trustee Korn encouraged residents to carefully review the property tax bill they recently received. He indicated some homeowners have already determined there is an error(s) in their bill. If a resident believes there may be an error he suggested the property owner go to their Township hall or the Cook County Courthouse in Skokie; there may be less of a wait at these locations than the Chicago office. CLOSED SESSION CLOSED SESSION Mayor Wilks asked for a motion to enter into Closed Session to discuss Review of Minutes 5 ILCS 120/2.06 (c) (21); Discussion of minutes of meetings lawfully closed under this Act, whether for purposes for approval by the body of the minutes or semi-annual review of the minutes as mandated by Section 2.06 and Personnel 5 ILCS 120/2 (c) (2); Collective negotiating matters between the public body and its employees or their representatives, or deliberations concerning salary schedules for one or more classes or employees. Trustee Zadel, seconded by Trustee Juracek, moved to meet in Closed Session to discuss Review of Meeting Minutes 51LCS 120/2.06 and Personnel 5 ILCS 120/2 (c) (2). Upon roll call: Ayes: Nays: Hoefert, Juracek, Korn, Matuszak, Pol it, Zadel None Motion carried. ADJOURN The Village Board entered Closed Session at 9:05 p.m. ADJOURN The Village reconvened in Open Session at 9:32 p.m.; there being no further business to discuss the November 3, 2009 Village Board meeting adjourned at 9:33 p.m. M. Lisa Angell Village Clerk Minutes of the Regular Meeting of the Mayor and Board of Trustees of the Village of Mount Prospect Page 8 of 8 November 3, 2009