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Home My WebLink About03/16/2010 VB minutes MINUTES OF THE REGULAR MEETING OF THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT March 16, 2010 CALL TO ORDER ROLL CALL Mayor Wilks called the meeting to order at 7:04 p.m. Present: Mayor Irvana Wilks Trustee Paul Hoefert Trustee Arlene Juracek Trustee John Korn Trustee Steven Polit Trustee Michael ladel Absent: Trustee John Matuszak PLEDGE PLEDGE OF ALLEGIANCE Trustee Juracek led the Pledge of Allegiance. INVOCATION INVOCATION Trustee Korn gave the Invocation. MINUTES APPROVAL OF MINUTES Trustee Hoefert, seconded by Trustee ladel, moved to approve the minutes of the regular Village Board meeting held March 2, 2010. Upon roll call: Ayes: Hoefert, Korn, Pol it, ladel Nays: None Abstain: Juracek Motion carried. FINANCIAL REPORT MONTHLY FINANCIAL REPORT AND APPROVE BILLS & APPROVE BILLS Mayor Wilks stated the next item on the agenda, "FINANCIAL REPORT AND 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 Wilks stated item D. under the Manager's Report; Request Village Board approval to accept bid for Window Shades Package for Phase I Construction Projects in an amount not to exceed $36,000 was incorrect. The not to exceed amount should be $44,039 as described in the memo for this item. As this was on the Agenda as a consent item Mayor Wilks requested a motion to remove the item from the Consent Agenda for revision. Trustee Hoefert, seconded by Trustee Korn, moved for approval to remove Item D. Request Village Board approval to accept bid for Window Shadow Package for Phase I Construction Projects in an amount not to exceed $36,000. Upon roll call: Ayes: Nays: Hoefert, Korn, Juracek, Po lit, ladel None Motion carried. Village Manager Mike Janonis prciided background information stating the $36,000 amount was from an earlier estimated amount. The correct amount $44,039 was determined to be the lowest responsible bid. Trustee Hoefert, seconded by Trustee Korn, moved for approval to amend the request to reflect the lowest responsible bid of $44,039. Minutes of the Regular Meeting of the Mayor and Board of Trustees of the Village of Mount Prospect Page 1 of 6 March16,2010 MAYOR'S REPORT CITIZENS TO BE HEARD CONSENT AGENDA MONTHLY REPORT & APPROVE BILLS RES 08-10 RES 09-10 CONCRETE RESTORATION ASPHALT RESTORATION BRICK SEALING WINDOW SHADES THIRD-PARTY CLAIMS ADMINISTRATION OLD BUSINESS NEW BUSINESS PZ-03-10, 13 WESTGATE ROAD Upon roll call: Ayes: Nays: Hoefert, Korn, Juracek, Polit, Zadel None Motion carried. Trustee Hoefert, seconded by Trustee Korn, moved for approval to place the corrected Item D. Request Village Board approval to accept bid for Window Shadow Package for Phase I Construction Projects in an amount not to exceed $44,039 back on the Consent Agenda. Upon roll call: Ayes: Nays: Hoefert, Korn, Juracek, Polit, Zadel None Motion carried. MAYOR'S REPORT APPOINTMENTS There were no appointments. COMMUNICATIONS AND PETITIONS - CITIZENS TO BE HEARD There were no public comments. CONSENT AGENDA Trustee Korn, seconded by Trustee Polit, moved to approve the following business items: 1. Monthly Report - February 2010 2. Bills dated February 25, 2010 to March 10, 2010 3. A RESOLUTION APPROVING THE FIRST AMENDMENT TO THE VILLAGE OF MOUNT PROSPECT VEHICLE TOWING AND STORAGE CONTRACT WITH HILLSIDE TOWING 4. A RESOLUTION APPROVING EXECUTION OF AN INTERGOVERNMENTAL AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE COOK COUNTY EMERGENCY TELEPHONE SYSTEM BOARD (ETSB) 9-1-1 SYSTEM 5. Request Village Board approval to accept bid for the annual Concrete Restoration Program in an amount not to exceed $43,100. 6. Request Village Board approval to accept bid for the annual Asphalt Restoration Program in an amount not to exceed $45,200. 7. Request Village Board approval to accept bid for the annual Brick Pavers Sealing Program in an amount not to exceed $30,000. 8. Request Village Board approval to accept bid for Window Shades Package for Phase I Construction Project in an amount not to exceed $44,039. 9. Request Village Board approval for renewal of the annual service agreement for third-party claims administration for the year beginning January 1, 2010 and ending December 31,2010. Upon roll call: Ayes: Nays: Hoefert, Juracek, Korn, Polit, Zadel None Motion carried OLD BUSINESS None. NEW BUSINESS PZ-03-10, 13 Westgate Drive, Saldana Residence Mayor Wilks presented for a first (1st) reading an ordinance granting a variation for a side yard setback and variation for roof pitch for property located at 13 Westgate Drive. This ordinance grants a variation for side yard setback and variation for roof pitch for an accessory structure. The Planning and Zoning Commission recommended by a vote of 5-0 to deny the request; adoption of the ordinance requires a super majority vote for approval. Minutes of the Regular Meeting of the Mayor and Board of Trustees of the Village of Mount Prospect Page 2 of 6 March16,2010 Community Development Director William Cooney provided background information stating the Petitioner is seeking approval of a variation to the required side yard setback and roof pitch for a garage addition. The Petitioner constructed a 20.68' wide by 10.20' deep garage addition in the fall of 2009 without a permit. As constructed, the garage addition encroaches into the required side yard 2.65 feet and has a one to twelve (1:12) roof pitch. The Village Code requires a minimum five (5') foot setback and a three to twelve (3: 12) roof pitch for accessory structures. Mr. Cooney stated the garage addition does not comply with the Village Building Code nor the International Residential Code. The garage addition does not comply with the required footings, floor, header, bracing, structural ties, lumber fasteners and roof pitch. The Planning and Zoning Commission recommended by a vote of 5-0 to deny the request. Mr. Fred Saldana, Petitioner, presented additional information regarding the garage addition and responded to questions from the Village Board. · The drawings submitted with request did not illustrate the corner and lateral bracing that were installed during construction of the addition. · Documentation submitted demonstrates the addition does not harm the neighboring properties. · If the addition is brought up to building code requirements and asphalt floor of garage is replaced with concrete; COULD the request for setback and roof pitch variations be reconsidered? Villaae Board Discussion/Comments · Permitting process - Petitioner's awareness · Zoning requirements - important issue · Building codes - uniformly comply with industry standards · No hardship demonstrated · Variations run with the property not the structure. · Zoning requirements address safety issues. · Village Code sets standards for compliance throughout Village · If request is denied by the Village Board, Petitioner cannot apply for variation for one (1) year. · If Petitioner withdraws request; Petitioner can submit another request for variation for the garage, if needed. Mr. Cooney stated regardless of the Petitioner's decision to pursue or withdraw the request for variations, the garage must be taken down. Mr. Saldana will need to obtain a demolition permit from Cook County; once the structure is down he can review his options with Village staff. 2009 BUDGET AMENDMENT NUMBER 5 Indicating he understood his options, Mr. Saldana requested the Village Board hold the ordinance (request for variations), for a second (2nd) reading at the April 6, 2010 meeting. Mayor Wilks stated the second (2nd) reading of an ordinance granting a variation for a side yard setback and variation for roof pitch for property located at 13 Westgate Drive would be held at the April 6, 2010, Village Board meeting. She informed Mr. Saldana that if he decides to withdraw his request he may do so anytime prior to the April 6th meeting. Mayor Wilks presented for a first (1st) reading an ordinance making certain amendments to the Village Budget adopted for the fiscal year commencing January 1, 2009 - December 31, 2009. Finance Director Dave Erb stated this amendment, Budget Amendment Number Five (5), adjusts revenue projections by $3,200,869 and expenditures by $3,200,869. Amendments to the budget for both revenues and expenditures are made up of various adjustments related to the bond sale completed December 22,2009. Minutes of the Regular Meeting of the Mayor and Board of Trustees of the Village of Mount Prospect Page 3 of 6 March16,2010 Village Manager Janonis stated this amendment closes out the 2009 budget. Trustee Korn, seconded by Trustee Hoefert, moved to waive the rule requiring two (2) readings of an ordinance: Upon roll call: Ayes: Hoefert, Juracek, Korn, Pol it, ladel Nays: None Motion carried. Trustee Korn, seconded by Trustee Hoefert, moved for approval of Ordinance No. 5789: ORD 5789 AN ORDINANCE MAKING CERTAIN AMENDMENTS TO THE VILLAGE BUDGET ADOPTED FOR THE FISCAL YEAR COMMENCING JANUARY 1, 2009 - DECEMBER 31, 2009. Upon roll call: Ayes: Hoefert, Juracek, Korn, Po lit, ladel Nays: None Motion carried. 2010 BUDGET AMENDMENT NUMBER ONE Mayor Wilks presented for a first (1st) reading an ordinance making certain amendments to the Village Budget adopted for the fiscal year commencing January 1, 2010 - December 31, 2010. Finance Director Dave Erb stated this amendment increases the 2010 budget for expenditures by $3,390,144. Except for two (2) minor adjustments in operating accounts, amendments made to the General Fund are limited to items that are supported by a dedicated revenue source (donations or grants) or projects started, but not completed in the prior year. Amendments in other funds are for expenditures related to capital projects for building and infrastructure improvements, water and sewer system improvements and vehicles and equipment replacement. The most notable adjustment made to capital expenditure accounts was $1.2 million for Phase I related projects; weather delays in these projects as well as Fire Station #14 pushed completion into 2010. Additional adjustments included $598,000 (lift station stand-by generator) and $250,000 (emergency generator) for the Public Works facility; $370,000 (Public Works replacement vehicles) and $100,000 (Basin 14 overhead sewer project.) Village Manager Janonis stated the adjustments to the accounts were with funds already budgeted from the previous year. Villaoe Board Comments · Budgetary adjustments of this nature occurs every year. Trustee Korn, seconded by Trustee Polit, moved to waive the rule requiring two (2) readings of an ordinance: Upon roll call: Ayes: Hoefert, Juracek, Korn, Po lit, ladel Nays: None Motion carried. Trustee Korn, seconded by Trustee Polit, moved for approval of Ordinance No. 5790: ORD 5790 AN ORDINANCE MAKING CERTAIN AMENDMENTS TO THE VILLAGE BUDGET ADOPTED FOR THE FISCAL YEAR COMMENCING JANUARY 1, 2010- DECEMBER 31, 2010. Upon roll call: Ayes: Hoefert, Juracek, Korn, Po lit, ladel Nays: None Motion carried Minutes of the Regular Meeting of the Mayor and Board of Trustees of the Village of Mount Prospect Page 4 of 6 March16,2010 MANAGER'S REPORT VILLAGE MANAGER'S REPORT Village Manager Janonis stated all items under the Manager's report had been approved under the Consent Agenda. Community Announcements · March 2151_ Daylight Savings Time; turn clocks one hour ahead. OTHER BUSINESS OTHER BUSINESS Trustee Korn provided a summary of the local officials meeting with State Representative Mark Walker that he and Trustee Polit attended. State Representative Walker met with local officials to discuss their concerns regarding the proposed reduction in state income tax to the municipalities; 10% to 7%. If approved, the reduction would have a devastating impact on municipal budgets; $1.3 million short fall to Mount Prospect. Trustee Korn encouraged residents to contact their state representatives to let them know how the reduction would negatively impact the local economy. Trustee Korn also encouraged residents to complete and mail-in their completed 2010 Census forms. Village Manager Janonis stated the census information is important as the data determines how much federal funding municipalities receive. Trustee Juracek stated although she was unable to attend the March 2, 2010 Village Board meeting when the red light camera was discussed, she wanted to go on record as being opposed to the program. Trustee Zadel also stated for the record that he too was opposed to the red light camera program. Trustee Polit encouraged residents to take a few minutes to complete the Youth Commission Survey posted on the Village's web site. The brief survey will assist the Youth Commission in its mission. There was a brief discussion regarding the constitutionality of the state attempting to alter the income tax distributive agreement between the state and local governments. Assistant Village Manager Dave Strahl stated it did not appear the state's effort to alter the percentage of income tax returned to municipalities was unconstitutional; legislatively controlled. Assistant Village Manager Strahl added that the Northwest Municipal Conference is mobilizing to oppose the proposed reduction in income tax to municipalities. The message opposing such action is being heard in Springfield. CLOSED SESSION CLOSED SESSION Mayor Wilks asked for a motion to enter Closed Session for 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 Hoefert, seconded by Trustee Pol it, moved to meet in Closed Session to discuss PERSONNEL 5 ILCS 120/2 (c) (2). Upon roll call: Ayes: Nays: Hoefert, Juracek, Korn, Polit, Zadel None Motion carried. The Village Board entered Closed Session at 8:05 p.m. Minutes of the Regular Meeting of the Mayor and Board of Trustees of the Village of Mount Prospect Page 5 of 6 March16,2010 ADJOURN ADJOURN The Village Board reconvened in Open Session at 9:08 p.m.; there being no further business to discuss the March 16,2010 Village Board meeting adjourned at 9:09 p.m. '//4' ., .-77 7. ..... . _./ i'") , / /9-<. j< ,("> 1 "1 ...~.. c~ M. Lisa Angell ] Village Clerk Minutes of the Regular Meeting of the Mayor and Board of Trustees of the Village of Mount Prospect Page 6 of 6 March16,2010