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HomeMy WebLinkAbout2. VB Minutes 04/17/2012MINUTES OF THE REGULAR MEETING OF THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT April 17, 2012 CALL TO ORDER ROLL CALL PLEDGE INVOCATION MINUTES Mayor Wilks called the meeting to order at 7:07 p.m. Present: Mayor Irvana Wilks Trustee Paul Hoefert Trustee Arlene Juracek Trustee John Korn Trustee John Matuszak Trustee Steven Polit Trustee Michael Zadel PLEDGE OF ALLEGIANCE Trustee Hoefert led the Pledge of Allegiance. INVOCATION Trustee Matuszak gave the Invocation. MINUTES Trustee Korn, seconded by Trustee Juracek, moved to approve the minutes of the regular Village Board meeting held April 3, 2012. Upon roll call: Ayes: Hoefert, Juracek, Korn, Matuszak, Polit Nays: None Abstain: Zadel Motion carried. FINANCIAL REPORT APPROVE BILLS & APPROVE BILLS Mayor Wilks stated the next item on the agenda, "MONTHLY 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'S REPORT MAYOR'S REPORT A. Proclamations Mayor Wilks stated proclamations recognizing Days of Remembrance, Week of the Young Child and Arbor Day would be presented. Trustee Matuszak read: "Days of Remembrance, April 15 -21, 2012" Mayor Wilks presented the proclamation to Mount Prospect resident, Dr. Richard Benkin. Dr. Benkin stated he was proud the Village of Mount Prospect stands against the Holocaust and thanked the Mayor and Village Board for the proclamation; he will be sharing the proclamation with the Holocaust organization in Washington D. C. Dr. Benkin presented his book, "Quiet Case of Ethnic Cleansing: the Murder of Bangladesh's Hindus," to Mayor Wilks. Trustee Zadel read: "Week of the Young Child, April 22 — 28, 2012" Mayor Wilks presented the proclamation to Mount Prospect Child Care Center, Inc. Executive Director Mr. Michael Davey. Mr. Davey thanked the Mayor and Village Board for recognizing the importance of early childhood education. He provided an overview of activities to be held and invited the Mayor and Village Board as well as the community to stop by during the Center's Open House. Trustee Juracek read: "Arbor Day, April 27, 2012" Mayor Wilks presented the proclamation to Public Works Director Sean Dorsey. Minutes of the Regular Meeting of the Mount Prospect Page 1 of 8 Mayor and Board of Trustees April 17, 2012 of the Village of Mount Prospect Mr. Dorsey thanked the Mayor and Village Board for their support of the Village's forestry program and extended an invitation to the Arbor Day celebration and tree planting Friday, April 27 at St. Paul Lutheran School. Mr. Dorsey also noted the Village was the recipient of both the Tree City USA and Growth awards. The awards recognize the Village for excellence in urban forestry and public education. At the request of Village Manager Janonis, Mr. Dorsey provided a status report on the MWRD interceptor sewer repair and related lane closures /traffic issues at Algonquin Road and Busse Road. The MWRD had indicated repair to the interceptor sewer would be completed this evening; however, the recent heavy rainfall created a cavity under the northbound lane of Busse Road. Due to safety concerns, IDOT approved closure of the remaining northbound lane; the cavity must be filled and pavement replaced before lane is reopened. If all goes well the work should be completed within one (1) week. The extended closure and detour has created additional traffic issues; Mount Prospect police are on -site to assist. In response to questions from the Village Board Mr. Dorsey stated the media including traffic stations have been alerted as well as the bus company and businesses. He stated the southbound lane remains open allowing access to all businesses. APPOINTMENTS APPOINTMENTS None. CITIZENS TO BE COMMUNICATIONS AND PETITIONS — CITIZENS TO BE HEARD HEARD Ms. Panorea Batukis Robert Morris College Arlington Heights Campus Ms. Batukis stated Robert Morris College had recently opened its tenth (10 campus in Arlington Heights. She highlighted the benefits of a Robert Morris education and the freshman grant program available to working adults. CONSENT AGENDA CONSENT AGENDA Trustee Hoefert, seconded by Trustee Polit, moved to approve the following business items: FINANCIAL REPORT 1. Monthly Financial Report — March 2012 & BILLS 2. Bills dated March 1 — March 14, 2012 3. Bills dated March 29 —April 11, 2012 4. A RESOLUTION APPROVING A PLAT OF EASEMENT VACATION AND PLAT OF RES NO. 09 -12 EASEMENT DEDICATION FOR PROPERTY LOCATED AT 1601 SOUTH BUSSE ROAD Upon roll call: Ayes: Hoefert, Juracek, Korn, Matuszak, Polit, Zadel Nays: None Motion carried. OLD BUSINESS OLD BUSINESS A. PZ- 32 -11, 1108 North Elmhurst Road, Linda Davis PZ- 32 -11, Mayor Wilks presented for a second (2nd) reading an ordinance to grant variations for property 1108 NORTH located at 1108 North Elmhurst Road. This ordinance grants variations for floor area and lot ELMHURST ROAD coverage for property located at 1108 North Elmhurst Road. The Planning and Zoning Commission recommended by a vote of 6 -0 to deny the request; adoption of the ordinance requires a super majority vote for approval. At the March 6, 2012 Village Board meeting the Village Board granted the petitioner thirty (30) days to contact the property owner(s) adjacent to the Davis property (north and south) for the purpose of purchasing one of the properties. Minutes of the Regular Meeting of the Mount Prospect Page 2 of 8 Mayor and Board of Trustees April 17, 2012 of the Village of Mount Prospect Deputy Community Development Director Brian Simmons stated the petitioner notified the Village last week they had yet to make contact with the owners of the property to the north and south of their property. No additional information has been submitted by the petitioner and neither Mr.or Mrs. Davis were in attendance. Mr. Simmons stated the purchase of the additional property (north or south of the subject property) would need to be made and the existing structure demolished in order for the requester to keep the addition. Petitioner needs an additional 13,000 square feet for the addition to meet Village Code. Village Manager Janonis stated in anticipation of there being no progress made in acquiring the additional property, he discussed the course of action with the Village Attorney. If the Village Board does not grant the requested variations the Village staff will take the following steps: 1) Send notice to the Petitioner that they have 90 days to remove the illegal structure. 2) If Petitioner fails to comply — petitioner will be ticketed on a daily basis; adjudication process. 3) No resolution through adjudication process case will proceed through Circuit Court to obtain injunction. If Petitioner is making progress in obtaining the additional property; Village will take appropriate steps to work with petitioner. Trustee Hoefert, seconded by Trustee Zadel, moved to approve An Ordinance Granting Variations for Property Located at 1108 North Elmhurst Road. Upon roll call: Ayes: None Nays: Hoefert, Juracek, Korn, Matuszak, Polit, Zadel Motion failed. AMEND CHAPTERS B. 2 nd reading of An Ordinance Amending Chapters 11 and 23 and Appendix A, Divisions II 11 AND 23 AND and III, of the Village Code Regarding Massage Establishments. APPENDIX A Mayor Wilks presented for a second (2 reading an ordinance amending Chapters 11 and 23 and Appendix A, Divisions II and III, of the Village Code regarding massage establishments. This ordinance establishes reasonable and sensitive regulations regarding the location and time limits of roadside memorials honoring the loss of life. Assistant Village Manager Dave Strahl presented an overview of the discussions staff had with local massage therapists and a representative from the Professional Massage Therapists Association. The dialogue between staff and the massage therapists facilitated the revisions which better define appropriate regulatory standards for the Village. The revisions include (1) removal of the economic hurdle by lowering the licensing fee; initial fee from $1,000 to $250 (2) better coordination of State licensing regulations in relation to the Village's desire to ensure qualified massage therapists actually operate such business establishments and (3) clearer language regarding patrons under 18 years of age. The proposed ordinance is more comprehensive and sensitive to legitimate massage operations; illustrating a cooperative process. Mr. Strahl requested the Village Board consider amending the proposed ordinance as the language is redundant; already in the State Statute. (Massage therapists support the revision.) Section 11.3919: Massage Establishment License Delete the last sentence of this section: SuGh "Dense shall also not b F° i Fe d o f Minutes of the Regular Meeting of the Mount Prospect Page 3 of 8 Mayor and Board of Trustees April 17, 2012 of the Village of Mount Prospect Trustee Juracek also noted a typographical error in Section 11.3919 and requested the following correction: Section 11.3919: Massage Establishment License Sixth (6th) line: Act, 225 ... delete the word phy siGian - therapist— insert the word physical therapist. Trustee Korn stated as part of his professional service as a barber, a head /neck massage is given at the end of a haircut; is his profession regulated by the ordinance. Mr. Strahl stated barbers are not regulated under this ordinance as the massage is ancillary to the license and they are not advertising as massage therapist. Ms. Tracy Smodilla, licensed massage therapist and representative of the licensed massage therapist association) 645 Aspen Bartlett Ms. Smodilla also responded to Trustee Korn's question, stating barbershops are regulated by State statute and exempt from massage therapy regulations. Ms. Smodilla acknowledged the outstanding work and cooperative efforts of Mr. Strahl, Police Chief John Dahlberg, Deputy Police Chief Mike Semkiu and Village Attorney George Wagner. The Village's willingness to work with the massage therapy association allowed the organization to share their concerns and gain a greater understanding of the Village's effort to regulate illegal activities. This cooperative effort was instrumental in developing language of an ordinance that works well for both the Village and the therapists. The process with (Mount Prospect) local government and the resulting ordinance is a model they hope to replicate with other communities. Village Board Comments • Acknowledged and thanked the therapists for working with the Village in a mutually beneficial manner. • Participation is critical; input and knowledge generates better product. • Government has limited knowledge about certain businesses; education process very important. -Unusual for regulators to be working with regulatees; can serve as a model of what can be done. -Village likes to do things the right way. Public Comment Ms. Lana May 300 South Edward Mount Prospect Therapist for fifteen (15) years. Thanked Village Board and staff for their work and cooperation. Ordinance will protect the community and the work of professional massage therapists. Ms. Heather Fitzgerald 2648 College Circle Schaumburg Massage therapist in Mount Prospect. Greatly appreciated the Village's cooperative approach to the concerns of their profession. Not all local governments respond in a manner that fosters positive communication and enhanced service to the community. Minutes of the Regular Meeting of the Mount Prospect Page 4 of 8 Mayor and Board of Trustees April 17, 2012 of the Village of Mount Prospect Trustee Hoefert, seconded by Trustee Polit, moved to approve Ordinance No. 6003: ORD 6003 AN ORDINANCE AMENDING CHAPTERS 11 AND 23 AND APPENDIX A, DIVSIONS II AND III, OF THE VILLAGE CODE REGARDING MASSAGE ESTABLISHMENTS Upon roll call: Ayes: Hoefert, Juracek, Korn, Matuszak, Polit, Zadel Nays: None Motion carried. NEW BUSINESS NEW BUSINESS A. 1 St reading of An Ordinance Reserving Volume Cap in Connection with Private Activity Bond RESERVE VOLUME Issues and Related Matters. CAP Mayor Wilks presented for a first (1 reading an ordinance reserving volume cap in connection with private activity bond issues and related matters. Village Manager Janonis provided background information stating the Village has a total of $5,145,865 of private activity bond volume cap it must reserve by April 30 or it will be transferred to the State of Illinois. The Village can choose to hold onto the volume cap after it is reserved until a project is identified. The cap may also be carried over for up to three (3) years depending on the type of project being considered. There are currently no local projects placing a request on the Village's volume cap. Village Manager Janonis stated in previous years, the Village has reserved its private activity bond cap when there are no local projects, and staff recommend the Village adopt the ordinance reserving the Village's private activity bond volume cap in 2012. Trustee Zadel, seconded by Trustee Korn, moved to waive the rule requiring two (2) readings of an ordinance. Upon roll call: Ayes: Hoefert, Juracek, Korn, Matuszak, Polit, Zadel Nays: None Motion carried. Trustee Korn, seconded by Trustee Polit, moved for approval of Ordinance No. 6004: ORD 6004 AN ORDINANCE RESERVING VOLUME CAP IN CONNECTION WITH PRIVATE ACTIVITY BOND ISSUES AND RELATED MATTERS Upon roll call: Ayes: Hoefert, Juracek, Korn, Matuszak, Polit, Zadel Nays: None Motion carried. AMEND CHAPTER B. 1 St reading An Ordinance Amending Chapter 18 of the Village Code of the 18 (TRAFFIC) Village of Mount Prospect regarding Roadside Memorials. OF THE VILLAGE CODE Mayor Wilks presented for a first (1 reading an ordinance amending Chapter 18 of the Village Code of the Village of Mount Prospect regarding roadside memorials. This ordinance establishes reasonable and sensitive regulations regarding the location and time limits of roadside memorials honoring the loss of life. Village Manager Janonis provided background information stating public discussion regarding the regulation of roadside memorials was held at the March 27 Committee of the Whole meeting. At that time there was support to establish reasonable regulations for the display of roadside memorials. The ordinance is not intended to penalize or prohibit commemorative memorials or displays but does establish some reasonable and sensitive guidelines regarding the location and time limits on such recognition efforts. Staff recommend approval of the ordinance. Minutes of the Regular Meeting of the Mount Prospect Page 5 of 8 Mayor and Board of Trustees April 17, 2012 of the Village of Mount Prospect In response to questions from the Village Board, Village Manager Janonis provided the following: • Definition of commemorative event /memorial in Village Code would include ribbons tied on trees /poles. • Location limited — some displays follow a procession (route to school, etc.); staff will work with people involved. ■90 day regulation — upon adoption of ordinance, staff will take note of what display are currently in place. -Memorials removed by Village will be held for reasonable amount time to be retrieved by owner(s) Village Board Comments -Staff will not be waiting with stop watch to remove displays /memorials. -Displays/memorials treated with utmost respect. Trustee Hoefert, seconded by Trustee Zadel, moved to waive the rule requiring two (2) readings of an ordinance. Upon roll call: Ayes: Hoefert, Juracek, Korn, Matuszak, Polit, Zadel Nays: None Motion carried. Trustee Hoefert, seconded by Trustee Zadel, moved for approval of Ordinance No. 6005: AN ORDINANCE AMENDING CHAPTER 18 OF THE VILLAGE CODE OF THE ORD 6005 VILLAGE OF MOUNT PROSPECT REGARDING ROADSIDE MEMORIALS Upon roll call: Ayes: Hoefert, Juracek, Korn, Matuszak, Polit, Zadel Nays: None Motion carried. RESULTS OF THE C. A Resolution Declaring the Results of a Binding Public Question to Determine Whether BINDING PUBLIC the Village Should Have the Authority to Arrange for the Supply of Electricity for its QUESTION Residential and Small Commercial Retail Customers Who Do Not Opt Out of Such a REGARDING THE Program, Which Question was On the March 20, 2012 General Primary Election Ballot SUPPLY OF ELECTRICITY Mayor Wilks presented a resolution declaring the results of a binding public question to determine whether the Village should have the authority to arrange for the supply of electricity for its residential and small commercial retail customers who do not opt out of such a program, which question was on the March 20, 2012 general primary election ballot. This resolution certifies the results of the binding public question to determine whether the Village of Mount Prospect should have the authority to arrange for the supply of electricity of its residential and small commercial retail customers who do not opt out of such a program. Mr. Strahl provided background information stating the resolution declares the results of the binding public question on the March 20, 2012 general election ballot regarding the supply of electricity. With the voters approval the Village is prepared to move forward with the aggregation process. 1) obtain Village Board approval to enter into a contract with a consultant to assist the Village in the electric aggregation process; 2) hold two (2) public hearings (scheduled for May 8th and 9 3) draft of Mount Prospect Plan of Operation and Governance (available for review by residents prior to the public hearings); 4) competitive electrical rate bid process and 5) agreement with provider. Mr. Strahl stated the process must be completed within a short time frame and comply with a number of state mandates. At the May 1, 2012 Village Board meeting staff will recommend the Village enter into a contract with an experienced consultant to assist in the aggregation process. This consultant has successfully worked with ten (10) other communities and has the expertise to facilitate the process within the limited timeframe. Minutes of the Regular Meeting of the Mount Prospect Page 6 of 8 Mayor and Board of Trustees April 17, 2012 of the Village of Mount Prospect In response to questions from the Village Board Mr. Strahl provided the following: -Village was not invited to participate in consortium of neighboring communities; Village is large enough that the economy of scale would be comparable to consortium allowing the Village to, secure favorable rates. -Consultant fees approximately $30,000; fee would be paid through customer rates. -Consultant sole source provider; good track record with multiple communities. -Agreement with successful bidder will need to be drafted and executed. Village Board Comments • Makes sense to go with consultant with expertise in electric aggregation. • Village in good position to obtain favorable rates; size of community and diversity of housing. • Sooner the Village moves forward in the process — sooner consumers will realize savings. • Support staff moving forward with experienced consultant; no RFP. Trustee Zadel, seconded by Trustee Juracek, moved for the approval Resolution No. 08 -12: A RESOLUTION DECLARING THE RESULTS OF A BINDING PUBLIC QUESTION TO DETERMINE WHETHER THE VILLAGE SHOULD HAVE THE AUTHORITY TO ARRANGE FOR THE SUPPLY OF ELECTRICITY FOR ITS RESIDENTIAL AND SMALL COMMERCIAL RETAIL CUSTOMERS WHO DO NOT OPT OUT OF SUCH A PROGRAM, WHICH QUESTION WAS ON THE MARCH 20, 2012 GENERAL PRIMARY BALLOT Upon roll call: Ayes: Hoefert, Juracek, Korn, Matuszak, Polit, Zadel Nays: None Motion carried. D. A Resolution Approving a Plat of Easement Vacation and Plat of Easement Dedication for property located at 1601 South Busse Road. Approved under the Consent Agenda. MANAGER'S VILLAGE MANAGER'S REPORT st REPORT Village Manager Janonis announced the first ever Irish Fest would be held Saturday, April 21 in the Chase Bank parking lot. This is a Mount Prospect Chamber of Commerce event with support from the Downtown Merchants Association. The event is from 3 — 11 pm; music /food /refreshments. He thanked Chase Bank for providing the space for the event. OTHER BUSINESS OTHER BUSINESS Mayor Wilks announced the Hampton Inn and Suites located at Randhurst Village is now open and is off to a very active start. Trustee Hoefert noted the following property maintenance issues: -Pot hole in drive way at Post Office; drive with drop -box -Dormant developments — some vacant properties lacks proper maintenance. -Blue tarps — used by banks to protect foreclosed properties with exposed roofs; the extended use of the blue tarp is unsightly and no effort is being made to correct problem. Village Manager Janonis stated staff spend a significant amount of time tracking down who is responsible for these properties; banks farm out to 3 rd party for management of property. Trustee Matuszak stated with the number of foreclosures there has been a significant increase in the number of properties in disrepair. He questioned whether the Village's inspection fee schedule is in line with the amount of time inspector's spend in the field and recommended there be future discussion regarding the impact of the foreclosures; property maintenance issues and staff time. Trustee Korn expressed his concern with the use of the blue tarps as an easy fix for the banks; would like to see the Village move forward and at least get the tarps removed. Minutes of the Regular Meeting of the Mount Prospect Page 7 of 8 Mayor and Board of Trustees April 17, 2012 of the Village of Mount Prospect Trustee Juracek stated staff is taking active measures to address the problem; in some cases placing liens on property. If there is a need to strengthen the code to gain compliance Village should proceed in that direction. Trustee Polit stated Illinois Senate Bill 16 passed in 2010 gave municipalities greater authority to enforce property maintenance standards of foreclosed properties. Village Manager Janonis stated staff utilizes the FOIA process to collect data on Village properties for interested buyers, banks and realtors. The process allows the Village to share this information with the interested party; outstanding debts including liens amounts and violations must be paid /cleared before the transfer stamp is issued. Trustee Matuszak stated this practice represents the positive side of FOIA. ADJOURN ADJOURN There being no further business to discuss Mayor Wilks asked for a motion to adjourn. Trustee Juracek, seconded by Trustee Zadel, moved to adjourn the meeting. Upon roll call: Ayes: Hoefert, Juracek, Korn, Matuszak, Polit, Zadel Nays: None Motion carried. The April 17, 2012 Village Board meeting adjourned at 8:40 p.m. M. Lisa Angell Village Clerk Minutes of the Regular Meeting of the Mount Prospect Page 8 of 8 Mayor and Board of Trustees April 17, 2012 of the Village of Mount Prospect