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HomeMy WebLinkAbout5. NEW BUSINESS 12/16/2003VWL 12/09f03 RESOLUTION NO. A RESOLUTION AUTHORIZING PAYMENT TO THE MOUNT PROSPECT PUBLIC LIBRARY UNDER THE TERMS OF AGROUND LEASE WHEREAS, on November 6, 2002, the Village of Mount Prospect ("the Village") and the Mount Prospect Public Library ("the Library") entered into a Ground Lease Agreement (the "Lease") providing, among other things, for the Village to lese certain property ("Property") from the Library; and WHEREAS, the Village has caused its attorney and staff to review the terms of the Lease and the current status of the Property and its usage; and WHEREAS, the attorney and staff have reported that both the Village and the Library are in substantial compliance with all material terms of the Lease; and WHEREAS, the President and Board of Trustees have determined that it is in the best interests of the Village and its residents to assure that there is continued compliance with the Lease. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the parties are in substantial compliance with all material terms of the Lease. SECTION TWO: That the Mayor and Board of Trustees authorize the Village Director of Finance to pay the Library such sums as are due pursuant to the Lease. SECTION THREE: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of ,2003. ATTEST: Gerald L. Farley, Mayor Velma W. Lowe, Village Clerk H:\CLKO\files\WIN\RES\Lease pyrnt, Library & VOMP,patking,doc Vwl 12/11/03 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 18 ENTITLED 'TRAFFIC CODE' OF THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That Section 18.2001 of "SCHEDULE I - SPEED RESTRICTIONS" of Chapter 18 of the Village Code of Mount Prospect, as amended, is hereby further amended by deleting the following: "Name of Street Euclid Avenue Direction of Speed Limit Traffic Movement (mph) East and westbound 45 Description Between Wheeling Road and Wolf Road." SECTION TWO: That Section 18.2001 of "SCHEDULE 1 - SPEED RESTRICTIONS" of Chapter 18 of the Village Code of Mount Prospect, as amended, is hereby further amended by adding the following: "Name of Street Euclid Avenue Direction of Speed Limit Traffic Movement (mph) East and westbound 40 Description Between Wheeling Road and Wolf Road." SECTION THREE: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of December, 2003. ATTEST: Gerald L. Farley, Village President Velma W. Lowe, Village Clerk H:\CLKO~files\WIN\ORDINANC~CH 18,Speed restricti~ns,Euclid,Dec,03,(Joc VWL ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 18 ENTITLED 'TRAFFIC CODE' OF THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That Section 18.2007 of "SCHEDULE VII - SUNDAY PARKING" of Chapter 18 of the Village Code of Mount Prospect, as amended, is hereby further amended by deleting the following: "Name Side Hours of Street of Street Prohibited Milburn Avenue North 6:30 a.m. to 1:30 p.m. Description Between Main Street (Route 83) and Elmhurst Avenue". SECTION TWO: That Section 18.2006 of "SCHEDULE VI - NO PARKING ANY TIME" of Chapter 18 of the Village Code of Mount Prospect, as amended, is hereby further amended by adding thereto in proper alphabetical sequence, "Milburn Avenue - North - Between Main Street (Route 83) and Elmhurst Avenue", so that hereafter said Section 18.2006 shall include the following: "Name of Street Side of Street Milburn Avenue North Description Between Main Street (Route 83) and Elmhurst Avenue". SECTION THREE: That this Ordinance shall be in full fome and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of ,2003. ATTEST: Gerald L. Farley, Village President Velma W. Lowe, Village Clerk H:~CLKO\files\WIN\ORDINANC\Ch 18,No park anylime,Wille St,Dec,03.doc ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 18 ENTITLED 'TRAFFIC CODE' OF THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That Section 18.2004.B of"SCHEDULE IV - STOP AND YI ELD SIGNS" of Chapter 18 of the Village Code of Mount Prospect, as amended, is hereby further amended by adding thereto in proper alphabetical sequence "Lincoln Street - Eastbound and westbound - Albert Street" so that hereinafter said Section 18.2004~B of the Village Code of Mount Prospect shall include the following: "Name of Street Lincoln Street Direction of Traffic Movement Eastbound and westbound At Intersection With Albert Street." SECTION TWO: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of ,2003. ATTEST: Gerald L. Farley Village President Velma W. Lowe Village Clerk H:~CLKO~files~WIN~,ORDINANC\CH 18,YIELD SIGNS, Dec.03.doc Vwl ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 18 ENTITLED 'TRAFFIC CODE' OF THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That Section 18.2004.B of"SCHEDULE IV - STOP AND YIELD SIGNS" of Chapter 18 of the Village Code of Mount Prospect, as amended, is hereby further amended by adding thereto in proper alphabetical sequence "Hi-Lusi Avenue - Northbound and southbound - Milburn Avenue" so that hereinafter said Section 18.2004.B of the Village Code of Mount Prospect shall include the following: "Name of Street Hi-Lusi Avenue Direction of Traffic Movement Northbound and southbound At Intersection With Milburn Street." SECTION TWO: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of ,2003. ATTEST: Gerald L. Farley Village President Velma W. Lowe Village Clerk H:~CLKO~flIes\WIN\ORDINANC\CH 18.YIELD SIGNS, Dec.03.doc VWL ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 18 ENTITLED 'TRAFFIC CODE' OF THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That Section 18.2012.A. "SCHEDULE XII - FOUR HOUR PARKING" of Chapter 18 of the Village Code of Mount Prospect, as amended, is hereby further amended by deleting the following: "Name of Street Wille Street Side of Street East Description Between Central Rd. and Busse Avenue" SECTION TWO: That Section 18.2006 of"SCHEDULE VI - NO PARKING ANY TIME" of Chapter 18 of the Village Code of Mount Prospect, as amended, is hereby further amended by deleting the following: "Name of Street Side of Street Wille Street West Description Between Central Road and Northwest Highway". SECTION THREE: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of ,2003. ATTEST: Gerald L. Farley, Village President Velma W. Lowe, Village Clerk H:~CLKO\files~W~N~ORDtNANC~Ch 18. Delete 4-hr Park & NO Park,Wi~le SLDec.03.doc 12/10/03 12/12/03 ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 18 ENTITLED 'TRAFFIC CODE' OF THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That Section 18.2011 .A. of "SCHEDULE XI- TWO HOUR PARKING" of Chapter 18 of the Village Code of Mount Prospect, as amended, is hereby further amended by adding thereto in proper alphabetical sequence "Wille Street- East - Between a point 75 feet to 175 feet and from a point 525 feet to 580 feet south of Central Road" so that hereafter said Section 18.2011 of the Village Code of Mount Prospect shall include the following: "Name of Street Side of Street Wille Street East Description Between a point 75 feet to 175 feet and from a point 525 feet to 580 feet south of Central Road SECTION TWO: That Section 18.2011.A. of "SCHEDULE XI - TWO HOUR PARKING" of Chapter 18 of the Village Code of Mount Prospect, as amended, is hereby further amended by adding thereto in proper alphabetical sequence "Wille Street - West - Between a point 450 feet to 500 feet south of Central Road", so that hereafter said Section 18.2011 of the Village Code of Mount Prospect shall include the following: "Name of Street Side of Street Wilie Street West Description Between a point 450 feet to 500 feet south of Central Road." SECTION THREE: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of ,2003. ATTEST: Gerald L. Farley, Village President Velma W. Lowe, Village Clerk H:~GEN\IllestWINtORDINANC\CH 18, 2 hour ~ark,doc VWL ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 18 ENTITLED 'TRAFFIC CODE' OF THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That Section 18.2012.A. of"SCHEDULE Xl - FOUR HOUR PARKING" of Chapter 18 of the Village Code of Mount Prospect, as amended, is hereby further amended by adding thereto in proper alphabetical sequence, "Wille Street - West - From a point 250 feet to 385 feet south of Central Road", so that hereafter said Section 18.2012.A. of the Village Code of Mount Prospect shall include the following: Name of Street Side of Street "Wille Street West Description From a point 250 feet to 385 feet south of Central Road". SECTION TVVO: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of ,2003. ATTEST: Gerald L. Farley Village President Velma W. Lowe Village Clerk VWL ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 18 ENTITLED 'TRAFFIC CODE' OF THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That Section 18.2006 of "SCHEDULE VI - NO PARKING ANY TIME" of Chapter 18 of the Village Code of Mount Prospect, as amended, is hereby further amended by adding, in alphabetical sequence, the following: "Name of Street Side of Street Wille Street East Description Between Central Road and Northwest Highway except from a point 75 feet to 175 feet and from a point 525 feet to 580 feet south of Central Road". SECTION 'rvvo: That Section 18.2006 of "SCHEDULE VI - NO PARKING ANY TIME" of Chapter 18 of the Village Code of Mount Prospect, as amended, is hereby further amended by adding, in alphabetical sequence, the following: . "Name of Street Side of Street Wille Street West Description Between Central Road and Northwest Highway except from a point 250 feet to 385 feet and from a point 450 feet to 500 feet south of Central Road2 SECTION THREE: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED andAPPROVEDthis day of ,2003. ATTEST: Gerald L. Farley, Village President Velma W. Lowe, Village Clerk H:ICLKO\files\WIN\OROINANC~Ch 18,No park anytime,Wille St,Dec,03,doc Mount Prospect Public Works Department INTEROFFICE MEMORANDUM FROM: PROJECT ENGINEER ~ [~-~5~1 DATE: DECEMBER 11, 2003 SUBJECT: NOVEMBER SAFETY COMMISSION MEETING REQUEST FOR SPEED LIMIT CHANGE ALONG EUCLID AVENUE The Safety Commission transmits their recommendation to approve lowering the speed limit along Euclid Avenue between Wheeling Road and Wolf Road from 45mph to 40mph. Euclid Avenue between Wheeling Road and Wolf Road is under the jurisdiction of the Cook County Highway Department (CCttD). It has a 4-lane cross-section with left turn left turn lanes at Wheeling Road, Crabtree Lane, Sycamore Lane and Wolf Road. The area bordered by this portion of Euclid Avenue is primarily residential. Rob Roy Golf Course and Woodland Trails Park borders the north side of the road. Also, Euclid Elementary School is located at the corner of Euclid Avenue and Wheeling Road. The Village Code currently reflects the speed limit along this stretch of the road to be 45mph. West of Wheeling Road, the speed limit is 40mph. East of Wolf Road, the speed limit is 35mph. In January 2003, the Village received a phone call from a concerned resident regarding speeding along Euclid Avenue near Euclid Elementary School. The Village contacted the CCHD and requested they perlbrm a speed study. They agreed to and then hired a consultant to do the study. The Village received word that the CCHD completed the speed study in November and determined that the speed limit should be lowered to 40mph. Staff supports this speed limit reduction since it is more consistent with the speed limits east and ~vest. In addition, even though there are school speed limit signs posted near the elementary school, a lower speed limit may cause drivers to be more cautious when traveling near the elementary school and park when pedestrians are present at times when school is not in session. This issue was discussed at the November 10, 2003 Safety Commission Meeting. There was no one in the audience to speak on this issue. By a vote of 7-0, the Safety Commission recommends to lower the speed limit along eastbound and westbound Euclid Avenue between Wheeling Road and Wolf Road from 45mph to 40mph (Section 18.2001 of the Village Code). The Cook County Board of Commissioners at their December 2, 2003 meeting formally approved the 40mph speed limit. Signs reflecting the new speed limit are expected to be installed mid-December by the CCHD. In order to be consistent, the Village Code needs to be modified to reflect this change. age 2 of 2 December I 1, 2003 November Safety Commission Meeting Please include this item on the December 16t~ Village Board Meeting Agenda. Enclosed are the Safety Commission Minutes from thc meeting as well as a location map for your reference. Matthew P. La;vrie cc: Village Clerk Velma Lowe x,'",fileslengineerltraffic~,safecomm!recs&min'~IovO3rec,doc D D O c~ O ount Prospect Public Works Department INTEROFFICE MEMORANDUM TO: FROM: DATE: SUBJECT: VILLAGE MANAGER MICHAEL E. JANONIS "~}~l~, ~d{~ PROJECT ENGINEER ~~} DECEMBER 11, 2003 NOVEMBER SAFETY COMMISSION MEETING ~QUEST FOR PARKING REST~CTION CHANGE ALONG MILBU~ AVENUE Milburn Avenue between Main Street (Route 83) and Elmhurst Avenue is a local street under the jurisdiction of the Village. It currently has No Parking Arty Time and 2-Hour Parking signs posted along the north side and south side of the street, respectively. These signs have been in place for many years. The Village Code, however, reflects the north side of the street to only have prohibited parking from 6:30 a.m. to 1:30 p.m. on Sundays. The posted signs along the south side of the street match the Village Code. For the November 10, 2003 Safety Commission Meeting, Staff had prepared a map showing the parking restrictions in the neighborhood based on the Village Code. The map was prepared for an unrelated issue. At the meeting, a commission member pointed out the discrepancy. The consensus from the discussion was the Village Code should reflect the signs currently in place. Being near St. Raymond's School, the street experiences parking on a regular basis along the south side of the street. Allowing parking on the north side would result in traffic congestion and may hinder the response time of emergency vehicles. The Safety Commission directed Staff to have the Village Code reflect the signage that is currently posted along the street. The Engineering Staff recommends to: repeal the ordinance prohibiting parking from 6:30 a.m. to 1:30 p.m. on Sundays'along the north side of Milburn Avenue between Main Street (Route 83) and Ehnhurst Avenue (Section 18.2007 of the Village Code). enact an ordinance prohibiting parking at all times along the north side of Milburn Avenue between Main Street (Route 83) and Elmhurst Avenue (Section 18.2006 of the Village Code). Please include this item on the December 16th Village Board Meeting Agenda. Enclosed are the Safety Commission Minutes from the meeting as well as a location map for your reference. Matthew P. Lawrie cc: Village Clerk Velma Lowe x:files!engineer!trafficlsafecommimilburn[parking_rec, doc Z 0_ w Z Z .? I[1111 I!I .., ~- III ii I ::::::::::::::::::::::::::::: Mount Prospect Public Works Department INTEROFFICE MEMORANDUM TO: FROM: DATE: SUBJECT: VILLAGE MANAGER MICHAEL E. JANONIS PROJECT ENG1NEER DECEMBER 11, 2003 DECEMBER SAFETY COMMISSION MEETING REQUEST FOR TRAFFIC CONTROL SIGNS AT THE 1 ALBERT STREET & LINCOLN STREET :NTER~ The Safety Commission transmits their recommendation to approve Yields signs on Lincoln Street at Albert Street. Ms. Susan Eyles, 320 S. Albert Street, lives near the intersection and is concerned for the safety of motorists and residents in the neighborhood. The intersection currently does not have posted Stop or Yield signs. She contacted the Village after a recent accident at the intersection. In October 2003, Staff performed a traffic study of the intersection. Results show there have been three recorded accidents at the intersection over the past three years. Also, there are approximately 480 vehicles per day (250 on Albert Street and 230 on Lincoln Street) that enter the intersection. Average recorded speeds along both streets are at or below the 25mph speed limit. Finally, there is a private property evergreen tree at the northeast comer of the intersection that may be a sight obstruction for motorists. Also, landscaping near the homes and even the homes themselves are close to the comers and may make it difficult for motorists to react to a vehicle approaching on the cross street and avoid a collision. Staff sent out 20 surveys to residents who live within 200' of the intersection per the Notification Policy. 6 surveys were returned and many of the responses indicated there are motorists who cut through the neighborhood to avoid the traffic signals at Mt. Prospect Road and Northwest Highway. This issue was originally discussed at the November I0, 2003 Safety Commission Meeting. There were three residents in the audience to speak on this issue. Before making a recommendation, the Safety Commission directed Staff to work with the homeowner at the northeast corner of the intersection on trimming the private property evergreen tree. Staff contacted the homeowner who had the tree trimmed at the end of November to improve the visibility for motorists and pedestrians approaching the intersection. The issue was again discussed at the December 8, 2003 Safety Commission Meeting. With the trimming, the Safety Commission decided that it wasn't warranted to require motorists to come to a full stop at the intersection at all times, however, providing signage to clarify the right-of-way was necessary. age 2 of 2 December 1 I, 2003 Deccmber Safcty Commission Meeting By a vote of 9-0, the Safety Commission recom~nends to install Yield signs (Section 18.2004B of the Village Code) for eastbound and westbound Lincoln Street at Albert Street. Please include this item on the December 16th Village Board Meeting Agenda. Enclosed are the Safety Commission Minutes from the meeting as well as a location map for your reference. Matthew P. Lawrie cc: Village Clerk Velma Lowe x.'lfile.siengineer!~rafficisafecomm!recs&mi~idecO3rec.doc >-r~ ount Prospect Public Works Department INTEROFFICE MEMORANDUM TREE CATY USA TO: FROM: DATE: SUBJECT: VILLAGE MANAGER MICHAEL E. JANONIS ~l~, M~ PROJECT ENGINEER , , ~, ~1 ' ~al~ I~ DECEMBER l 1, 2003 ~ DECEMBER SAFETY COMMISSION MEETING · REQUEST FOR TRAFFIC CONTROL SIGNS AT THE INT ItI-LUSI AVENUE AND MILBURN AVENUE The Safety Commission transmits their recommendation to approve Yields signs on Hi-Lusi Avenue at Milburn Avenue. Mr. Jason Fried, 220 S. Hi-Lusi Avenue, lives near this uncontrolled intersection and is concerned for the safety of motorists and pedestrians in the area. The surrounding intersections have either Stop or Yield signs and many motorists disregard the normal right-of-way rule. In November 2003, Staff performed a traffic study of the intersection. Results show there has been one recorded accident at the intersection over the past five years. Also, there are approximately 660 vehicles per day (310 on Hi-Lusi Avenue and 350 on Milbum Avenue) that enter the intersection. Average recorded speeds along both streets are below 25mph. Finally, there is not any landscaping or fences immediately adjacent to the intersection that causes a severe sight obstruction. However, the proximity of the homes and some landscaping near the homes to the intersection may make it difficult for motorists to react to a vehicle approaching on the cross street and avoid a collision given no traffic control signs. Staff sent out 19 surveys to residents who live within 200' of the intersection per the Notification Policy. 8 surveys were returned and many of the responses indicated motorists often speed through the intersection and support either Stop or Yield signs. One response opposed Stop signs. This issue was discussed at the December 8, 2003 Safety Commission Meeting. There was one resident in the audience to speak on this issue. The Safety Commission decided that it wasn't warranted to require motorists to come to a full stop at the intersection at all times, however, providing signage to clarify the right-of-way was necessary. By a vote of 9-0, the Safety Commission recommends to install Yield signs (Section 18.2004B of the Village Code) for northbound and southbound Hi-Lusi Avenue at Milburn Avenue. Please include this item on the December 16th Village Board Meeting Agenda. Enclosed are the Safety Commission Minutes from the meeting as well as a location map for your reference. Matthew P. La~vrie cc: Village Clerk Velma Lowe x:lfileslengineerltrafficlsafecommlrecs&minldecO3rec2, doc L 6_ W Z Ld w z w z w ~ z P- w ~ ~ w .~ 2[: >- 121 n AV ISFI9 IH \ Mount Prospect Public Works Department INTEROFFICE MEMORANDUM TO: FROM: DATE: SUBJECT: VILLAGE MANAGER MICHAEL E. JANONIS PROJECT ENGINEER DECEMBER t 1, 2003 REQUEST FOR PARKING RESTRICTION CHANGES ALONG WlLLE The Engineering Staff transmits their recommendation to modify the parking restrictions along Wille Street between Central Road and Northwest Highway. With the developments of Clocktower Place and Village Centre, the Village sought to provide on-street parking along both sides of Wille Street between Central Road and Northwest Highway. Earlier this summer, the Village reconstructed the street which included altering the alignment and installing a mixture of 45°, 90° and parallel parking spaces on the east and west sides of the street. Up until this point, parking was prohibited on the west side and 45° spaces allowing 4-hour parking was provided on the east side of the street. Both the residential and commercial developments along the block provide for off-street parking on their properties. The parking spaces on the street are intended for short-term parking by visitors to the condominiums and patrons to the businesses. When the street was reopened to the public, the Village installed temporary parking restriction signs. At the south end of the block, there are four 45° parking spaces on the east side and two parallel parking spaces on the west side. Since these two areas would primarily be used by patrons to the businesses along Busse Avenue and the Clocktower retail property, Staff decided that limiting the spaces to 2-hour parking would be appropriate. At midblock, there are 15 90° parking spaces on the west side of the street. These spaces would primarily be used by visitors to the condominiums, therefore, Staffdecided a 4-hour parking limit would be appropriate. Finally, there are 11 90° parking spaces on the east side of the street at the north end of the block. These spaces would be used by both visitors to the condominiums and patrons to the businesses at the southwest comer of Central Road and Busse Avenue. Staff decided a 2-hour parking limit would be appropriate for this area. The temporary parking restriction signs have been in-place for a few months. Staff has monitored the on- street parking to determine if any modifications should be made before bringing the issue to the Village Board for formal approval. Based on our observations, we believe the parking restrictions as posted are appropriate given the mix of commercial and residential development along the block. We have received two inquiries from residents of Village Centre about possibly changing the parking limit from 2 hours to 4 hours at the north end of the block. To discourage employee parking from the businesses, Sta£f supports leaving these spaces as 2-hour parking. age 2 of 2 December l 1,2003 Wille Street Parking Rcstricfio~s The Engineering Staffrecommends to: · repeal the ordinance prohibiting parking at all times along the west side of Wille Street between Central Road and Northwest Highway (Section 18.2006 of the Village Code). · repeal the ordinance limiting parking to 4-honrs along the east side of Wille Street between Central Road and Busse Avenue (Section 18.2012A of the Village Code). · enact an ordinance limiting parking to 2-hours from 7am-6pm along the east side of Wille Street from a point 75' to 175' and from a point 525' to 580' south of Central Road (Section 18.2011A of the Village Code). enact an ordinance prohibiting parking at all times along the east side of Wille Street between Central Road and Northwest Highway except from a point 75' to 175' and from a point 525'to 580' south of Central Road (Section 18.2006 of the Village Code). ° enact an ordinance limiting parking to 4-hours from 7am-6pm along the west side of Wille Street from a point 250' to 385' south of Central Road (Section 18.2012A of the Village Code). · enact an ordinance limiting parking to 2-hours from 7am-6pm along the west side of Wille Street from a point 450' to 500' south of Central Road (Section 18.2011A of the Village Code). enact an ordinance prohibiting parking at all times along the west side of Wille Street between Central Road and Northwest Highway except from a point 250' to 385' and from a point 450'to 500' south of Central Road (Section 18.2006 of the Village Code). Please include this item on the December 16th Village Board Meeting Agenda. Enclosed is a location map for your reference. Matthew P. Lawrie cc: Village Clerk Velma Lowe x:~les~engineeritraffic!traffichvillelparking_rec_memo,doc Ii VWL 12/!i/03 RESOLUTION NO. A RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE COUNCIL OF GOVERNMENT TO SHARE LITIGATION EXPENSES ASSOCIATED WITH THE INFRASTRUCTURE MAINTENANCE FEE (IMF)CLASS ACTION LAWSUIT (PRIMECO) WHEREAS, the corporate authorities of the Village of Mount Prospect ('the Village'S, as members of the Northwest Municipal Conference ("the Council of Government'S, have determined that it would be in the best interests of the Village to participate with the Council of Government in sharing specific litigation costs associated with a challenge to the constitutionality of the collection of an Infrastructure Maintenance Fee ("IMF'l; and WHEREAS, the intergovernmental agreement for the sharing of litigation expenses, being the subject of this Resolution specifies the portion of litigation expenses to be paid by the Village of Mount Prospect. NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the Mayor is hereby authorized to sign and the Clerk is authorized to attest his signature on the agreement between the Village of Mount Prospect and the Council of Government, being the subject of this Resolution, SECTION TWO: That a copy of said Agreement is attached hereto and hereby made a part hereof as Exhibit "A". SECTION THREE: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of ,2003. ATTEST: Gerald L. Farley, Mayor Velma W. Lowe, Village Clerk H:\CLKOkfi~es~,WIN~,RES~Auth Inlergovt Agrmt,PrirneCa,lawsu~ $$$,De¢,03.doc NORTHWEST MUNICIPAL CONFERENCE 1616 East Golf Road Des Pla/nas, IIlinois 60016 (847) 296-9200 · Fax (847) 296-9207 www. n wmc-cog, org MEMBERS Antioch Arlington Heights Barrington Bartlett Buffalo Grove Caw Deedield Des Plaines Elk Grove Twp Elk Grove Village Evanston Evanston Twp. Fox Lake ' Fox River Grove Glencoe Glenview , GraysJake Golf* Hanover Park Hawthorn Woods Highland Park Hoffman Estates rnverness Lake Barrington Lake Forest Lake Zurich Lake in the Hills Libertyville Lincolnshire Lincolnwood Morton Grove Mount Prospect New Trier Twp. Niles Northbrook Northfield Northfield Twp Palatine Park Ridge Prospect Heights Rolling Meadows Roseile Schaumburg Schaumburg Twp. Skokie Streamwood Vernon H/tls Wheeling Wilmette Winnetka President Catherine J Metchert Bartlett Vice-President Elfiott Hartstein Buffalo Grove Secretary Richard M. Hall Elk Grove Township Robert L In/in Lincolnshire Executive Director Mark L Fowler 'Affitiate Member A Regional Association of Iflinois Municipalities and Townships Representing a Population of Over One M/Ilion Memorandum TO: NWMC Membership Regional Councils of Government and Other Interested Parties FROM: Mark L. Fowler Executive Director RE: PrimeCo IMF Litigation Intergovernmental Agreement DATE: November 13, 2003 Action Requested: Approve and execute the attached intergovernmental agreement in order to participate in the joint defense and sharing of litigation costs for the Infrastructure Maintenance Fee (IMF) class action lawsuit. Each participating municipality should return the executed document to their representative Council of Government (COG), who wilt then prepare an invoice for the joint defense of the litigation. Issue: The Northwest Municipal Conference (NWMC) convened a regional forum on October 20 to update municipalities on the PrimeCo litigation and to propose a.joint regional effort to fund and manage the defense of the litigation. The participants at the forum requested that a letter of agreement be prepared to guide this regional effort and identify potential costs. The Village of Skokie drafted the attached agreement, which has been approved by Skokie's attorneys, Holland & Knight LLC, and the NWMC. Backgroun& Municipalities imposing a telecommunications IMF received notices of pendency of class action, naming all municipalities with an IMF as members of a class of defendants. The Village of Skokie is named as the putative class representative of all municipalities in the state which had levied the IMF fee. Municipalities named in the notice have the option of opting out of the defendant class by December 12, 2003. Those who elect to opt out face the potential that individual suits will be filed against them and the municipality would then be required to defend the litigation individually. For additional information about the case, Holland & Knight has devoted a portion of their web site to the litigation, http://paw.hklaw.com/. Once on the practice area website, click on Public User, scroll down to PrimeCo vs. ICC, click Go, click on Documents (left side of screen), and click on Infrastructure Maintenance Fee Litigation documents. C:\Win2kProfiles\VLowe\Local Settings\Temporary lntemet Files\OLKC\Skokie IMF Agreement Memo.doc AGREEMENT FOR THE SHARING OF LITIGATION EXPENSES This Agreement is hereby entered into by each municipality and Council of Government (referred to herein as "COG") executing a signature page confirming that they are a party to this Agreement and accept all terms herein. Whereas, various telephone service providers in the State of illinois, customers of wireless telephone service providers and customers of landline telephone service providers have been engaged in litigation against various municipalities and other public agencies of the State of Illinois in relation to the enforceability and constitutionality of the Municipal Telecommunications Infrastructure Maintenance Fee Act, 35 ILCS 635/1 et seq., (hereinafter referred to as the "IMF") (said litigation collectively referred to as the "Litigation"); Whereas, in June 2001, the Illinois Supreme Court held the IMF to be unconstitutional as applied to customers of wireless service providers, however, the Court did not decide the issue of the constitutionality of the IMF as applied to customers of landline service providers; Whereas, on March 28, 2003, the Circuit Court of Cook County certified the Litigation as a class action (a) identifying plaintiffs as members of three sub-classes, and (b) identifying defendant municipalities as members of three sub-classes, as specified in the court's order of March 28, 2003 (and as clarified in the court's order dated August 5, 2003); Whereas, the Circuit Court of Cook County appointed the Village of Skokie as the defendant class representative for all three defendant sub-classes and appointed Jack Siegel of Holland and Knight LLC as defendant class counsel unless a municipality enters an appearance through separate counsel; Whereas, the parties hereto have decided not to opt-out of the Litigation and therefore agree to jointly provide funds and cover the costs of legal fees and other expenses associated with the Litigation; Now, therefore, in consideration of the mutual promises and obligations, the parties hereby agree .to the following terms and provisions: I. Recitals. The above stated Recitals are restated and incorporated herein as if stated in full. 2. Definitions. The following words or terms shall have the meaning ascribed to them: "Attorneys" shall mean the law firm Holland and Knight LLC, including Jack Siegel, lain Johnston and such other attorneys of the law firm. "Attorneys" shall also mean any other attorney appointed by a court to be a class counsel for the any of the defendant sub- classes or the defendant class. "Attorneys Fees" shall mean the fees billed by the Attorneys. C:\Win2kProfiles\VLowe\Local Settings\Temporary Internet Files\OLKC\Skokie IMF Agreement- Final.doc "Defense of the Litigation" shall mean alt efforts by the Attorneys to defend against the allegations made by a plaintiff, including but not limited to presentation of defenses on legal issues and damages, affirmative defenses, counter claims or set-offs, "Municipality" or "Municipalities" shall mean a municipality that is a defendant in the Litigation and a party to this Agreement, or in the plurat, collectively all municipalities that are parties to this Agreement. "Shared Costs" means the costs incurred in the Defense of the Litigation that the Municipalities have agreed to share and as defined in paragraph 3 below and limited in paragraph 4. Shared Costs. The Municipalities will jointly share all costs and expenses associated with the Defense of the Litigation, including but limited to Attorney's Fees, out of pocket expenses incurred by the Attorneys, cost advances made by the Attorneys, paralegat expenses, court costs, court reporter and transcript expenses, expert fees and expenses and any and all expenses incurred in the Defense of the Litigation (hereinafter referred to as the "Shared Costs"). 4. Excluded Costs. Shared Costs does not include the following costs and expenses: A. Fees billed by attorneys other than attorneys appointed as class counsel, or a sub- class counsel, by a court; B. Salaries of employees or other compensation paid to agents of a municipality that may expend time or effort on behalf of the Defense of the Litigation; or C. Any cost or expense associated with any lawsuit or legal proceeding other than the Litigation. 5. Governance. A Committee of Municipalities shall have the primary responsibility for providing guidance to the Attorneys and for communicating with the parties to this Agreement. The Committee shall be comprised of representatives of Municipalities and a representative from each Council of Government (herein referred to as "COG") that is a party to this Agreement. Each COG shall designate two representatives of Municipalities that are members of the respective COG to serve on the Committee. In the event two or less COGs are parties to this Agreement, then each COG will designate three representatives of Municipalities. Representation on the Committee of parties that are not a member of a COG shall be determined by the Committee. 6. Committee of Municipalities. The Committee of Municipalities shall review all invoices or bills submitted in relation to the Shared Costs and approve them for payment. The Committee may reject any invoice or bill that it determines is not appropriate or correct. The Committee shall establish a methodology for assessing and collecting each Municipalities' share of the Shared Costs. The methodology for assessing the Shared Costs shall be on a per capita basis utilizing the Municipalities' population. Each COG shall have the responsibility of communicating and collecting the assessments from the Municipalities that are members the respective COG. 7. Payment. Each Municipality shall make a payment for Shared Costs in amount equal to its population times twenty-five cents (population x $.25). Such other payments shall be made at the time, and in the amounts, as-determined by the Committee of Municipalities. At such time as all Litigation is ended, any funds remaining shall be returned to the Municipalities on a per capita basis. Nothing in this Agreement precludes a Municipality from withdrawing from this Agreement, however, the withdrawing Municipality shall not be entitled to withdraw any of the initial amount paid pursuant to the first sentence of this paragraph. COG. Any and all expenses incurred by a COG shall be borne solely by the respective COG and shall not be considered Shared Costs, except the Committee of Municipalities may determine that the COG should be reimbursed for the expense. No COG shall be obligated for Shared Costs and no assessment shall be made to a COG. 9. Counterpart. It is contemplated that this Agreement will be executed through the use of counterparts and such execution is authorized. In Witness whereof, the below named Municipality/COG, agrees to be a party to the Agreement for the Sharing of Litigation Expenses and the authorized municipal/COG officials have duly executed and affixed their signatures hereto. Name of Municipality or COG By:. Signature of Official Date Print Name of Official Attest: By: Title Signature of Official Print Name Title Date Population: X $0.25 per capita = $ 'contribution) HOLLAND & KNIGHT LLP 131 South Dearborn Stree~ 30th Ftocr Chicago, Illinois 60603 312-263-3600 312-578-6666 Fax www.kklaw.com October 13, 2003 Atlanta Betkesda Braden~on Chicago- Fcrt Lauder~ale Jacksonville Lake lan~ JACKM. SIEGEL 312-578-6530 SaP. Franc'. scc Helsinki Tokyo *Holland jack.siegel~hklaw,com Mr. Patrick Hanley Corporation Counsel Village of Skokie 5127 Oakton Street Skokie, IL 60077 Re: PrimeCo Litigation Dear Pat: This is a class action suit in which the Village of Skokie and the City of Chicago have been named as representative parties. The original litigation arose out of an action brought by PrimeCo, a wireless provider, against the Illinois Commerce Commission and the City of Chicago. At issue was the constitutionality of the Municipal Infrastructure Fee authorized by statute. A prior judge, Judge Boharic, declared the statute unconstitutional as a violation of the uniformity clause of the Illinois Constitution. He decided that since PrimeCo., a wireless provider, did not maintain their facilities in the public streets, including wireless carriers within the purview of the statute, violated the uniformity clause. The case was appealed to the Illinois Supreme Court which affirmed Judge Boharic, but only with respect to wireless. Boharic had thrown out the entire statute but the Sup. reme Court refused to hold the statute unconstitutional on its face as applied to landline providers. After Boharic had initially held the statute unconstitutional, a number of intervenors sought to broaden the scope of the action to include landlines. The intervenors named the Village of Skokie and the City of Chicago as putative class representatives of all municipalities in the state which had levied the IMF fee. The statute provided that if municipalities repealed their existing franchises, municipalities over 500,000 population could levy a two percent fee and municipalities under 500,000 could impose a one percent fee on the gross receipts of C:\Win2kProfileskMJanonis\Local Settings\Ternr)orary Internet Files\OLK2\Skokie PrimeCo Update I0-13-03 DOC Patrick Hanley Page 2 October 13, 2003 companies providing service in the municipalities lev-ting the IMF. The purpose enunciated, both in the statute and in the Supreme Court opinion was to provide a uniform method of compensation instead of the multiplicity of franchise agreements which existed throughout the state. After the Supreme Court opinion, the City of Chicago and the Village moved to strike the intervenors' complaint. The first motion was successful. An Amended Complaint was filed which basically repeated the allegations but a second Motion to Dismiss brought under §2'615, was only partially successful. Judge Boharic held that the motion to dismiss the claims with respect to landlines was denied, based on an earlier Supreme Court decision in the Ct~icago tarefgf~ts case. Judge Boharic retired and was replaced by Judge McGann. Judge McGann proceeded to certify a class of plaintiffs, both wireless and landlines with separate subclasses naming the Village and the City as representative defendants for all municipalities in the state that had levied the IMF. The City of Chicago settled wireless claims as did the City of Rockford, both with PrimeCo and with the intervenors. The original attorneys for PrimeCo, now purport to represent PrimeCo customers and they remain in the case. Notices of the Pendency of the Class Action with respect to PrimeCo for all municipalities other than Rockford and Chicago- have gone out. Notices for the defendant class have been approved by Judge McGann and will be mailed and published, allowing municipalities to opt out as well as individuals from the wireless class actions. Judge McGann early on suggested that a 308 petition might be appropriate. The City of Chicago and the Village of Skokie moved to certify three questions pursuant to §308 of the Supreme Court Rules. That section allows an interlocutory appeal of issues when there is a substantial question and the resolution of the question may hasten the termination of the litigation. Judge McGann certified one question. The question in substance is whether or not the statute is unconstitutional as applied to landlines. He refused to certify the additional questions which involved the application of the voluntary payment doctrine as recognized in the previous decision of the Appellate Court known as the /~rey£us case. He also refused to certify a question regarding the application of the Tort Immunity Act which would bar monetary recovery. The City of Chicago while joining in the original motion for the 308 did not file an application for the 308 review of the single question certified by Judge McGann. The Village has filed such an application supported by an appropriate record and that matter is now pending in the Appellate Court for the First District. In the meantime, Judge McGann has held up any notices which respect to landlines. In summary, there are three remaining questions which must be determined in this litigation. They are as follows: Patrick Hanley Page 3 October 13, 2003 1. W~hether the statute is unconstitutional as apphed to landline providers. That issue may or may not be decided on the 308 application. The Appellate Court has discretionary authority to accept the question certified. If the Appellate Court should hold the statute to be unconstitutional as applied to landlines, a direct appeal to the Ilhnois Supreme Court would follow; 2. Whether the voluntary payment doctrine as enunciated in Dreyfus is applicable in which case there would be substantial question as to the possibility of recovering past payments. Each municipality would have a different situation as to whether the payments were made under protest or whether duress existed as a matter of law; 3. There remains open the question as to whether the Tort Immunity Act which bars financial recovery which arises out of an ordinance which was adopted in good faith pursuant to a statute which was subsequently declared unconstitutional would apply in this case. If the Tort Immunity Act, which apparently on its face would prohibit monetary recovery applies, then the liability of the municipalities would presumably disappear. I hope that the foregoing is an adequate summary of the status of this matter. I look forward to meeting with you and the other interested parties to further discuss this matter on October 20, 2003. Very truly yours, HOLLAND & KNIGHT LLC JMS:rp Jack M. Siegel # 1280907_vl NGRTHWEST MUNICIPAL CONFERENCE 1616 East Golf Road Des Plaines, Illinois 60016 (847) 296-9200 · Fax (847) 296-9207 www. nwmc-cog.org MEMBERS Antioch Arlington Heights 8arrington Barrier1 Buffalo Grove Cary Deerfleld Des Plaines Elk Grove Twp. Elk Grove ViItage Evanston Evanston Township Fox Lake Fox River Grove Glencoe Glenview Grayslake Go~f' Hanover Park Hawthorn Woods High,and Park Hoffman Estates Lake Barrington Lake Forest Lake Zurich Lake in the Hills Libertyville Lincolnshire Lincolnwood Morton Grove Mount Prospect New Trier Twp Niles Northbrook Nor~hfield Northfield Twp, Palatine Park Ridge Prospect Heights Rolling Meadows Roselle Schaumburg Schaumburg Twp. Skokie Streamwood Vernon Hills Wheeling Wilmette Winnetka President Catherine J, Melched Bartlett A Regional Association of Iltinois Municipafities and Townships Representing a Population of Over One Million TO: FRO M: RE: DATE: Phase I STAR Line Mayors/Presidents and Administrators/Managers Larry Bury, Transportation Director Local Funding Resolutions November 4, 2003 At the October 30 meeting the STAR Line Municipal Task Force, the members approved contracting with Schlickman and Associates for strategic policy, financial and advocacy advice to assist the municipal efforts to implement the Phase I of the Metra STAR Line. It was also agreed that the cost of this contract and any other expenses related to the STAR Line be shared by the communities along the Phase I segment between Rosemont/O'Hare and Joliet. As approved by the Task Force, communities directly along the Phase I segment of the STAR Line committed to working cooperatively on the planning and implementation of this project are requested pass a local resolution pledging up to $20,000 over the multi-year planning effort towards the local match. Each year, the Steering Committee will approve an annual billing for these expenses. We are initially estimating that the first year billing request will be $4,000, although the actual amount may vary depending upon how many communities pass funding commitment resolutions. The Northwest Municipal Conference will administrate this contract and handle cost sharing arrangements on behalf of the Task Force. Attached you will find an electronic copy of the model funding commitment resolution. Please contact me via email at Ibury¢~}nwmc-coe.ore to let me know whether or not your community is anticipated to approve this resolution. Ideally, we will need to have the resolutions back by late December or early January. If you have any questions or need any additional information, please contact either me or your local planning liaison. Thank you. Vice-President EIliott Hartstein Buffalo Grove Secretao/ Richard M. Hall Elk Grove Township Robert Llrvin Lincolnshire Executive Director Mark L. Fowler *Affiliate Member A RESOLUTION FROM THE VILLAGE OF MOUNT PROSPECT APPROVING FINANCIAL PARTICIPATION IN TIlE LOCAL PLANNING EFFORT FOR THE PHASE I METRA STAR LINE WHEREAS, the communities along the Northwest Tollway corridor and Elgin, Joliet and Eastern Railroad (EJ&E) corridor are committed to working cooperatively to implement a high capacity transit solution to help alleviate traffic congestion, enhance individual mobility, improve air quality, and support economic development within the corridors; and WHEREAS, both the Northwest Transit Corridor Municipal Task Force and the EJ&E Municipal Task Force have identified the Metra Suburban Transit Access Route (STAR) Line as Their locally preferred alternative; and WHEREAS, the Metra STAR Line will create a new dynamic in suburban mobility by providing a direct high capacity transit connection between growing employment and residential centers in municipalities along the STAR Line; and WHEREAS, the Phase I Metra STAR Line will run along the Northwest Tollway east from Rosemont/O'Hare Airport to Prairie Stone in Hoffman Estates where it will connect with the EJ&E and run south to Joliet, with future extensions along the EJ&E southeast to the Indiana border and northeast to Waukegan; and WHEREAS, the Metra STAR Line will create opportunities to implement transit-oriented development at the station locations, increasing the number of destinations and potential riders in areas immediately adjacent to the potential station locations; and WHEREAS, the DuPage Mayors and Managers Conference, the Kane County Council of Mayors, the Northwest Municipal Conference, the South Suburban Mayors and Managers Association, and the Will County Governmental League have cooperatively established the STAR Line Municipal Task Force to cooperatively work with Metra on the planning and implementation of the STAR Line; and WHEREAS, in order to better facilitate the municipal efforts necessary for planning and implementation of the STAR Line, the Municipal Task Force at their October 30, 2003 meeting approved contracting with a consultant for strategic policy, financial and advocacy advice with the contract rumaing in one year intervals; and WHEREAS, this consulting contract and any other incidental expenses related to the Task Force's efforts is separate from Metra and the cost is the responsibility of the STAR Line Municipal Task Force; and WHEREAS, the local cost of the consultant contract should be equally shared by all municipalities that will directly benefit from implementation of service along the Phase I Metra STAR Line; and Star Line Funding Page 2/2 WHEREAS, the No~-thwest Municipal Conference will administer the contract on behalf of the Task Force; and WHEREAS, the annual amount of the local share shall be determined by the Task Force's Steering Committee and will be based upon the actual cost for the consultant's services and the number of communities that participate. NOW, TItEREFORE BE IT RESOLVED BY THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION ONE: That the Village of Mount Prospect will financially participate towards the local planning and implementation efforts by the STAR Line Municipal Task Force. SECTION TWO: That as a member of the Task Force, the Village of Mount Prospect agrees to a proportionate share of the local match at a cost not to exceed $20,000 over the multi-year timeframe of the planning and implementation efforts. SECTION THREE: That a copy of this Resolution will be forwarded to the Northwest Municipal Conference. SECTION FOUR: That this Resolution shall be in full force and effect from and after its passage and approval in the manner provided by law. AYES: NAYS: PASSED and APPROVED this day of .,2003. ATTEST: Gerald L. Farley Mayor Velma W. bowe Village Clerk NORTHWEST MUNICIPAL CONFERENCE 1616 East Golf Road Des Plaines, Illinois 60016 (847) 296-9200 · Fax (847) 296-9207 www. n wmc-cog, org MEMBERS Antioch Arlington Heights Barrington Bartlett Buffalo Grove Cary Deerfietd Des Plaines Elk Grove Twp Elk Grove Village Evanston Fox Lake Fox River Grove Glencoe Glenview Grayslake Golff Hanover Park Hawthorn Woods High,and Park Hoffman Estates Lake Barrington Lake Forest Lake Zurich Lake in the HiIIs Libedyvi}le Lincolnshire LJncolnwood Morton Grove Mount Prospect New Trier Twp Niles Northbrook Nodhfield Northfield Twp Palatine Park Ridge Prospect Heights Rolling Meadows Roselle Schaurnburg Schaumburg Twp. Skokle Streamwood Vernon Hills Wheeling Wiimette Winnetka President ,Calherine J. Melchert Bartlett A Regional Association of Illinois Municipalities and Townships Representing a Population of Over One Mi/i/on TO: FROM: RE: DATE: STAR Line Task Force Larry Bury, NWMC Transportation Director Contracting with Schlickman & Associates October 21, 2003 Background The Northwest Municipal Conference, on behalf of the Northwest Transit Corridor municipalities, has contracted with Stephen Schlickman of Schlickman & Associates since 2001 for strategic policy, financial and advocacy advice related to completing the RTA alternatives analysis and positioning the project to secure federal and state funding. Prior to that, Mr. Schlickman was under contract with the Village of Schaumburg for the same work on this project. With the merger of the Northwest Transit Corridor and the Outer Circumferential Rail efforts, we are recommending that the services of Mr. Schlickman be retained by the STAR Line Task Force. This recommendation is based on our belief that as we work closely with Metra to implement this project, Mr. Schlickman's state, federal and agency contacts, in depth knowledge of transit system funding and implementation, and policy analysis and advice will prove to be a valuable resource to all of the communities along the STAR Line. Recommendations We recommend contracting with Schlickman & Associates for a one year interval according to the same terms of our most recent contract: at the rate of $161 per hour for a maximum of twenty-six hours per month. We also recommend that this cost be shared by the communities along the Phase I portion of the STAR Line. We propose implementing a similar arrangement to the one that NWC municipalities utilized: each municipality along the STAR Line Phase I pass a local resolution pledging up to $20,000 for consulting and other support for the STAR Line Municipal Task Force. NWMC can serve as administrator for this process. The installment for 2004 is initially estimated to be $4,000 per municipality. The Steering Committee will determine the final amount in January. Vice-President Elliott Hartstein Buffalo Grove Secretary Richard M Hall Elk Grove Township The attached documentation contains detailed information about Schlickman & Associates and their work on the Northwest Transit Corridor. Mr. Schlickman will be available at the Task Force meeting to answer any questions you may have. Robert L, tn.,in Lincolnshire Executive Director Mark b Fowler *Affiliate Member $C:HL~C:K~AN & ASSOCIATES TRANSPORTATION AND INFRASTRUCTURE POLICY, FINANCE AND ADVOCACY 203 N. Wabash T 31:2 920.0132 Suite 1800 F 312 641.5736 Chicago, IL 60601 steveschl@aoLcom August 27, 2003 Mr. Larry Bury The Northwest Municipal Conference 1616 East Golf Road Des Plaines, Illinois 60016 Re: Qualifications to Serve STAR Line Communities Dear Mr. Bury: We have discussed the renewal of my contract to provide strategic policy, financial and advocacy advice for the Northwest Corridor Transit Project and adjusting it to apply to the new STAR Line Municipal Task Force. In that regard, you have requested a restatement of my qualifications to provide such services and the specific scope of work that I would perform. Enclosed is a copy of my professional r6sum6 and fa'm description for reference. In sum, I have worked on the development and advancement of major transportation programs and projects for 23 years. During that time I developed a particular expertise in advising transit capital program managers on how to plan and implement their major projects in order to maximize funding through the federal, state, and local administrative and legislative processes. I also provide advice on developing and executing the strategy to obtain the necessary funding. Transit projects of similar magnitude to the STAR Line that I helped to advance in that manner include the CTA Orange Line extension to Midway in the 1980s and the City of Chicago Central Area Circulator project in the early 1990s. Of course, you can testify to the similar role I have played for the Northwest Corridor Transit Project since late 1998. Mere generally, I have been responsible for developing and implementing funding strategies for the CTA and RTA multi-billion capital programs and the City of Chicago's entire federal funding program, which included all of the transportation funding acquired in the I991 federal ISTEA legislation. I have also advised the City of Chicago on their efforts to obtain funding from the federal TEA-21 legislation. In fact, I have worked on every federal highway and transit reauthorization initiative since 1982 through to the current T-3 activity. My federal involvement has lead to my participation in many national transportation coalitions including the New Starts Working Group, which I formed and chaired in 1994 and 1995. This is the leading advocacy organization representing the interests of New Start projects such as the STAR Line. Currently, I am the coalition manager for the National Business Coalition for Rapid Transit and the Rail Advocates for Infrastructure Legislation Coalition, both of which advocate for increased federal funding for rail projects. Of equal value is my expertise on the funding and governance structures for transit in Northeastern Illinois. I led the CTA's legislative policy team's involvement in the 1983 RTA reform legislation and subsequently provided guidance thereon to the CTA Chairman, who was the sole representative of the City of Chicago on the RTA Board while the Board implemented ugust 29, 2003 Qualifications to Serve STAR Line Communities Page 2 the new financial requirements. As the Executive Director of the Central Area Circulator Project in the early I990s, advisor to the Chicago Department of Transportation since 1996, and advisor to the Northwest Corridor Transit Project since 1998, I have maintained a current knowledge of the region's transit capital program initiatives as well as maintained relationships with program management officials. I also have been involved in every major state highway and transit ~nding program initiative from 1983 tbxough to the 1999 Illinois FIRST legislative action. I well know how such legislation can be the vehicle to fund projects such as the STAR Line. Through my work on Illinois transportation policy, finance, and advocacy, I am well known by, and have a good working relationship with, virtually all of the transportation agency chiefs in the state. I have a similar relationship with many of tl~e state legislative leadership, including the Speaker of the House and the President of the Senate. I am equally familiar with key members of Congress on transportation matters, including Senator Durbin, Congressman Lipinski and Congressman Kirk. As an adjunct assistant professor at the University of tllinois Chicago, I teach a course on Transportation Project Funding and Finance and thus stay current on the latest finance trends for all transportation modes. Given my rail project experience, I am an expert on the federal New Start Program, which will be a principal funding source for the STAR Line. The STAR Line is a major and costly transit initiative that is competing with many other transportation needs in the region, the state, and around the nation for scarce federal, state, and local funding. It is affected by the dynamics of transportation governance at every level. There is no other consultant with my expertise who is better able to advise the STAR Line municipalities on their efforts to build this project. The work scope I propose for the contract extension is similar to the work I have been doing for the Northwest Municipal Conference: · Project policy advice and evaluation in relation to Metra's project work in meeting the STAR Line communities' objectives · Representation at project meetings · Advice on financial options in relation to Metra's project financial plan · Legislative and administrative policy advice to ensure the broadest state and federal support · Assistance in communications with key federal, stale, and local officials · Advice on positioning the project in relation to other competing projects · Aid efforts to continue developing local support I have greatly enjoyed working for the Conference on its transportation needs and look forward to working on behalf of all of the STAR Line communities. Please let me know if you need additional information. Sincerely, Stephen E. Schlickman Mount Prospect Public Works Department INTEROFFICE MEMORANDUM 'IREE CITY U,~ TO: FROM: DATE: SUBJECT: VILLAGE MANAGER MICHAEL E. JANONIS SOLID WASTE COORDINATOR DECEMBER 4, 2003 ABANDONED SHOPPING CARTS Background In early 1993 the Village of Mount Prospect began an active campaign to rid the community of abandoned shopping carts. While initial efforts focused on the patrolling and removal of abandoned carts from public and/or private property the ultimate goal was to keep shopping carts on store property. For over a decade the Village has dedicated considerable resources to "manage" shopping carts. UtiIizing both punitive and proactive measures the Village has encouraged local merchants to "control and contain" shopping carts. As Attachment A illustrates there is a significant cost to the Village for removing the unsightly and potentially hazardous nuisance(s). Since 1998 the Village has removed approximately 2,808 abandoned carts and incurred over $84,000 in labor costs. These same figures also demonstrate the lack of effective action taken by local merchants to contain their shopping cart inventory. At the March 11, 2003 Committee of the Whole Meeting, Public Works staff presented a summary report of the Village's ten year struggle to "manage" abandoned shopping carts. (March 6, 2003 attachment) Concerned with the Village's role in shopping cart "management", the Village Board directed staff to seek a viable alternative(s) to existing practices. · Contact potential scavengers regarding the collection and disposal of the abandoned carts. · Modify the existing ordinance; eliminate the grace period and increase the fines to reflect the actual cost for removal and disposal of abandoned carts. Discussion Staff's ability to negotiate a contractual agreement with a scavenger have been unsuccessful. The Village attorney, Mr, Hill has advised staff that Illinois statute mandates abandoned property be returned to its owner without benefit of any form of compensation from the owner. And, although the Village could compensate the scavenger from fees collected from merchants in violation of the shopping cart code, there has been no interest from scavengers tO enter such an agreement. While it appears the Village has little recourse other than to continue to collect the abandoned carts, revisions that will enhance the regulation and enforcement of fines imposed to merchants in violation of the code can be made. In reviewing current policies and procedures with Mr. Hill, it was determined that the fine can be increased to cover the Village's cost for collection and disposal, and unpaid fines can be added to the merchant's business license renewal fee. [The current $15.00 per cart fine would be increased to $75.00 per cart with no grace period.] To facilitate these revisions, changes to the collection and administration process would also be made. 1) Collection Abandoned shopping carts removed from a location other than store property would be returned to the store; ublic Works staff will obtain written acknowledgement including date and time from the store representative. 2) Administration Public Works will maintain the records documenting the removal and return of the abandoned carts. Quarterly reports will be submitted to the Finance Department for billing purposes. 3) Fines The Finance Department will bill merchants on a quarterly basis; $75 per cart. Outstanding fines would be added to cost of the annual business license. Recommendations It is staff's recommendation that the Village Board adopt the revised shopping cart ordinance (attached) which details the amended and new policies and procedures. Public Works staff are prepared to provide written notification to appropriate merchants and implement the new administrative and collection procedures. M. Lisa Angell i:\LAngelI\Usrdat\WORD\SHOPPINGCARTSMEMO 122003.doc ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 23, ARTICLE XXI OF THE VILLAGE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: Subsection C of Section 23.2102, entitled "Duties of Owner of Shopping Carts," shall be amended as follows: Reclamation Of Shopping Carls: It shall be the responsibility of the owner of any shopping cart to reclaim the cart, in the manner provided in this article, within three (3) days after receiving written notice of the cart's location. No such notice is required if the Village attempts to return the cart to the owner's premises. SECTION 2: Section 23.2103, entitled "Removal of Shopping Carts from Public and Private Property," of Chapter 23, Article XXI of the Village Code of the Village of Mount Prospect shall be amended by deleting in its entirety the current Section 23.2103 and inserting in lieu thereof a new Section 23.2103, entitled "Removal of Shopping Carts from Public and Private Property" to be and read as follows: 23.2103: REMOVAL OF SHOPPING CARTS FROM PUBLIC OR PRIVATE PROPERTY. Any shopping cart found off the owner's premises shall be promptly reclaimed by the owner. Any shopping cart located on public property shall be deemed abandoned property. Any shopping cart located on private property without the consent of the owner or lessee of such property shall be deemed abandoned property. The Village may remove and dispose of any abandoned shopping cart of which it has notice. SECTION 3: A new Section 23.2104, entitled "Return of Abandoned Shopping Carts" shall be inserted after Section 23.2103 with the remaining sections to be renumbered accordingly, and shall be and read as follows: iManage 125075 1 23.2104: RETURN OF ABANDONED SHOPPING CARTS: Any abandoned shopping cart, removed by the Village, may be returned to the owner, subject to the following conditions: When any abandoned shopping cart is removed by the Village, the Village shall maintain a log documenting the number of such shopping carts so removed. There shall be an abandonment and removal fee, as set forth in Appendix A, Division II of this Code, payable to the Village for each cart so abandoned and removed. This fee shall attach at the time of removal by the Village. If the fee remains unpaid, it shall be payable at the time of business license renewal as set forth in (C) below. C. The fee set forth in subsection B above shall be payable as follows: Any unpaid fees for abandoned shopping carts removed by the Village from and including December through and including November of the next year shall be added to and become a part of the owner's annual business license fee for the following year. (Example, fees for December 2002 through and including November 2003 shall be added to the 2004 annual business license fee). The fee for carts returned to any owner, which is not licensed to conduct business in the Village, shall be invoiced to the owner as the Director of Finance Department otherwise deten-nines appropriate. No business license shall be issued to any entity in the Village if that entity also has a business in another jurisdiction and that other business has outstanding removal fees. Nothing in this article shall require the Village to take any action to identify the owner of any abandoned shopping cart, which does not bear the required identification. Such unidentified shopping cans are declared to be of no value and subject to disposal by the Village within 30 (thirty) days of removal. SECTION 4: That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. iManage 125075 I AYES: NAYES: ABSENT: PASSED and APPROVED this day of ,2003. ATTEST: Velma W. Lowe, Village Clerk Gerald L. Farley, Village President iManage 125075 I