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HomeMy WebLinkAbout02/01/2022 VB MinutesVillage of Mount Prospect Regular Meeting of the Village Board Tuesday, February 1, 2022 / 7:00 p.m. 1. CALL TO ORDER Mayor Hoefert called the Regular Meeting of the Village Board to order at 7:04 p.m. in the Board Room at Village Hall, 50 S. Emerson St. 2. ROLL CALL: Members present upon roll call by the Village Clerk: Mayor Paul Hoefert, Trustee Agostino Filippone, Trustee Terri Gens, Trustee John Matuszak, Trustee Peggy Pissarreck, Trustee Colleen Saccotelli and Trustee Richard Rogers a. Pledge of Allegiance — Led by Trustee Gens b. Invocation - Trustee Rogers provided the Invocation 3. APPROVAL OF MINUTES 3.1 Minutes of the Regular Meeting of the Village Board - January 18, 2022 Motion by Colleen Saccotelli, second by Richard Rogers to approve the subject minutes Yea: Agostino Filippone, Terri Gens, John Matuszak, Peggy Pissarreck, Colleen Saccotelli, Richard Rogers Final Resolution: Motion Passed 4. MAYORS REPORT 4.1 PROCLAMATION: Black History Month - February 2022 Mayor Hoefert read the proclamation honoring Black History Month into the meeting record. 4.2 ACCOLADES: A Resolution Acknowledging the Contributions of Jeffrey A. Wulbecker to the Village of Mount Prospect Mayor Hoefert presented and read aloud the resolution acknowledging retiring Village Engineer Jeff Wulbecker. The resolution highlighted Mr. Wulbecker's prolific career including his contributions to the development and construction of Levee 37, stormwater management initiatives, the Backyard Drainage Program and transportation improvement projects throughout the Village. Mr. Wulbecker spearheaded the popular Superstars competition for Village employees and led the Mount Prospect Retiree's Breakfast Club. Director of Public Works Sean Dorsey, on behalf of the Public Works staff, thanked Mr. Wulbecker for his many years of hard work, dedication, professional expertise, mentorship, innovation, energy and dry wit. 2 Mayor Hoefert, along with each member of the Board, expressed their deep appreciation and gratitude to Mr. Wulbecker. Mr. Wulbecker addressed and thanked the Board, his co-workers, family and friends who gathered to honor him. Motion by Richard Rogers, second by Peggy A. Wulbecker on his retirement Yea: Paul Hoefert, Agostino Filippone, Colleen Saccotelli, Richard Rogers Nay: None Final Resolution: Motion Passed Resolution No. 3-22 Pissarreck to approve the Resolution honoring Jeffrey Terri Gens, John Matuszak, Peggy Pissarreck, Mayor Hoefert announced a two -minute recess at 7:34 p.m. to allow visitors time to exit the Boardroom without disruption. Mayor Hoefert resumed the meeting at 7:36 p.m. Mayor Hoefert took a moment to remind those attending Board meetings must follow the Cook County mask mandate 5. COMMUNICATIONS AND PETITIONS - CITIZENS TO BE HEARD Steve Polit Mount Prospect resident • The "brilliance of Jeff Wulbecker" was his ability to make sense out of complicated and technical -laden reports and studies for all to understand. Vito LiRosi Mount Prospect resident • Disappointed by virtual meetings; the discussion of important topics should have been postponed until in-person meetings resumed • Not recognized to speak at the past two virtual meetings • Inquired about the process to remove a commissioner from a board/commission • Questioned the protocol/practice of communication between trustees and residents Bill Scott Mount Prospect resident • Expressed concern regarding the cost of hiring a Diversity, Equity and Inclusion (DEI) consultant for the Village • Was not recognized to speak during the virtual meetings Dutch DeGroot Mount Prospect resident • Did not get opportunity to speak at virtual meetings • Expressed concern with the cost of hiring a DEI consultant 6. CONSENT AGENDA Trustee Pissarreck requested the removal of item 6.3 from the consent agenda. Mayor Hoefert granted the request and announced the item will be discussed immediately after the approval of the amended consent agenda. 6.1 List of Bills - January 12, 2022 to January 25, 2022 - $1,598,346.12 6.2 Motion to approve the purchase of task and conference room chairs for Village Hall from Thomas Interiors in an amount not to exceed $147,579.82 3 6.3 Motion to waive the rule requiring two readings of an ordinance and adopt AN ORDINANCE PROHIBITING THE USE OF GROUNDWATER AS A POTABLE WATER SOURCE NEAR 611 NORTH MAIN STREET and A RESOLUTION AUTHORIZING AN ENVIRONMENTAL INDEMNITY AGREEMENT WITH 1 BUILDING, LLC TO ALLOW CONTAMINATED SOIL TO REMAIN IN PUBLIC RIGHTS-OF-WAY NEAR 611 NORTH MAIN STREET (removed from the consent agenda for separate discussion) 6.4 MOTION TO ACCEPT PROPOSAL FROM MERCURY ASSOCIATES, INC FOR DEVELOPMENT OF AN ELECTRIC VEHICLE TRANSITION PLAN AND REVIEW OF THE VEHICLE REPLACEMENT FUND FOR AN AMOUNT NOT TO EXCEED $39,930.00. 6.5 Motion to waive the rule requiring two readings of an ordinance and adopt an ORDINANCE PROPOSING THE ESTABLISHMENT OF THE MOUNT PROSPECT ELK GROVE TOWNSHIP FIRE AND EMERGENCY MEDICAL ASSISTANCE SPECIAL SERVICE AREA IN THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS AND PROVIDING FOR A PUBLIC HEARING AND OTHER PROCEDURES IN CONNECTION THEREWITH Ordinance No. 6602 Motion by Richard Rogers, second by Colleen Saccotelli to approve the amended consent agenda Yea: Agostino Filippone, Terri Gens, John Matuszak, Peggy Pissarreck, Colleen Saccotelli, Richard Rogers Nay: None Final Resolution: Motion Passed 6.3 Motion to waive the rule requiring two readings of an ordinance and adopt AN ORDINANCE PROHIBITING THE USE OF GROUNDWATER AS A POTABLE WATER SOURCE NEAR 611 NORTH MAIN STREET and A RESOLUTION AUTHORIZING AN ENVIRONMENTAL INDEMNITY AGREEMENT WITH 1 BUILDING, LLC TO ALLOW CONTAMINATED SOIL TO REMAIN IN PUBLIC RIGHTS-OF-WAY NEAR 611 NORTH MAIN STREET. Director of Public Works Sean Dorsey presented the subject ordinance and accompanying resolution. Mr. Dorsey stated the commercial property at 611 North Main Street is the site of a former dry cleaning business that was in operation for several years beginning in the 1950s. A leaking underground storage tank (LUST) was identified in 2005. The current owners of the property, 1 Building, LLC have petitioned the Village for a groundwater use restriction ordinance which would restrict the use of groundwater as a drinking source near the site. This will satisfy the Illinois Environmental Protection Agency requirements for a "No Further Remediation" letter, formally resolving the LUST incident. Mr. Dorsey stated a dry cleaning chemical agent was the source of contamination. Mr. Dorsey stated the contaminated site was remediated, using chemical oxidation to degrade the harmful chemicals; a process that began in 2018. Current site samples from the property indicate no signs of contamination, confirming the process to remediate the chemicals was a success. The site satisfies the IEPA Tier 1 clean-up objectives. Mr. Dorsey stated the proposed ordinance prohibits the use of groundwater as a drinking water source for the entire site as well as a portion of Judith Ann Drive and Main Street in front of the subject property. The restriction also applies to the commercial properties north and south of the former dry cleaner site. Mr. Dorsey stated the environmental indemnity agreement protects the Village from costs and claims associated from dealing with contaminated soil or groundwater at or near the site. Environmental consultant for the Village reported the site remediation was successful. Mr. Dorsey stated the consultant also analyzed five (5) years of water samples from Deep Well 5 to determine water quality. Samples indicated water is free of contamination. 4 Mr. Dorsey and Village Attorney Lance Malina provided the following in response to questions from the Board: • Property owners have already signed the Indemnity Agreement; • If the proposed ordinance is not passed by the Village, the property owner could petition the IEPA to obtain the NFR (No Further Remediation) letter • Indemnity Agreement runs with the property/land; a change in ownership will not affect the indemnity agreement • Consultants calculated the contamination plumes and ground impact area • Property owners to the south are aware of remediation efforts; owners to the north were not affected by contamination (no evidence of contamination) • IEPA will issue the NFR letter if they believe the land has been remediated, with or without passage of an ordinance No further discussion. Motion by John Matuszak, second by Colleen Saccotelli to waive the rule requiring two readings of an Ordinance Yea: Agostino Filippone, Terri Gens, John Matuszak, Peggy Pissarreck, Colleen Saccotelli, Richard Rogers Nay: None Resolution: Motion Passed Motion by Richard Rogers, second by Peggy Pissarreck to approve the subject ordinance and resolution Yea: Agostino Filippone, Terri Gens, John Matuszak, Peggy Pissarreck, Colleen Saccotelli, Richard Rogers Nay: None Final Resolution: Motion Passed Ordinance NO. 6601 and Resolution No. 4-22 7. OLD BUSINESS None S. NEW BUSINESS 8.1 1st reading of AN ORDINANCE AMENDING CHAPTER 13 "ALCOHOLIC LIQUORS" OF THE VILLAGE CODE OF MOUNT PROSPECT, ILLINOIS Executive Assistant to the Village Manager Doreen Jarosz presented an ordinance amending portions of Chapter 13 of the Village Code. Ms. Jarosz provided information on key updates to the existing Chapter 13 Code including: • Class "F" license holders must follow State mandated guidelines regarding the sale and delivery of "to go" mixed drinks that include package, labeling and delivery. • Guidelines regarding "Growlers to Go" labeling, cleaning and sanitizing, and limits on size of growler (up to 128 fluid ounces) • Retail delivery of alcohol; allows for the delivery of package alcohol in the retailer's parking lot, curbside or delivery to consumer's home. Retailers must follow State guidelines including delivery hour restrictions, age verification and record keeping • Addition of a "Sip and Shop" certification • Class "S-4" (gourmet beverage shop) license holders may opt for a "Tap Room Certification," allowing gourmet beverage shops to offer the consumption of beer or wine on premise; snacks must be available at all times. Ms. Jarosz presented proposed updates relating to video gaming; 5 Annual gaming terminal fees imposed by the Village will be shared equally between the terminal operator and licensee as allowed by the Illinois Gaming Board; the Mount Prospect annual fee is $1,000 per terminal. Liquor License holders of "Class F-6" (Golf Courses) will have the opportunity to offer video gaming in their Club House restaurants. Public Comment: Christine Ferraro Executive Director, Old Orchard Country Club Kurt Zundel Owner, Mr. Beef n' Pizza Chris Bozonelos Ms. P and Me Ms. Ferraro, Mr. Zundel and Mr. Bozonelos each expressed support for the proposed ordinance that will ease some of the financial burden attributed COVID -19 and the rising costs of goods and services. Board Comments: • Thanked Ms. Jarosz for her efforts and guidance to amend the Liquor Code that will help support Village businesses • Proposed amendments will benefit businesses; pleased to see gaming terminal fees amended Ms. Jarosz and Village attorney Lance Malina answered questions from the Board and provided clarification. Trustee Saccotelli proposed a minor change to the draft ordinance regarding retail package delivery times. Trustee Saccotelli suggested Section 20 be changed from prohibiting delivery between the hours of 11:00 p.m. and 9:00 a.m. to the hours between 11:00 p.m. to 8:00 a.m. to accommodate traditional work schedules. There was Board consensus to support this change. Motion by Richard Rogers, second by Peggy Pissarreck Motion to waive the rule requiring two readings of an Ordinance Yea: Agostino Filippone, Terri Gens, John Matuszak, Peggy Pissarreck, Colleen Saccotelli, Richard Rogers Nay: None Resolution: Motion Passed Motion by Richard Rogers, second by John Matuszak to approve the amended ordinance Yea: Agostino Filippone, Terri Gens, John Matuszak, Peggy Pissarreck, Colleen Saccotelli, Richard Rogers Nay: None Final Resolution: Motion Passed Ordinance No. 6603 8.2 1st Reading of AN ORDINANCE GRANTING A CONDITIONAL USE TO OPERATE A MASSAGE THERAPY ESTABLISHMENT AT THE PROPERTY 1050 SOUTH ELMHURST ROAD (PZ -24-21) Director of Community Development Bill Cooney presented an ordnance granting a conditional use to operate a massage therapy establishment at the property 1050 South Elmhurst Road, located in the Golf Plaza II shopping center. Mr. Cooney stated the petitioner, Sunny G. Corp. proposes to operate a day spa with hair styling, bodywork, skin care and massage. There will be no changes to the existing floor plan. The 6 previous tenant was not required to go through the conditional use process because it was an existing massage therapy business at the time the code was amended to require a conditional use. Mr. Cooney stated the Planning and Zoning Commission recommended approval of the request by a vote of 4-0. Mr. Cooney stated the petitioner is present to answer questions. In response to a question from the Board, Mr. Cooney stated the petitioner has completed all required background checks. Petitioner George S. Kim responded to a question from the Board, stating this location is the only day spa he operates. Mr. Kim added his wife, a licensed cosmetologist and massage therapist, likes the location for its existing layout. Mr. Kim stated he signed a 10 -year lease with the landlord. Motion by Colleen Saccotelli, second by Richard Rogers to waive the rule requiring two readings of an Ordinance. Yea: Terri Gens, John Matuszak, Peggy Pissarreck, Colleen Saccotelli, Richard Rogers Nay: None Abstain: Agostino Filippone Resolution: Motion Passed Motion by Richard Rogers, second by Colleen Saccotelli to approve as presented Yea: Terri Gens, John Matuszak, Peggy Pissarreck, Colleen Saccotelli, Richard Rogers Nay: None Abstain: Agostino Filippone Final Resolution: Motion Passed Ordinance No. 6604 9. VILLAGE MANAGER'S REPORT No report 10. ANY OTHER BUSINESS Several members of the Board thanked the Public Works department for keeping the streets of Mount Prospect clean and clear during the recent snowfall. 11. ADJOURNMENT With no additional business to conduct, Mayor Hoefert asked for a motion to adjourn. Trustee Matuszak, seconded by Trustee Rogers motioned to adjourn the meeting. By unanimous voice call vote, the February 1, 2022 regular meeting of the Village Board of Trustees adjourned at 8:45 p.m. Respectfully submitted, Karen M. Agoranos Village Clerk 7