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HomeMy WebLinkAbout12/05/1995 CS minutes MAYOR GERALD L. FARLEY TRUSTEES GEORGE A CLOWES TIMOTHY J. CORCORAN RICHARD N. HENDRICKS PAUL WM. HOEFERT MICHAELE W. SKOWRON IRVANA K. WILKS VILLAGE MANAGER MICHAEL E. JANONIS VILLAGE CLERK CAROL A. FIELDS ~&[Kiii'll&Jl. _ @&'i1'~ \ - '2..0 -0 L Village of Mount Prospect 100 South Emerson Street Mount Prospect. Illinois 60056 Phone: 708 / 392-6000 Fax: 708 / 392-6022 TOO: 708 / 392-6064 CON FIDENTIAL MINUTES CLOSED SESSION DECEMBER 5, 1995 The Closed Session was called to order at 10:08 p.m., in the second floor conference room of the Village Hall, 100 South Emerson Street, for the purpose of discussing Litigation. Present at the Closed Session were: Mayor Gerald Farley; Trustees George Clowes, Timothy Corcoran, Paul Hoefert, Michaele Skowron and Irvana Wilks. Absent from the Closed Session was Trustee Richard Hendricks. Also present were: Village Manager Michael Janonis, Village Attorney Everette Hill and Assistant Village Manager David Strahl. Village Board members present considered the Closed Session Minutes of November 8, 1995. It was noted that Trustee Corcoran was not present for that meeting and, as such, it was requested that the Minutes be revised to state that fact. On a Motion by Trustee Wilks, Seconded by Trustee Skowron, the Minutes of the November 8, 1995 were approved with the revision noting Trustee Corcoran's absence. Litigation ~ ~ ~W Trustee Clowes gave a brief overview of the recent meeting between members of T AP- Mount Prospect and Judge Earl Hoffenberg. The Village is currently appealing a decision by Judge Hoffenberg not to enforce the mandatory minimum fine set out in the Underage Drinking Ordinance. Trustee Clowes indicated that the meeting was amicable and that there was a good exchange of ideas. However, Judge Hoffenberg continues to oppose minimum mandatory fine provisions which take away his discretion in handing out punishment. The Board reaffirmed its position not to withdraw the pending appeal. Mr. Hill indicated that a decision from the Appellate Court should be issued soon. Trustee Wilks informed the Board about a recent meeting she had with the proprietors of the tattoo salon at Easyriders. The owners of Easyriders recently sought a temporary Restraining Order preventing the Village from shutting down the tattoo operation. The Village also currently has a local Ordinance Violation Ticket pending at the Rolling Meadows Court. Trustee Wilks indicated that the purpose of the meeting was to gather information regarding any professional training, certification or accreditation of the tattoo profession. Trustee Wilks was particularly interested in finding out what type of formal training regarding sanitation and hygiene was available to tattooists to ensure against the spread of disease. Trustee Wilks indicated that it was clear from the meeting that there was little formal training and regulation of this activity. ~ em (..~ L!J\ d ~N, @S ~ ( I~ L",l c:g ~@ After brief discussion, the Village Board reiterated its opposition to the presence of tattoo parlors within the Village. There was some discussion regarding a compromise position which would establish a regulatory scheme that would allow such parlors to operate within the Village if they met certain standards. Mr. Hill indicated that existing case law suggested that regulatory schemes had been upheld by the Courts while there was no clear judicial position with regard to total bans. Trustee Clowes felt the Village might consider developing a regulatory scheme because of the lack of judicial support for outright bans. Village Manager Michael Janonis informed Board members that Attorney Terry Barnacle of the law firm of Klein, Thorp and Jenkins, has been retained to review and formulate an opinion regarding recent actions by the Fire Pension Board granting certain retroactive benefits without corresponding retroactive contributions. Mr. Janonis indicated that Mr. Barnacle's initial impression of the issue was that the Pension Board action was questionable based on their fiduciary obligations as well as State Statute. Mr. Janonis indicated that he expected an opinion regarding this matter very soon. Potential Litigation Mr. Janonis reported to the Village Board that at a citizens' meeting held on Wednesday, November 29, 1995, regarding the Wisconsin Central Commuter Station in Prospect Heights, approximately 50 residents in attendance demanded that the Village Board take legal action to prevent further construction of the commuter station and platform. Mr. Janonis indicated that staff, in conjunction with Attorney Everette Hill, is looking at the legal basis and merits bringing legal action in this matter. Mr. Janonis wished to raise with the Village Board the preliminary findings that Metra had, in fact, built a portion of the commuter platform within the Village of Mount Prospect without receiving prior approval or appropriate Permits. Further, Mr. Janonis indicated that there was some question as to whether the City of Prospect Heights had followed its own Zoning regulations regarding the siting of the station and/or adjoining parking lot. If this was in fact the case, a Public Hearing should have been called at which time residents adjacent to the depot site would have had an opportunity to speak and raise objections. Mr. Hill indicated that it was unclear at this time whether Metra is required to submit to ' the jurisdiction of Mount Prospect with regard to permitting. Likewise, staff was analyzing the Prospect Heights' Zoning Code to determine if there were any irregularities in its application. Mr. Janonis indicated that a meeting with the City of Prospect Heights and Metra would be scheduled as soon as possible to raise the above legal issues and seek their response. Trustee Corcoran indicated that he would support filing Suit if, in fact, the City of Prospect Heights had not followed their own Zoning regulations. Staff and the Village Attorney were directed to continue all necessary research to determine the merits of sustaining a legal challenge to the siting of the commuter station and parking lot. Trustee Hoefert made a Motion and Trustee Wilks Seconded the Motion to adjourn the Closed Session. Upon roll call: Mayor Gerald Farley; Trustees George Clowes, Timothy Corcoran, Paul Hoefert, Michaele Skowron and Irvana Wilks, Closed Session adjourned at 11 :31 p.m. The regular meeting of the Village Board was adjourned at 11 :32 p.m. M EJ/rcc