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HomeMy WebLinkAbout2. Minutes 03/01/2011MINUTES OF THE REGULAR MEETING OF THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT March 1, 2011 CALL TO ORDER Mayor Wilks called the meeting to order at 7:07 p.m. ROLL CALL Present: Mayor Irvana Wilks Trustee Hoefert Trustee John Korn Trustee John Matuszak Trustee Steven Polit Trustee Michael Zadel Absent: Trustee Arlene Juracek PLEDGE PLEDGE OF ALLEGIANCE Trustee Korn led the Pledge of Allegiance. INVOCATION INVOCATION Trustee Matuszak gave the Invocation. APPROVAL OF MINUTES Mayor Wilks stated a revised copy of the draft minutes are to be considered for approval by the Village Board. She asked the Village Clerk to review the revision to the March 1, 2011 Village Board meeting minutes. Village Clerk Lisa Angell identified the following revision to the minutes: Page 4, Item E. under the Mayor's report. Approval of Ordinance 5832 — An ordinance amending Chapter 13 (Alcoholic Liquors) of the Village of Mount Prospect (Approval of liquor license issued to Pei Wei Restaurant). Original draft minutes listed Trustee Korn as voting Nay; Trustee Korn's vote was corrected to show he was Absent when the vote was taken. (Trustee Korn had briefly stepped out of the meeting during the vote.) Trustee Korn stated, had he been present he would have voted yes. Trustee Korn, seconded by Trustee Zadel, moved to approve the revised minutes of the regular Village Board meeting held March 1, 2011. Upon roll call: Ayes: Hoefert, Korn, Matuszak, Polit, Zadel Nays: None Motion carried. APPROVE BILLS APPROVE BILLS Mayor Wilks stated the next item on the agenda, "APPROVE BILLS" was noted by an asterisk for approval under "IX. CONSENT AGENDA." However, as there were no other items for approval by Consent, Mayor Wilks requested approval of bills be considered at this time. Trustee Zadel, seconded by Trustee Polit, moved for approval of bills dated February 10 — 23, 2011: Upon roll call: Ayes: Hoefert, Korn, Matuszak, Polit, Zadel Nays: None Motion carried. Minutes of the Regular Meeting of the Page 1 of 6 Mayor and Board of Trustees March 1, 2011 of the Village of Mount Prospect MAYOR'S REPORT MAYOR'S REPORT A. Amend Chapter 13; Emerson Ale House, 133 Emerson Street Class "F -3" liquor license Mayor Wilks presented for a first (1 reading an ordinance to amend Chapter 13 (Alcoholic Liquors) of the Village Code. This ordinance grants a Class "F -3" liquor license AMEND CHAPTER to Emerson St. Grill Inc., d /b /a Emerson's Ale House, 133 South Emerson Street. 13 (ALCOHOLIC LIQUORS) OF THE Trustee Hoefert, seconded by Trustee Zadel, moved to waive the rule requiring two VILLAGE CODE (2) readings of an ordinance: Upon roll call: Ayes: Hoefert, Korn, Matuszak, Polit, Zadel Nays: None Motion carried. Village Manager Michael Janonis provided background information stating the applicant has completed the application process including review and discussion of the Village's liquor license regulations. Mr. Sam Papageorge and Mr. Chris Kavelas co- owners were in attendance. Mr. Papageorge provided additional information and responded to questions from the Village Board. Mr. Papageorge indicated interior remodeling continues but anticipates opening the restaurant the first (1 week of May. He distributed menus for the new restaurant to the Mayor and Village Board. Trustee Korn, seconded by Trustee Zadel, moved for approval of Ordinance No. 5835: AN ORDINANCE AMENDING CHAPTER 13 (ALCOHOLIC LIQUORS) OF THE MOUNT PROSPECT VILLAGE CODE ORD 5835 Upon roll call: Ayes: Hoefert, Korn, Matuszak, Polit, Zadel Nays: None Motion carried. APPOINTMENTS APPOINTMENTS Mayor Wilks presented the following appointment for the Village Board's approval: Community Relations Commission Appointment Robin Rose Term to expire February 2014 Trustee Hoefert, seconded by Trustee Zadel, moved to approve the appointment as listed above: Upon roll call: Ayes: Hoefert, Korn, Matuszak, Polit, Zadel Nays: None Motion carried. Mayor Wilks and Trustee Korn commented on knowing Ms. Rose while she was growing up in Mount Prospect and thanked her for taking on a leadership role in the community. Stating she looks forward to serving on the Commission, Ms. Rose thanked the Mayor and Village Board for her appointment. CONSENT AGENDA CONSENT AGENDA Bills were approved under Approve Bills; there were no other items listed for approval by consent. COMMUNICATIONS AND PETITIONS — CITIZENS TO BE HEARD CITIZENS TO BE Mr. Mal Holec HEARD 927 Quince Lane Minutes of the Regular Meeting of the Page 2 of 6 Mayor and Board of Trustees March 1, 2011 of the Village of Mount Prospect Mr. Holec wanted to comment on the proposed liquor license for the soon to open AMC theater at Randhurst. Mayor Wilks stated this item would be discussed under Old Business item A. Amend Chapter 13, Alcoholic Liquors and he could share his comments at that time. OLD BUSINESS OLD BUSINESS A. 2 reading of an ordinance amending Chapter 13 (Alcoholic Liquors) and Appendix A, Division II of the Mount Prospect Village Code. AMEND CHAPTER 13 (ALCOHOLIC Mayor Wilks provided background information regarding the lengthy process and LIQUORS) OF THE comprehensive revisions to Chapter 13. Noting that the ordinance as presented has a VILLAGE CODE number of revisions including a new classification for movie theaters Mayor Wilks stated if the Village Board wanted to discuss the liquor license classification for a movie theater separate from the other items in the ordinance, parliamentary procedures allow for "dividing the question." Mayor Wilks explained the procedures for (1) Division of the Question; motion and second - if the vote is favorable (2) Adopt the ordinance not related to movie theaters; motion and second- if the vote is favorable (3) Deferral of ordinance related to movie theaters; motion and second. Following this procedure would allow the Village to adopt the revisions to the Village Code not related to the movie theater and defer discussion and consideration of the ordinance related to the movie theater until March 15, 2011. [Village Manager Michael Janonis provided copies of the procedures for the motions related to the ordinance under consideration.] Trustee Hoefert, seconded by Trustee Zadel, moved to divide the question in such a manner as to only consider the sections of the ordinance amending Chapter 13, Appendix A, Dvision II of the Village Code that do not relate to movie theaters. Trustee Polit requested clarification of the ordinance amending Chapter 13 under the Mayor's report that listed one (1) class S -5 License with conditions attached to License. Mayor Wilks stated the one (1) class S -5 License with conditions attached to License was for Nina's Restaurant. Upon roll call: Ayes: Hoefert, Korn, Matuszak, Polit, Zadel Nays: None Motion carried. Trustee Hoefert, seconded by Trustee Zadel, moved to adopt, on second (2 reading, amendments to Chapter 13, Appendix A, Division II of the Village Code that do not relate to movie theaters. Village Manager Janonis highlighted the revisions that had been made to the ordinance as discussed and recommended at the February 15, 2011 Village Board meeting regarding a Limited Liability Company (LLC); Section 14 item 3. The language was modified to narrow the application of the regulation to managing partner or member of LLC only; does not include local on -site managers. Upon roll call: Ayes: Hoefert, Korn, Matuszak, Polit, Zadel Nays: None Motion carried. Trustee Hoefert, seconded by Trustee Zadel, moved to defer consideration of amendments to Chapter 13, Appendix A, Division II of the Village Code that relate to movie theaters to the March 15, 2011 Village Board meeting. Minutes of the Regular Meeting of the Page 3 of 6 Mayor and Board of Trustees March 1, 2011 of the Village of Mount Prospect Upon roll call: Ayes: Hoefert, Korn, Matuszak, Polit, Zadel Nays: None Motion carried. Mayor Wilks stated consideration of the ordinance that relates to movie theaters was deferred until March 15th. Public Comments Mr. Holec stated he and his wife enjoy going to theater and usually go once a week. Although he is not anti - alcohol he does not support serving alcohol in theaters. In a community that prides itself on being family oriented this does not make sense. If the ordinance is approved he will not patronize the AMC theater Mayor Wilks stated discussion of the ordinance regarding the movie theater liquor license would also be allowed this evening. Mayor Wilks stated AMC theater had requested a deferral of the ordinance until March 15, 2011 and therefore no representatives were in attendance. However, Ms. Irene Bahr, legal counsel for AMC and Mr. Jim Conroy, Randhurst construction manager were present. Ms. Bahr and Mr. Conroy indicated the primary purpose for their attendance was to share questions, comments and concerns discussed at tonight's meeting with AMC representatives. AMC representatives will have the information in response to the Village Board's questions, comments and concerns at the March 15 meeting. Village Board Discussion /Questions Several questions specific to existing theaters that serve alcohol and AMC theaters were presented: • Is there a list of theaters in this area that serve alcohol; Trustees would like to research. [Village Manager Janonis stated there is an incomplete list; a complete list will be made available to the Village Board within the next week.] • Are any AMC theaters on the list? [Mr. Conroy stated Yorktown theater is on the list — alcohol is limited to one (1) theater; must be 21 to enter.] • How and what type of controls are in place at theaters serving alcohol; how will AMC control serving alcohol at the Randhurst AMC theater. [Mayor Wilks stated the proposed ordinance incorporates several requirements for licensing for a movie theater including the use of wristbands, location of the bar outside the theater and separate from concessions, and serving of alcohol.] • Is AMC theater prepared to have 21 theater if that is the Village Board's decision or do you need entire theater for consumption of alcohol? • How many people will be on -site to monitor alcohol serving and usage? • Village needs to have an understanding of where the industry is going with this; market driven? Trustee Matuszak shared copies of the Lombard Village Code regarding the liquor license for a movie theater. (attached) The license issued to the Yorktown theater allows the serving of alcohol to a one (1) screen movie theater and access is limited to individuals age twenty -one (21) and older. Trustee Matuszak had several questions regarding the sale of alcohol specific to AMC theaters and also asked if information was available on the number /identity of municipalities that have denied requests for a movie theater liquor license. Trustee Polit described the Yorktown theater; must go into theater restricted to individuals twenty -one years of age to access the bar. There is no mixing of individuals under the age of twenty -one and those over twenty -one with access to alcohol. Trustee Polit indicated he thought the Village's ordinance would be similar to the Lombard ordinance, allowing for one (1) twenty -one (21) theater not all theaters. Objects to having non - drinkers and drinkers in same theater. He added there should be discussion regarding the type of food offered at the theatre in relation to the service of alcohol. Minutes of the Regular Meeting of the Page 4 of 6 Mayor and Board of Trustees March 1, 2011 of the Village of Mount Prospect Mayor Wilks stated over one (1) year ago AMC approached the Village about serving alcohol at the theater. Since that time she has met extensively with Village Attorney, Everett Hill, Chief of Police John Dahlberg and Village Manager Janonis to discuss the request, and how to regulate and provide a safe and controlled environment for the serving of alcohol at a movie theater. The proposed ordinance that would allow a liquor classification for movie theaters includes regulations to maximize control of the sale /consumption of alcohol; wristbands, location of the bar (outside of the theater and separate from concessions) as well as restrictive procedures for the sale of alcohol. She added that the AMC theater, in their application, did not request a lounge area. The ordinance was written for movie theaters in general; not specific to the AMC theater at Randhurst. In response to the concern regarding the availability of alcohol in an environment that mixes individuals twenty -one and over with those under the age of twenty -one (21) Mayor Wilks stated a bowling alley is a similar environment; a family /social environment that serves alcohol. Trustee Matuszak questioned the comparison of a bowling alley to a dark movie theater; not the same environment. He does not believe the safeguards intended to maximize the control for serving alcohol in the theater are adequate; (1) how to monitor alcohol use in a dark area and (2) easy transference of a wristband to an underage drinker. The proposed ordinance that would allow alcohol to be served in a movie theater is a policy decision the Village Board needs to make separate from the AMC application. Trustee Zadel indicated he believes the comparison of the bowling alley and theater is a comparable analogy. He stated the ordinance as drafted would affect all movie theaters. It is important to know the trend of the movie theater industry; need to consider what is required to help businesses in Mount Prospect succeed. Trustee Hoefert stated liquor laws are evolving and it is the responsibility of AMC to check -out the competition. Regarding the exposure of alcohol use by adults to minors - comparison of bowling alleys and restaurants is not far off. The issue is the dark space of a theater; controls need to be in place. This ordinance will not be approved unless adequate and acceptable controls are in place. Trustee Korn requested further clarification of what alcohol service would be allowed in theaters; full service bar or only wine and beer. He also questioned whether each theaters at the new Randhurst AMC will be playing a different movie or there would duplication in theaters which would make a 21 only theater feasible. Mr. Conroy stated the Village Board had raised many questions that made this a valuable fact finding opportunity. The questions and concerns will be shared with AMC representatives so clarification and answers are available at the March 15 Village Board meeting. Mr. Conroy further stated AMC theater is on the same side of the Village to avoid liability or jeopardize the success of the theater. Ms. Bahr stated there would also be to clarify whether 21 theaters currently in existence were mandated by local ordinance or rather a policy of the venue for marketing purposes. In response to a question regarding the use of wristbands Village Manager Janonis reviewed the language of the ordinance regulating their use; use is not discretionary but may be waived at some point if written request is submitted to liquor commissioner and acceptable substitution controls are in place. Mayor Wilks stated in addition to the AMC representatives, Mr. Hill and Chief Dahlberg would also be in attendance at the March 15 Village Board meeting. PZ- 17 -10, 501 B. PZ- 17 -10, 501 Midway Drive, Niagara Educational Services, Inc. MIDWAY DRIVE 2 nd reading of an ordinance granting a Conditional Use permit to operate a community CONDITIONAL USE center and school. Minutes of the Regular Meeting of the Page 5 of 6 Mayor and Board of Trustees March 1, 2011 of the Village of Mount Prospect Village Manager Janonis stated the petioner requested deferral of this item until the March 15, 2011 Village Board meeting. Upon roll call: Ayes: Hoefert, Korn, Matuszak, Polit, Zadel Nays: None Motion carried. Mayor Wilks stated this item will be brought back as a second (2 reading at the March 15, 2011 Village Board meeting. NEW BUSINESS NEW BUSINESS None. MANAGER'S REPORT VILLAGE MANAGER'S REPORT There were no other items or public information announcements. OTHER BUSINESS OTHER BUSINESS Trustee Korn reminded residents that in accordance with the Village Code all decorations from the holiday season should now be down. Village Manager Janonis stated reminder letters to residents with outdoor decorations have started going out. Trustee Polit encouraged residents to dine at the recently opened PEI WEI restaurant at Randhurst. CLOSED SESSION CLOSED SESSION Mayor Wilks stated there was no need for discussion of Personnel 5 ILCS 120/2 (c) (1) as listed on the agenda but the Village Board would need to enter Closed Session to discuss: LITIGATION 5 ILCS 120/2 (c) (11) - Litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court or administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the Basis for the finding shall be recorded and entered into the minutes of the closed meeting. PERSONNEL 5 ILCS 120/2 (c) (2) - Collective negotiating matters between the public body and its employees or their representatives, or deliberations concerning salary schedules for one or more classes or employees. Trustee Zadel, seconded by Trustee Polit, moved to meet in Closed Session to discuss LITIGATION 5 ILCS 120/2 (c) (11) and PERSONNEL 5 ILCS 120/2 (c) (2). Upon roll call: Ayes: Hoefert, Korn, Matuszak, Polit, Zadel Nays: None Motion carried. The Village Board entered Closed Session at 8:30 p.m. ADJOURN ADJOURN The Village reconvened in Open Session at 9:00 p.m.; there being no further business to discuss the March 1, 2011 Village Board meeting adjourned at 9:02 p.m. M. Lisa Angell Village Clerk Minutes of the Regular Meeting of the Page 6 of 6 Mayor and Board of Trustees March 1, 2011 of the Village of Mount Prospect //,- //, P 0-f- /o "? 60 � r� Alcoholic Beverages consumption by patrons of a hotel on the premises of a hotel without a restaurant (manager's reception). Beer and wine only packaged sales to patrons of the hotel shall also be allowed provided all beer and wine on display for sale shall be kept in a locked display case with only the cashier being able to unlock said display case. Beer and wine only may also be sold to patrons of the hotel for consumption on the premises of the hotel from a managed bar area. If the hotel currently has a Class "0" liquor license, said hotel need not also obtain a Class "T -II" liquor license. Class "U'— Alcoholic beverages served as an adjunct to food service; no package sales allowed; service bar only with no seating at the bar (Small Restaurant). Class "X" — Alcoholic beverages served as adjunct to a one (1) screen movie theatre. Fc service may be provided as an adjunct to the mo theatre and the service of alcoholic beverages. package sales allowed and entry into the movie then shall be limited to only individuals of not less d twenty-one (2 1) years of age. Class "Y -I" — Package sales of Italian beer and Italian wine as an adjunct to a delicatessen selling primarily Italian food items with less than 3000 square feet of interior space, but with not less than 450 square feet of said space devoted to a deli area for the sale of fresh and /or prepared on the premises food items, and with not less than 1200 square feet of said space devoted to a kitchen area, not accessible by the public, for use in the preparation of prepared foods sold in the deli area. The area set aside for liquor sales and storage shall not exceed five percent (5 %) of the non - kitchen floor area of the delicatessen. Class "Y -II" — Package sales of Shannon's private label wine by a butcher shop. Class "Z" — Alcoholic beverages served as an adjunct to food service at a location that also brews beer on the licensed premises. The sale of beer brewed on the licensed premises for carry -out shall be allowed in containers of not larger than sixty-four (64) ounces in size; with all other package sales prohibited. (Restaurant/Brew Pub). Class "ZZ" — Package sales of beer and wine only, as an adjunct to a convenience store with gasoline sales which, at the time of said convenience store's annexation to the Village, had a valid DuPage County liquor license, subject to the following conditions: 31 I. The beer and wine sales area shall be segregated from the sales area for general merchandise; 2. Not more than twenty percent (20 %) of the floor area of the convenience store may be set aside for the sale of beer and wine. For purposes of determining the allowable beer and wine sales area, the licensee shall submit a floor plan of the convenience store at the time of application for the license. Areas of the convenience store, to which access by customers is prohibited, shall not be counted in the floor area calculation; and 3. Sales of beer and wine shall be made at a cash register dedicated solely to the sale of beer and wine, with no other merchandise being sold using said cash register. (Ord. 5426, passed 2/2/04; Ord. 5544, passed 9/2/04; Ord. 5984, passed 2/l/07; Ord. 6263, passed 11/6/08) § 112.13 AVAILABILITY. (A) The number of authorized licenses shall be limited to the following: Class "AB -I" - 8 Class "AB -II" - 8 Class "AB -III" - 15 Class "AB -IV" I Class "C" - 4 Class "D" - 3 Class "E -I" - 0 Class "E -II" - 1 Class "F" - 4 Class "FF" 0 Class "G" - 2 Class "H" - 4 Class "I" - 3 Class "J" - Open Class "K" - 2 Class "L" - 1 Class "M" - 1 Class "N" 2 Class "04" - 3 Class "0 -II" - 0 Class "Q" - 0 Class "R" - 1 Class "S" - 0 Class "T-I" - 1 Class "T -II" 1 Class "U" - 3 Class "X" - 1 Class "Y -I" - 1 Class "Y -II" 0