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HomeMy WebLinkAbout05/28/1996 COW minutes ~ '~ ~ ~ '~ " ~ . ~ REVISED 6/~4/96 ' ~ ~ 'MINUTES ~ ·; ~ ~, ,~ -~* COMMITTEE OF THE WHOLE ~ ' ~ '~ ~' MAY 28 1996 I CALL TO ORDER ~ ' Mayor Farley~lled the meeting to order at 7 37 p m ~- Present at the meebng ~'were Trustees George Clowes,~ T~mothy Cor~ran, PauI.Hoefe~, M~chaele ~ Skowron and I~ana ~lks Trustee R;~ard Hendn~s amved at 8 55 p m Also ~ '~present were Wllage Manager M~chael Janoms, Assistant Wllage Manager Dawd Strahl and Commumty Development Director ~lham Cooney II MINUTES M~nutes of May 14, 1996 Mohon made by Trustee ~lks~and Se~nded by Trustee Skowron to ac~pt the Minutes Minutes were approved unanimously. III . CITIZENS TO BE HEARD ~ ~ ~ ~ :None~ ~ ., ~ IV COMMERCIAL VEHICLE PARKING IN RESIDENTIAL ZONING DISTRICTS ~ ' Mayor Farley prowded a'general ove~ew of the Comm~ffee stm~ure The ~ Committee Included ~o Trustees and four residents from Mount Prospe~ ~ Tm~ Sko~n prowded an ~ntrodu~on of the Comm~Eee members and stated that the Committee met a total of three braes to ~eate the do~ment presented to the Board th~s evening She stated that the Ord~nan~ goes ba~ approximately "-sixteen years and was ongmally created to address vehicles over 8,000 pounds pa~ed ~n res~denbal neighborhoods The prewous Ordinan~ had been enfor~d on a ~mplalnt-only barns However, a feint Cou~ mhng found the defimbon of a ~mmer~al vehicle to be ~nappropnate for proper enfor~ment The Wllage Board originally sent the Ordlnan~ to the Zoning Board of Appeals for consideration and re~mmendabon for the Wllage Board to ~ns~der after the ZBA ml~ng However, the ZBA prowded a re~mmendaflon to the Wllage Board wh~ d~d not resolve the in,hal problems ~dent~fied m the Ord~nan~ A Committee was formed to report to the V~llage Board and ~ts charge was to find a common ground for enforcement Trustee Skowron stated that many of the elements contained ~n th~s report are very s~m~lar to the staff report which was ~ ~pre~/~ously presented to the V~llage Board She prowded a general overview of the recommendatmns from the Committee Among the ~tems rewewed was a defin~bon of a commercial vehicle and how the definition Is apphed to Residential D~stncts She also stated that the Committee felt that one commercial vehicle on a property was sufficient regardless~of where the vehicle was parked The Committee would recommend the proposed Ordinance include a prows~on which encourages the vehicles to be placed out of site so the neighborhoods could be preserved She also stated the vehicle must fit w~th~n the d~mens~ons of an envelope defined in the recommendatmn S~gnage w~ould be grandfathered and the general hm~tat~on of s~gnage has a bas~s rooted in the current S~gn'Ord~nance ..... of the V~llage whereby such s~gnage would be hm~ted to 25% of a vehmle The ' s~gnage would have to be covered after a date specific and any new commer~al ~;veh~cles would be required to,cover the;s~gnage when,they move into the ~ community The Committee also felt that the 25% of the vehicle would be eas~er to cover than a h~gher percentage of s~gnage on the vehicle ~ Commerc~a tra~lers would be prohibited ~n res~denbal areas Trustee Skowron concluded her comments by stabng the total height allowed ~ would be 8 feet w~thout roof attachments ? ., ,,~,· ~/:.~ :~ ,~, ~ Trustee Hoefert spoke He wanted to thank Trustee Skowron for chalnng the committee an forging a compromise that all Committee members could accept He stated the general idea of all Committee members wa"~"the p¥ot&cbon of the residential neighborhoods for all people He sa~d there was also some concern raised about the enforcement of the Ordinance on a complaint bas~s and he would . personally prefer active enforcement pro~dur_es ..........~ .,~, , ~**',, ~.~i ~Nancy Bobikewicz,',1114 Meadow Lane, spoke She sa~d the general goal of the /Committee was to get the vehicle to fit ~nto the same footp~nnt as a vehicle of a non-commercial nature would She stated that she would personally prefer nothing ~to be on top of the veh~cle~and would prefer grandfathenng .of 12-18 months · . instead of 5 years as proposed in the recommendation ,r, - .W ~'-~? ~ BeVerly Can', 427 Larkdale, spoke '-:She wanted to thank the Committee members ~ for compromising in order to arrive at a recommendation. ~.. ~, ~: ~. ~ Ra~;mon Rubio, 412 North Elmhurst, spoke ''~' He wanted to thank the Committee for their efforts He also would hke~to see the V~llage~prowde parking for · commer~al vehicle owners whmh may have mulbple vehicles because they sbll need a pla~e to go He was concerned that people may have to move out of their homes because they could not park multiple vehicles ~n the driveway and has a concern about who m~ght move ~n w~th the departure of such residents Finally, he stated that the felt the Ordinance would have an effect on approxJmately 4,000 vehicles ~n Mount Prospect and felt Mount Prospect was no d~fferent than how ~'many other towns dealt w~th commercial vehicle parking * % General comments b~ the Village Board members followed. ~Among the Items discussed included the Items below. ~: Some d~scuss~on took place regarding the definJbon of commerc;al veh;cle and 'some members had concerns that commuter ~;ans~and pubhc veh;cles were excluded from the rules defining what a commercial veh;cle ~s Some d~scuss~on ~ also took ~)lace ~,oncern~ng the amount of s~gnage as a percentage which covers the veh;cle and how that percentage was arnved at Also, ;f s~gnage was to be I~ ~g ,cove, red, why set a ercen e amount of coverage hm~t to beg~n w~th Some d~scuss~on also took place concerning the equipment which may be carned w~thm a vehicle which would cause ~t to be considered a commercial vehicle Trustee Skowron responded to a number of the concerns raised by the various ~Bo~rd members She spoke as a representabve of the Committee which drafted the regulabons The s~gnage percentage hm~t was arrived at based on the current S~gn Code and the Committee wanted to allow the s~gnage to easily be covered The Committee also came to no consensus on the mode of enforcement of the Ordinance And, finally, the Committee d~d not want to address equipment which may be stored ms,de of a ~vehicle and d~d not want to go beyond the defin~bon prowded to the V~llage Board ~n terms of a commercial vehicle ~' :: ~Bob Sco~se, ~11 South Albert, '~SlSOke · He stated that,he felt the Ord~nanca should be enforced on a complaint bas~s He stated that he has concerns about ~veh~cles parking wherever possible'on a residenbal property and urged the Board to prohibit all materials stored ~n racks on the top of a vehicle He felt too many excepbons ~n the Ord~nan~,e for the various vehicle types would create problems m enforCement and the vehicles should be hm~ted to garage storage only Paul Tat&, 90~ Sumac, spoke~ He wanted to thank the'Committee for ~ts work and felt that there should be some s~gnage allowed if the s~gnage were mandated to be included on the vehicle He also d~d not see~a need to change from a complaint enforcement bas~s to a proacbve enforcement bas~s c-,Don Quinn, 401 North Wille, spoke He requested ~nformatlon as to the Judge ~ who made the original ruhng inval~dabng the V~llage Ordinance He has concerns ~, about language which would not prohibit an .18-wheeler type vehicle to be used ~ for commuting ', He also stated that he had concerns about the w_ordmg ~n the , Ordinance which stated, ."not hmlted to,': allows for !nterpretabon by enforcement personnel He felt the s~ze of the vehicle hm~tabons should affect all vehicles not ~,~ lust commercial vehicles in residential areas - · ..... Harold Rentschler,.424 Larkdale Lane, spoke ~ He.s~tated he has hved In Mount Prospect for 30 years He stated that ~f the vehicle ~s parked out'of s~ght, then ~ people tend not to nobce the commer~al vehicle in a residential area. He also felt that the Ordinance should address the quahty.of the ma~ntena~nce of the vehicle and ~ts appearance ~Marilyn Arm$~-ong, 506 North Eastwood, spoke 8he stated that she d~d not own a commercial vehicle and would recommend the V~llage Board accept the proposal [ as presented and would be supporbve of enforcement on a complaint-only bas~s Joel Sims, 1816 Azalea, spoke He feels that all h~s conslderabons have been taken ~nto account to come up w~th th~s compromise and would recommend V~llage ,Board approval of the recommendation ,~ ~ ~, .,- - ~ Additional comments from V~llage Board members included a concern that debris from the job s~te should not be brought home ~n addition to the la~nds..cape debns ,prohibition as stated ~n the ,Ordinance .-~There was also some concern as to ,whether ~t was reahst~c to force the s~gnage to be cavere~l and the Board may want to consider hcense fee for a s~gn-hke permit for vehicle slgnage - ,The,~Vlllage Board dec~ded to break the ,~ltems~ contained w~th~n the '-recommendabon into various components~or d~re~on' to~ st.afl ~ .Th& items are hsted as follow~ , , - ~ ~ , .... ~ ~ '~ 1~ s ~, Proactive enforcement No consensus as to whether the enforcement will ~ ~ - be proactive or complaint-only ~,Sta_ff is~to follow:up todetermme'posslble ., ~ i meffects of proacbve enforcement compa, red to compl,a~nt-on, ly ~enforcement -" - Defimbon of commercial vehicle ,Board members felt that there ~s a need V % ~ to address the separate use of a commercial vehicle for person~ use and anc411ary equipment and constructmn-type vehicles should be included in the .... ,~.' definition , Construction-type vehicles would be ~tems such as backhoes or ~ ~ ,~,: ~ ~sk~d-steer vehicles , Staff is to follow up w~th ~sugge. st.logs as to~how~ these ~. ~ ~ items could be included m the defin~bo~n. ;:~, ~ ? p,. , :,.,. ~;. Consensus of the Village Board wa accept the 'definil:1on ~ suggestions from staff with possible revisions. Definition of single vehicle hmlt for res~denbal property Consensus of the Village Board was to accept this recommendation of a single vehicle per msldenfl?l property. L~m~t such a vehicle t~3 f*our whe~ls only. ~ Consensus nfthe Village Board was to request staffto revise the definition , to address commercial vs. personal use vehicles and not tie the definition specifically to a B-plate according to the Illinois Vehicle Code. Refrigerated or specialty-purpose vehicles Consensus of the Village Board was to ensure that tow trucks and dump trucks were also included In this definition and otherwise ,'accept the recommendation from the Committee. Defin~bon of a specialty ass of vehicles Wllage staff was to draft some examples of what specialty ~:lass Of vehicles might entail Storage of vehicle outside the garage Consensus of the Village~ Board wes to prioritize location of the vehicle outside the garage area as a component of the Ordinance for Informational purposes. The Board also felt that the Information contained In the May 13, 1996 Minutes nfthe Committee was appropriate for use as direction for storage of the vehicle In a garage location. S~gnage on the vehicle Consensus ~f the Village Board we~ to request staff to provide examples of the percentage of signag~ which may appear on a vehicle for the Board to consider as P?rtnf ,lhe deliberations to approve the Ordinance. The box or s~ze of the ~eh~cle Consensus of the Village Board was to make sure there was clear definition or limitations as to how high the vehicle would be with the additional ladder racks. 5 Village Manager Janon,s stated th~s recommendabon wou d move forward to the ~. ~ Vdlage Board for final d~spos~tion However, at the Village Board level, there would be a need to d~spose of the ZBA recommendabon which came to the Vdlage Board originally before the sub-co~nm~ttee was create~l ' Mr Janoms recommended that the Vdlage Board should try to,resolye the issue of the ZBA case w~thout sending the recommendabons of the sbb-committee back to the ZBA for discussmn -~ ~.Trustee Wilks responded that th~s ~te as ~vell as other ZBA'cases which see substanbal changes at th~ Village Board level should, ~n her opinion, be returned to the ZBA for rewew and further recommendabor~ ~ V. .VILLAGE MANAGER'S REPORT · ..Village ManagerJanonis stated that there had been no flooding within the borders of Mount Prospect due to the heav~J rains and the current water level of the Des Pla~nes R~ver is receding as we speak He also stated that due to the absence of two Board members and the Vdlage Manager, he would poll the Village Board on June 4 to determine whether there was a need for the June 18 Vdlage Board ~ meetlng~,.~,~ ,~ .~,~,..j ,, .,, . .-.,,, VI. ANY OTHER BUSINESS ' Trustee Clowes requested staff and the V~llage Attorney rewew re~ent Tort Reform ~ !eg,slabon changes to determlne, w~a..t t~he~exp?sur,e ?f~ ViIlage~oard members m~ghtbe~. ;, ~ ~ . VII. ,, ADJOURNMENT , ; ...... ., , The meebng was adjourned at 10 44 p m ~' Respectfully submitted, ~- '~ "~ ' ' ~ ~AVID STRAHL~ ~ DS/rcc Assr?rant V!l!age. Manager~, ,-. . 6