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HomeMy WebLinkAbout04/09/1996 COW minutes ~ ~ ~ ..... ~ REVISED ~' "~ ' ~ ~ ~ 4/23/96 ~" ' ....... *" ~'~ '* MINUTES ~ · COMMITTEE OF THE WHOLE ~ ~,~ .... APRIL 9, 1996 CALL TO ORDER ' ~ ' ~,' ~', ~ .' ~ Mayor Farley, called the meeting to order at 7,35 p m Present at the meeting were Trustees George'CIowes,:T~mothy Corcoran, R~chard Hendncks, Paul Hoefert, M~chaele Skowron and Irvana Wilks Also present were V~llage Manager Mmhael Janonm, rAss~stant V~llage ~Manager Dawd Strahl and Community Development D~rector Wilha, m Coo~ney II MINUTES I~ ~ ...... ? , ~, Minutes of March 26, 1996 ~Mobon made by Trustee Hoefert and Seconded by Trustee Wilks~ M~nuteswere approved unanimously Trustee Corcoran abstained III CITIZENS TO BE HEARD % , , ~, J~ None '~ "~ ~ ~ ~" ,'~" , ~'~ ~"-, IV. COMMERCIAL VEHICLES PARKED AND STORED IN RESIDENTIAL ZONING ~ ~ ' DISTRICTS CONTINUED DISCUSSION " f Mayor Farley provided a general overview of the topic and requested that the ~ Board attempt to come to a conclusion as to a possible solution of th~s ~ssue He · ' , ~ also stated that he w~ll accept public comment and then bring the subject back to the V~llage Board members for d~scuss~on and input Community Development D,rector Bill Cooney stated that the topic has been brought to the Board for d~scuss~on at th~s point because of a recent Court ruling which stated that the Village defin~bon of a commercial vehicle was too broad He stated that the ong~nal ~ntent of the Code was to permit a commercial vehicle less than 8,000 pounds to be stored w~thm a residential garage and prohibit storage of commercial vehicles larger than 8,001 pounds to be stored w~thm a res~denbal garage unless a Cond~tmnal Use Permit is secured Staff ~s requesbng d~recbon from the Vdlage Board to determine and clanfy the intent of the Code or modify the Code as necessary ~'~'~,'~ - ,' ~'~ Mr Cooney provided a general summary of the prewous discussion which took place m the fall of 1995 He also outhned the proposed staff definition of a commercial vehicle and hsted the four ~tems which came up during a prewous Vdlage Board d~scussmn on commercial vehicles The four ~tems which were d~scussed prewously ~nclude the follow~ng ,~ ," ~, 1: ~ -~Home occupancy ~;~,:~ ~',,,'2 ' ~,.,'~ Logos and adved~s~ng on vehtcles '". ~.,, ~3 ~,~.Regulat~on of the s~ze of the vehicles ~:~ ~, 4 "1.~Cons~stency ~f regulabon and enforcement . After the Committee of the ~ole d~scuss~on ~n the fall of 1995, the ~ssue of commercial vehicle parking was remanded to the ZBA for ~d~scuss~on and recommendation to the Vdlage Board The recommendabons fr~'~the ZBA are included m the packet of info.abort which has been prowded ~Staff has proposed '~,a ,number,of options.for, cons~derabon ~; Among those-~tems are I 1) No restrictions, 2) no s~gnage on the vehicles and no restncbon on the number of vehicles, 3) unhm~ted parking ~n the garage and one ~mmercial vehicle hm~ted to the driveway, 4) garage only parking of commercial ~h~cle~;' and 5)~omplete proh~b~bon of commercial vehicle parking ~n residenbal areas Staff re~mmended that commercial vehicles be hm~ted to garage storage only, however, the ZBA has re~mmended a ~ntra~ ~olut~on than the staff recommendabon~ Therefore;the ZBA re~mmendabon would sta~d'~nl~s~fi~e ~llage~B&a~ me~b~ vote to over-turn the ZBA recommehdat~on The g[st'&f the ZBA-~commendat~on was that the members were uncomfo~able re~mmendmg any restn~on,wh~ch would for~ residents and businesses out of town although they.were not opposed to ~plac~ng restrictions on some vehicles used for commercial purposes as long as these regulations were enforceable,, .~,~Jen7 Adams of 502 South Owen, spoke ' He felt that the V~llage Board was messing w~th people's I~vel~hoods and requested that the Village Board adhere to the ZBA recommendation as outhned, however, ~f the Village Board did determine that they wanted to restrict commercial vehicles, he suggested a grandfather clause be considered for exlsbng commercial vehicle owners Don Quinn, 401 North Wille, spoke ~'He had concerns about how the enforcement of such a regulation would take place He also stated that the V~llage Board ~s segregabng residents who have to ubhze a commercial vehicle for their hvehhood compared to an ~nd~wdual who may use the home as a base for a bus~ness s~m~lar to a white collar operabon He also requested reformation on the Court Case in quesbon that has forced th~s discussion ~n the first place Mike Collins, President of the Concerned Homeowners' Association, 1103 Ash Drive, spoke He stated he represents a group of 600 single-family residents and is here to speak on their behalf He favors some type of restnct~on on commercial vehicle parking ~and supports enforcement of'the Yegulabon He stated the neighborhood that he I~ves~ln has very small lots and the closeness of the ~properties'are not conducive to mulbple commercial vehicles He stated the vehicles are blocking s~dewalks and creating blind-spots which could create safety concerns He also felt the property was being devalued because commercial vehicles are parked ~n nelghbonng driveways He felt the vehicles should be restricted to be parked only in'garages ~or parked elsewhere overnight He recommended several solutions ~n'order to ehm~nate 'parking of commercial vehicles on driveways Among the alternatives suggested are the following items 1) Alternabve parking s~tes, 2) The V~llage could allow h~gher headers on garage doors; 3) Provide time to resolve parking issues for persons who own commercial vehicles He concluded by stabng that other towns have been'successful ~n regulating commercial vehicles In res~denbal neighborhoods and sees no reason why Mount Prospect could not als0 enforce the s~milar regulation Duane Meyers, $03 North Maple,~spoke' He asked where he was supposed to park if there was a restncbon on h~m parking in h~s own driveway He stated he has two trucks which he ubhzes for snowplowing and painting depending on the and works 12 15 ho~urs, pe~r ~ay Anthony Malogio, 1001 Grace Drive, spoke '~ He stated that his employer requires h~m to have a vehicle because he ~s on 24-hour notice and is required to respond if called He has attempted to park his truck elsewhere and the vehicle was burglarized. He stated that regulabons should be'considered for multiple trucks in residenbal neighborhoods Michael Stukbua/118 South Can-Dora, spoke ,;He stated that he keep a sen/~ce vehicle at home In order to respond for call-out ,,He also stated ~ that parking the truck mn his garage ~s unreasonable because of the limited raze of ~ the opening of h~s garage and any regulation would affect his hvehhood Jim Petemon, 1511 ~mh, spoke He has parked his commercial vehicle ~n h~s dnveway for 18 years and has not had any problems wRh neighbors or the Vdlage j~ncernmg h~s vehicle ~He requested a summa~,or a count of the number of ~mpla~nts the Wllage has recmved on th~s ~ssue ~ He stated that he suppo~s restncbons ~for multiple _vehicles ~parkmg~ ~n .the dnveways of, remdenbal neighborhoods ~ ~ Beve~ Ca~, 427 La.dale, spoke She stated that she has worked w~th her ~ nmghbors m the past to restrict speeding and tra~c flow w~thm the neighborhood She,also stated that if the Village were to consider.the regulations, they should also prowde parking alternatives to commercial vehicle owners who must pa~ ~elsewhere ~.She stated that ~n her, research of,~llmg other towns,about thmr . restrictions of ~mmeraal vehicles, other mun~c~palmes also enfor~ the regulation ': on a:~mpla~nt-only bas~s ..She ,stated that she suppo~s the garage plus one Vincent Cen~cchio, ~ 006 Grace D~e, spo~e, He stated he suppo~s the garage .t.plus one opbon He stated that as long as people keep their,vehicles ~n good ,~repmr and ~n good appearance, there should be no problem .He stated that any ~, restnct~ons besides the re~mmended garage plus.one opbon would drive blue ;.collar persons ~rom the Wllage and only en~urage out of town people to pedorm ;work for Wllage residents ~LHe ~tated there ~s a trend toward home-based work .... and regulabons of commermal vehicles w~ll ~nh~b~t that trend Clarence Bobik~, I~14 Meadow whereby commercial vehicles are only allowed to park'within a garage He has ~me to this conclusion pnmsnly bemuse a new nelghbor h~s recently moved in with five taxi ~bs Nan~ ~bike~, President of ~e Meado~ Homeo~e~' A~claUon, spoke She has seen what happens in Cou~ when the Wllage bnngs ~mplamts for ~ judgment -She stated the focus should be on defining what a commercial purpose ~ ~s and people running a business out of their home should be allowed as long as ~t doesn't affe~ the neighbors ,r She is suppRA~ve pf a,l~m~t on the number of ~,,veh~cles in residenbal areas Bill Dusick, 507 West Lonnquist,~spoke ~He operates a single commercial vehicle ~. and parks it ~n h,s driveway · He feels that commercial vehicle operators are just : as safe as any other drlvers ~:~. ~ ~ .~ ,~:' , ~·, ~ . Kevin Fanning, 601 South Emerson,'spoke He ~s supportive of Opbon C, the garage plus one proposal : ~ Paul Tait, 906 Sumac, spoke He feels the Ordinance ~s an invasion of pnvacy 'and the use of private property by the.Vdlage He does not own a vehicle of the "~ type being d~scussed and has no problems w~th neighbors who operate vehicles ~ ~n h~s neighborhood for commercial purpose." ~, ~ ~ , .'Ramon Rubio, 412 North Elmhurst Avenue, spoke He questioned when the Ordinance would be ~n force, for example, the brae of day that the Ordinance would be enforced He stated that Vdlage Code allows residents to park on the street for 20 hours per day and would only require vehicles to park in a garage for four hours per day ~He stated that ~f he happens to be working for a client and ~ h~s vehicle is parked ~n their driveway wh~le he ~s doing the work, wdl he be c~ted for a commercial vehicle In a res~denbal area ~ He estimates approximately 4,000 V~llage residents wdl be affected by any regulabon of commercial vehicles Hehas , received no complaints about h~s vehicles from his neighbors He stated that if the ~V~llage d~d proceed with the regulation they should also make a prows~on for larger 'garages at the same time w~thout hawngto'go through the lengthy approval process He presented a Pet~bon to the Vdlage Board containing 251 s~gnatures of which 62 s~gnatures were received at the meeting stating they are against the , regulations as submitted for discussion by the Village Board ~ ' Laura Van Keleave, 42~ North Emerson, spoke' She ~s here represenbng her father who happens to own a commercial vehicle She stated that these ' commercial vehicles'do not reduce property values as previously stated -Mayor Farley thanked the residents who provided their input and feels that all the issues have been brought out for the Village Board to consider ~,~ '- ' ' Members of the Village Board had numerous questions concermng the comments of the residents and also asked quesbons of staff on numerous other specific ~tems relating to the proposals Some consideration should be discussed ~n order to ' define what a commercial vehicle ~s Even though a number of the citizens who spoke d~d not have problems w~th their ne~ghbors,'there are problems in the neighborhoods where people are not good neighbors and th~s continues to be the problem LSome concern'was also expressed about pro-active enforcement and whether ,additional staff would be necessary 'Also,'th~s Ordinance has been on the books mnce 1980 when the Ordinance focused on trucks only ~,ln 1992, the defimbon was expanded to commercml vehicles and trucks ~n garages and ~n 1993, home n occupabon was added as a component of the Ordinance ~ A concern was raised relating to the use of mulbple vehicles w~th the home being a base for bus~ness and the effect on the neighborhood "The focus of the d~scuss~on should ~nclude the opportunity to allow commercial ~' vehmles w~thout a negative ~mpact on neighbors and neighborhoods, ,There was also concern raised about the vehicle types which are ubhzed and the ~mpact on garage s~zes In addition to numerous problems w~th vehicles m poor repair and ,,.~, w th poor appearance, the discussion should also focus on protecting single-family "d~stn~s from th~s encroachment ~ Businesses are allowing people to work from home and may be even allowing vehicle use as pa~ of their employment and the .Wllage'should be sensitive to.this change Even though many speakers th~s evemng were not suppo~lve of,any restn~ons,'.there are just as many, if not d more, residents that would prefer restrictions that are hesitant to come fo~ard for ~' fear of offending neighbors who operate commercial vehicles 'There was also some d~scuss~on on whether the question of commercial vehicles should be plaid on a Referendum ballot whl~ allows eye.one to padlc~pate the decision · There was also concern expressed about major alterations to garage structures to accommodate multiple ~mmerc~al vehicles Mayor Farley suggested a sub-committee be formed of Vdlage Board members and residents to d~scuss th~s ~ssue and prowde a re~mmendatmn to the Wllage '~Board for consideration; ~,q~ ,-.~, ;. ~:~ ¢.. , General, d~scuss~on,~,followed - among ,.the ~ Board: members: ~ncermng the subcommittee creabon suggestion Concern was raised about what the ~arge of ~the ~mm~ttee would be and what the solubon m~ght be ~f the Wllage Board does not agree w~th the recommendation of the ~mm~ttee Also, a need to re.graze the sltuabon as ~t exists and prowde a solution which would be equitable Also, -~ ~t was recommended that the Wllage look beyond ~mmumbes ~n the ~mmed~ate area to determine how they have addressed th~s ~ssue Con~nsus of ~e Village ~a~ ~s to create a subcomm~ee to fo~ulate a Mayor Farley will appoint two members of the Village Board and four residents to meet and discuss th~s issue The focus of the committee would be to estabhsh some form of regulation of commercial vehicles ~n residential neighborhoods V MANAGER'S REPORT Manager Janonis reminded that Coffee w~th Council is scheduled for April 13, 1996, at 9 00 a m VI, ANY OTHER BUSINESS Trustee Wilks asked what day Government Day has been scheduled for. Mr Janoms responded stating that April 30 has been estabhshed as Government Day for Mount Prospect Trustee Wilks also requested ~nformat~on on the status of the Mayoral Veto d~scuss~on Manager Janoms ind~cated it ~s h~s understanding the Board does not have to act on th~s ~ssue The veto w~ll remain ~n effect until November 30, 1996, at which time ,t will automat~cally lapse unless the legislature specifically grants veto authority or a Referendum grating the authority ~s approved at the November 5, 1996 elect~on Trustee Hendricks requested some follow-up reformation concerning t~me of day which refuse p~ck-ups occur and how cardboard ~s being recycled Trustee Clowes requested reconsideration of a floating or remote site for Coffee w~th Council in order to meet residents in various areas of the V~llage Closed Session was cancelled due to the late hour. VII, ADJOURNMENT The meeting was adjourned at 10 57 p m ~s~ .~u~ed, DAVID STRAHL DS/fcc Assistant V~llage Manager