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HomeMy WebLinkAbout2. DRAFT MINUTES 7/15/03CALL TO ORDER ROLL CALL PLEDGE INVOCATION MINUTES OF THE REGULAR MEETING OF THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT July 15, 2003 CALL TO ORDER Mayor Farley called the meeting to order at 7:06 p.m. ROLL CALL Present: Absent: Mayor Gerald Farley Trustee Paul Hoefert Trustee Richard Lohrstorfer Trustee Michaele Skowron Trustee Irvana Wilks Trustee Michael Zadel Trustee Timothy Corcoran PLEDGE OF ALLEGIANCE Trustee Hoefert led the Pledge of Allegiance. INVOCATION Trustee Lohrstorfer gave the invocation. MINUTES APPROVAL OF MINUTES Trustee Zadel, seconded by Trustee Skowron, moved to approve the minutes of the special meeting held June 10 2003. Upon roll call: Motion carried. Ayes: Hoefert, Lohrstorfer, Skowron, Zadel Nays: None Abstain: Wilks Absent: Corcoran Trustee Corcoran arrived at this time. The June 17, 2003 minutes were presented for approval. Trustee Lohrstorfer noted one correction, after which Mayor Farley called for a vote on the minutes of the regular meeting held June 17, 2003, as corrected. Upon roll call: Motion carried. Ayes: Hoefert, Lohrstorfer, Skowron, Zadel, Wilks Nays: None Abstain: Corcoran Trustee Zadel, seconded by Trustee Skowron, moved to approve the minutes of the regular meeting held July 1, 2003. Upon roll call: Motion carried. Ayes: Corcoran, Lohrstorfer, Skowron, Zadel Nays: None Abstain: Hoefert, Wilks BILLS, FINANCIAL REPORT APPROVE BILLS & FINANCIAL REPORT Mayor Farley stated that an asterisk noted the next item on the agenda, "APPROVE BILLS", and that all items further listed in that manner would be considered with one vote under as "IX. CONSENT AGENDA." MAYOR'S REPORT APPOINTMENTS MAYOR'S REPORT An ordinance was presented to amend Chapter 13 (Alcoholic Liquors) by increasing the number of Class "R" liquor licenses by one for Burrito Express, Two West Busse Avenue. Village Manager Michael Janonis stated that due to ongoing negotiations between the property owner and the petitioner, this case should be deferred to next meeting. Trustee Hoefert, seconded by Trustee Wilks, moved to defer the liquor license ordinance as presented to the August 5, 2003 Village Board meeting. Upon roll call: Motion carried. Ayes: Corcoran, Hoefert, Lohrstorfer, Skowron, Zadel, Wilks Nays: None There were no appointments to boards or commissions. CITIZENS TO BE HEARD COMMUNICATIONS AND PETITIONS - CITIZENS TO BE HEARD None. CONSENT AGENDA BILLS FINANCIAL REPORT ORD. NO. 5349, AMEND CH. 11 CONSENT AGENDA Village Manager Janonis asked that item "X.OLD BUSINESS.I (Ordinance amending Chapter 25 of Village Code)" be removed from consent agenda status. Trustee Lohrstorfer, seconded by Trustee Zadel, moved for approval of the following business items: Bills, dated July 9, 2003 Financial Report, dated January 1-June 30, 2003 Ordinance No. 5349: AN ORDINANCE AMENDING CHAPTER 11 (MERCHANTS AND BUSINESSES) OF THE VILLAGE CODE OF MOUNT PROSPECT Upon roll call: Ayes: Nays: Motion carried. Corcoran, Hoefert, Lohrstorfer, Skowron, Zadel. Wilks None OLD BUSINESS AMEND CH. 8, HOME RULE SALES TAX ORD. NO. 5342 NTION CODE AMEND CH. 8, HOME RULE SALES TAX OLD BUSINESS At this time several amendments to Village Code Chapters 8, 11, and 17, and amendments to Appendix A of the Code, were considered. An ordinance was presented to amend Section 8.1102 (Imposition of Tax) by increasing the home rule sales tax by 0.25% for tangible personal property. George Clowes, 604 S. Elm Street, stated his opposition to the proposed tax increase. Trustee Zadel, seconded by Trustee Lohrstorfer, moved for approval of Ordinance No. 5342: AN ORDINANCE AMENDING APPENDIX A - DIVISION II (FEES, RATES, & TAXES) OF THE VILLAGE CODE OF MOUNT PROSPECT Upon roll call: Ayes: Nays: Motion carried. Corcoran, Hoefert, Lohrstorfer, Skowron, Zadel. Wilks None An ordinance was presented which would amend Section 8.1202 (Imposition of Tax) by increasing the home rule sales tax by 0.25% for sales of service. ORD. NO. 5343 AMEND CH. 8, TELECOMMUNI- CATIONS TAX ORD. NO. 5344 AMEND CH. 8, UTILITY TAX ORD. NO. 5345 AMEND CHAPTER8, FOOD& BEVERAGETAX ORD. NO. 5346 AMEND CH. 17, VEHICLE LICENSE RATES Trustee Hoefert, seconded by Trustee Zadel, moved for approval of Ordinance No. 5343: AN ORDINANCE AMENDING APPENDIX A- DIVISION Il OF THE VILLAGE CODE OF MOUNT PROSPECT Upon roll call: Ayes: Nays: Motion carried. Corcoran, Hoefert, Lohrstorfer, Skowron, Zadel. Wilks None An ordinance was presented to amend Section 8.1502 (Telecommunications Tax) by increasing the telecommunications tax by 1.75%. Trustee Zadel, seconded by Trustee Lohrstorfer, moved for approval of Ordinance No. 5344: AN ORDINANCE AMENDING APPENDIX A- DIVISION II OF THE VILLAGE CODE OF MOUNT PROSPECT Upon roll call: Ayes: Nays: Motion carried. Hoefert, Lohrstorfer, Skowron, Zadel. Wilks Corooran The Board considered an ordinance which would amend Section 8.1601 (Gross Receipts Tax Imposed) by deleting language which defines a specific effective dates for utility tax rates. Appendix A, Section 8.1601 is amended by deleting language that defines the rate change date. Trustee Hoefert, seconded by Trustee Zadel, moved to approve Ordinance No. 5345: AN ORDINANCE AMENDING CHAPTER 8 (VILLAGE GOVERNMENT MISCELLANEOUS PROVISIONS) AND APPENDIX A- DIVISION II OF THE VILLAGE CODE OF MOUNT PROSPECT Upon roll call: Ayes: Nays: Motion carried. Corooran, Hoefert, Lohrstorfer, Skowron, Zadel. Wilks None An ordinance was presented to amend Chapter 8 and Appendix A of the Village Code. Section 8.902 (Imposition of Tax) would be amended by deleting language that defines a specific effective date for the food and beverage tax. Appendix A, Section 8.902 would be amended by deleting language that defines the rate change date. Trustee Zadel, seconded by Trustee Lohrstorfer, moved to approve Ordinance No. 5346: AN ORDINANCE AMENDING CHAPTER 8 (VILLAGE GOVERNMENT MISCELLANEOUS PROVISIONS) AND APPENDIX A - DIVISION II OF THE VILLAGE CODE OF MOUNT PROSPECT Upon roll call: Ayes: Nays: Motion carried. Corcoran, Hoefert, Lohrstorfer, Skowron, Zadel. Wilks None An ordinance was presented to amend Chapter 17 and Appendix A of the Village Code. The ordinance would amend Section 17.103 (License Fees) by deleting the effective date for vehicle license rate changes. Appendix A, Section 17.105, is amended by deleting language that defines the rate change date. ORD. NO. 5347 Trustee Zadel, seconded by Trustee Lohrstorfer, moved for approval of Ordinance No. 5347: AMEND CH. 8, MOTOR FUEL TAX DATE ORD. NO. 5348 AMEND CH. 25, DEFERRED TO AUGUST 25, 2003 AN ORDINANCE AMENDING APPENDIX A- DIVISION II OF THE VILLAGE CODE OF MOUNT PROSPECT Upon roll call: Ayes: Nays: Motion carried. Hoefert, Lohrstorfer, Skowron, Zadel. Wilks Corcoran The Board considered an ordinance which would amend Section 8.1807 (Expiration Date) of the Code by deleting the expiration date of the municipal motor fuel tax. Trustee Lohrstorfer, seconded by Trustee Zadel, moved for approval of Ordinance No. 5348: AN ORDINANCE AMENDING CHAPTER 8 (GOVERNMENT & MISCELLANEOUS PROVISIONS) OF THE VILLAGE CODE OF MOUNT PROSPECT Upon roll call: Ayes: Nays: Motion carried. Corcoran, Hoefert, Lohrstorfer, Skowron, Zadel. Wilks None The next agenda item, "X.OLD BUSINESS.I," an ordinance amending Chapter 25 of the Code, was listed for consent agenda approval, however Village Manager Janonis had previously asked that the item be removed from consent agenda status. At this time, Mr. Janonis requested the Board defer the ordinance to the August 5 meeting, due to public interest and to allow more time for discussion. The ordinance, as presented, places the liability of unpaid debts to the Village on both the tenant and the landlord when a renter has moved from the premises. Trustee Wilks, seconded by Trustee Lohrstorfer, moved to defer the above business item, an ordinance amending Chapter 25, to the August 5, 2003 meeting of the Village Board. Upon roll call: Ayes: Nays: Motion carried. Corcoran, Hoefert, Lohrstorfer, Skowron, Wilks, Zadel None NEW BUSINESS AMEND ORD. NO. 5263, 208 NElL AVE. ORD. NO. 5350 NEW BUSINESS An ordinance was presented for first reading, which would amend Ordinance No. 5263 (7/16/02) by extending the Conditional Use permit approved for an unenclosed porch at 208 Neil Avenue. Staff supported the petitioner's request for the extension. Trustee Lohrstorfer, seconded by Trustee Zadel, moved to waive the rule requiring two readings of an ordinance. Upon roll call: Ayes: Nays: Motion carried. Corcoran, Hoefert, Lohrstorfer, Skowron, Wilks, Zadel None Trustee Wilks, seconded by Trustee Lohrstorfer, moved for approval of Ordinance No. 5350: AN ORDINANCE AMENDING ORDINANCE NO. 5263 GRANTING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 208 NElL AVENUE PZ18-03 420 N. FAI RVI EW AVE., PATIO PZ- 20-03 402 N. ELM ST., PORCH ORD. NO. 5351 PZ 23-03 1302 DOGWOOD LANE, PORCH ORD. NO. 5352 Upon roll call: Ayes: Nays: Motion carried. Corcoran, Hoefert, Lohrstorfer, Skowron, Wilks, Zadel None An ordinance was presented to grant a variation for the construction of a patio in the side yard setback at 420 N. Fairview Avenue. The Planning and Zoning Commission had recommended approval by a vote of 4-0. The Village Code requires a 20-foot setback and the petitioners were requesting a 3-foot setback. The majority of Board members expressed concerns that the paved area would be too extensive for the size of the lot, and there were concerns about setting a precedent for future similar cases. This case will be presented for second reading at the August 5, 2003 Village Board meeting. An ordinance was presented to grant a Conditional Use permit for an unenclosed, covered porch to encroach up to five-feet into the 30-foot front setback at 402 N. Elm Street. The Planning and Zoning Commission had recommended approval by a vote of 4-0. Trustee Corcoran, seconded by Trustee Skowron, moved to waive the rule requiring two readings of an ordinance. Upon roll call: Ayes: Nays: Motion carried. Corcoran, Hoefert, Lohrstorfer, Skowron, Wilks, Zadel None Trustee Corcoran, seconded by Trustee Lohrstorfer, moved for approval of Ordinance No. 5351: AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 402 NORTH ELM STREET Upon roll call: Ayes: Nays: Motion carried. Corcoran, Hoefert, Lohrstorfer, Skowron, Wilks, Zadel None The Board considered an ordinance to grant a Conditional Use permit for an unenclosed front porch and a variation to enlarge the attached garage at 1302 Dogwood Lane. The Planning and Zoning Commission had recommended approval by a vote of 4-0. Trustee Zadel, seconded by Trustee Skowron, moved to waive the rule requiring two readings of an ordinance. Upon roll call: Ayes: Nays: Motion carried. Corcoran, Hoefert, Lohrstorfer, Skowron, Wilks, Zadel None Trustee Zadel, seconded by Trustee Skowron, moved for approval of Ordinance No. 5352: AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT AND A VARIATION FOR PROPERTY LOCATED AT 1302 DOGWOOD LANE Upon roll call: Ayes: Nays: Motion carried. Corcoran, Hoefert, Lohrstorfer, Skowron, Wilks, Zadel None 5 PZ-19-03 AMEND CH. 14, REZONING, KENSINGTON CTR., MEDICAL OFFICE ORD. NO. 5353 PZ 16-03 501 db DRIVE, COMMUNITY CENTER PZ 04-03 300 E. RAND RD., COMMUNITY CENTER An ordinance was presented to amend Chapter 14 (Zoning) of the Village Code to allow for"Office, business and professional" buildings in the I-1 Zoning District. The Planning and Zoning Commission had recommended approval by a vote of 4-0. The text amendment was requested to include medical office use (laboratory and doctors' offices) within the Kensington Business Center. Currently the petitioners are considering several addresses in the subdivision for a five-doctor medical office, which will possibly include radiology services. Trustee Hoefert, seconded by Trustee Zadel, moved to waive the rule requiring two readings of an ordinance. Upon roll call: Ayes: Nays: Motion carried. Corcoran, Hoefert, Lohrstorfer, Skowron, Wilks, Zadel None Trustee Hoefert, seconded by Trustee Lohrstorfer, moved for approval of Ordinance No. 5353: AN ORDINANCE AMENDING CHAPTER 14 (ZONING) OF THE VILLAGE CODE OF MOUNT PROSPECT Upon roll call: Ayes: Nays: Motion carried. Corcoran, Hoefert, Lohrstorfer, Skowron, Wilks, Zadel None The Board considered a request to grant a Conditional Use permit for the construction of a community center at 501 db Drive. The project has received approval (4-0) from the Planning and Zoning Commission. Several representatives of Niagara Educational Services, Inc., were present and addressed the Board's concerns. Board members questioned the availability of the center to all ethnicities, as the owners are all of Turkish descent, on-site sleep accommodations, overnight supervision of the facility, scope of educational programs, frequency and scope of food preparation and dining, and noise from the db Sound Studio, which will share the building. It was explained that the facility would be fashioned after the Chicago Athletic Club, focusing more on athletics, with open membership. Lodging accommodations are to be available only to guest speakers and visitors, not allowing for extensive stays. It was stated that there would be 24-hour building supervision. Staff and project representatives discussed the above matters at length and will have a second reading of the ordinance at the August 5, 2003 Village Board meeting. Two ordinances were presented for consideration, one for the rezoning of property at 300 East Rand Road from B-4 (Business Retail & Service) to B-3 (Community Shopping), and the other for a Conditional Use permit to operate a community center at that same location. As in the case presented prior to this one, the Board questioned the petitioner for specifics regarding hours of operation, alcohol on the premises, on-site lodging for guests, facility supervision, scope of educational programs. Additionally, since the facility will be named the Asian Cultural Center, there were concerns as to whether the center would be openly available to people of other cultures. The petitioner addressed the Board's concerns favorably, however several residents that live in the immediate vicinity of the proposed center (Windsor Drive, Garwood Drive) were present and stated their opposition to the project. Most complaints from residents were elated to the recent removal of trees and bushes from these resident's properties, allegedly without their knowledge or permission. Traffic concerns were also noted, and a petition was presented to document homeowners' expectations relative to the fences and landscaping. This ordinance will be presented for second reading at the August 5, 2003 Village Board meeting. VILLAGE MANAGER'S REPORT OTHER BUSINESS ADJOURNMENT VILLAGE MANAGER'S REPORT Mr. Janonis reminded the audience of the upcoming downtown block party on July 26; the annual event is sponsored by the Village and local park districts and businesses. ANY OTHER BUSINESS Trustee Hoefert, referring to statements made by Mayor Farley earlier in the meeting, stated his displeasure that anyone might think that he or other Board members are insensitive or incapable of relating to certain requests from petitioners. A request was considered earlier, in which the property owner lives on a corner lot, creating unique problems with certain remodeling. He indicated that it was implied that unless one has experienced certain situations, he/she might not be as sensitive or understanding as would be preferred. ADJOURNMENT Mayor Farley declared the meeting adjourned at 10:08 p.m. Velma W. Lowe Village Clerk HACLKO\files~WIN~,IINUTES~July 15, 2003,doc