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Home My WebLink About2. DRAFT MINUTES 8/2/05 MINUTES OF THE REGULAR MEETING OF THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT August 2, 2005 CALL TO ORDER CALL Mayor Irvana Wilks called the meeting to order at 7:04 p.m. TO ORDER ROLL CALL ROLL CALL ROLL CAL Present: Mayor Irvana Wilks Trustee Timothy Corcoran Trustee Paul Hoefert Trustee John Korn Trustee Richard Lohrstorfer Trustee Michaele Skowron Trustee Michael Zadel PLEDGE PLEDGE OF ALLEGIANCE Trustee Corcoran led the Pledge of Allegiance. PLEDGE INVOCATION INVOCATION Trustee Lohrstorfer gave the invocation. INVOCATION APPROVAL OF MINUTES INVOCATIO MINUTES APPROV Trustee Corcoran, seconded by Trustee Zadel, moved for approval of N the minutes from the July 19, 2005 Village Board Meeting. Upon roll call: Ayes: Korn, Skowron, Wilks, Zadel Nays: None Abstain: Corcoran, Hoefert, Lohrstorfer Motion carried. APPROVE BILLS BILLS Mayor Wilks stated the next item on the agenda, "APPROVE BILLS” was noted by an asterisk, and all items further listed in that manner would be considered with one vote, as business item "IX. CONSENT AGENDA." MAYOR’S MAYOR’S REPORT REPORT None. APPOINTMENTS APPOINTMENTS None. CITIZENS TO COMMUNICATIONS AND PETITIONS - CITIZENS TO BE HEARD BE HEARD None. CONSENT AGENDA At the request of Trustee Skowron, “XI. NEW BUSINESS. A, CONSENT AGENDA A RESOLUTION AUTHORIZING THE EXECUTION OF A RESTRICTIVE COVENANT FOR SIDEWALK IMPROVEMENTS AT 815 and 901 SOUTH EDGEWOOD LANE” was removed from the Consent Agenda for separate consideration. Trustee Korn, seconded by Trustee Skowron, moved to approve the following business items: BILLS & OTHER 1. Bills, dated July 14-27, 2005 2. Request for Board acceptance of the Comprehensive Annual ITEMS UNDER Financial Report for the year ended December 31, 2004 CONSENT 3. Request for Board acceptance of the Single Audit Compliance Report for the year ended December 31, 2004 4. Request for Board Acceptance of the Report on Compliance with Public Act 85-1142 (TIF) for the year ended December 31, 2004 4. Audit 5 . Request for Board acceptance of the Auditor’s Management Letter for the year ended December 31, 2004 6. Request for approval of the 2005-2009 Capital Improvements Plan 7. Request for authorization to perform an intersection traffic control study by KLOA in an amount not to exceed $25,000. Upon roll call: Ayes: Corcoran, Hoefert, Korn, Lohrstorfer, Skowron, Zadel Nays: None Motion carried. OLD BUSINESS OLD BUSINESS An ordinance was presented for second reading to amend the official zoning map of the Village for property located at 1101 S. Linneman Road. The ordinance rezones the subject property from RX (Single Family Residential District) to R1 (Single Family) and R2 (Attached Single Family) to allow for a 50-unit town home development with PZ-11-05 7 single-family residences. The Planning and Zoning Commission 1101 LINNEMAN recommended denial of the petitioner’s request by a vote of 4-3. ROAD An ordinance granting a Conditional Use permit and variations for the planned unit development at 1101 S. Linneman Road was also presented for a second reading. The ordinance grants a Conditional Use permit for a PUD to allow the construction of the 50 unit-town home development with 7 single-family residences, and a variation for the height of the town homes. The Planning and Zoning Commission recommended denial of the petitioner’s request by a vote of 4-3. Mr. Patrick Brankin, attorney for the petitioner, Mitroff Group, requested approval for the petitioner’s plan as submitted. Mr. Brankin stated the proposed development is an appropriate use for the site and complies with all the standards of the Village Code. Mr. Brankin also responded to questions from the Village Board. At the close of Mr. Brankin’s remarks, Mayor Wilks stated that both ordinances would require a super majority for Board approval. Mr. Edward Hoefert, 602 S. Na Wa Ta, attorney for the adjacent property owners opposing the proposed project, stated the development would be an intrusion, creating traffic and drainage problems for homeowners in the area. Mr. Allan Szumanski, 665 Bel Aire, stated he was speaking as the collective voice of the 800+ residents residing in multifamily housing near the proposed development who also oppose the project. He reiterated many of the concerns expressed by Mr. Hoefert. 2 Trustee Zadel, seconded by Trustee Skowron, moved to concur with the recommendation of the Planning and Zoning Commission to deny the request to amend the official zoning map of the Village for property located at 1101 South Linneman Road. Upon roll: Ayes: Corcoran, Hoefert, Korn, Lohrstorfer, Skowron, Zadel Nays: None Motion carried, request denied. Trustee Zadel, seconded by Trustee Hoefert, moved to concur with the recommendation of the Planning and Zoning Commission to deny the request for a Conditional Use permit and variation for property located at 1101 S. Linneman Road. Upon roll: Ayes: Corcoran, Hoefert, Korn, Lohrstorfer, Skowron, Zadel Nays: None Motion carried, request denied. An ordinance was presented for second reading to grant a Conditional Use permit for the construction of a circular drive at 1016 Meadow Lane. Staff recommended denial of the petitioner’s request, however, at the June 23, 2005, Planning and Zoning Commission meeting, members voted 5-2 approval subject to the following conditions: 1. overnight parking on the circular portion of the driveway is prohibited 2. the petitioner shall landscape the perimeter of the driveway to eliminate light (headlights) trespass for the adjacent property. The petitioner, Katherine Wozniak, requested approval of the Conditional Use permit and responded to questions from Board members relative to the existence of a hardship. Trustee Hoefert, seconded by Trustee Skowron, moved to approve the ordinance granting the Conditional Use permit for construction of a circular drive. Upon roll: Ayes: None Nays: Corcoran, Hoefert, Korn, Lohrstorfer, Skowron, Zadel Motion failed. NEW BUSINESS NEW BUSINESS Two ordinances amending Chapter 18 (Traffic) of the Village Code were presented for first readings. 1. An ordinance to repeal certain no parking restrictions on the east side of Maple Street between Council Trail and Moehling Drive and along both sides of Moehling Drive. 2. An ordinance prohibiting stopping, standing or parking at anytime along the east side of Maple Street between Council Trail and Moehling Drive and along both sides of Moehling Drive. Project Engineer Matt Lawrie provided an overview of the Maple Street Parking Study conducted by the Engineering Division in response to residents’ concerns with the parking conditions along the 500 block of Maple Street as well as Moehling Drive during the baseball season; emergency response, child safety, driveway access, blocking hydrants, noise, littering and trespassing. 3 These same concerns and staff findings were discussed at the July 11, 2005 Safety Commission meeting. The Safety Commission has recommended approval of the amendments to Chapter 18 by a vote of 6-0. Trustee Zadel, seconded by Trustee Hoefert, moved to waive the rule requiring two readings of an ordinance. Upon roll call: Ayes: Corcoran, Hoefert, Korn, Lohrstorfer Skowron, Zadel, Nays: None Motion carried. Trustee Zadel, seconded by Trustee Skowron, moved to approve Ordinance No. 5502: ORD 5502 AN ORDINANCE AMENDING CHAPTER 18 OF THE VILLAGE CODE OF MOUNT PROSPECT Upon roll call: Ayes: Corcoran, Hoefert, Korn, Lohrstorfer, Skowron, Zadel Nays: None Motion carried. Before considering the second ordinance Mr. Walter Radtke, 205 Moehling Drive, described his personal experiences with the congestion and safety hazards created during the baseball season. He strongly encouraged the Board to approve the ordinance, and asked for police enforcement of the new regulations. Additional questions from the Board regarding notification to the Mount Prospect Park District, and additional signage to increase public awareness were addressed by staff. Trustee Trustee Hoefert seconded by Trustee Skowron, moved to waive the rule Req requiring two readings of an ordinance. Two re Upon roll call: Ayes: Corcoran, Hoefert, Korn, Lohrstorfer, Skowron, Zadel, Nays: None Motion carried. Trustee Hoefert, seconded by Trustee Skowron, moved to approve Ordinance No. 5503: AN ORDINANCE AMENDING CHAPTER 18 OF THE VILLAGE CODE OF MOUNT PROSPECT ORD 5503 Upon roll call: Ayes: Corcoran, Hoefert, Korn, Lohrstorfer, Skowron, Zadel, Nays: None Motion carried. A resolution authorizing the execution of a restrictive covenant for RESTRICTIVE sidewalk improvements at 815 and 901 S. Edgewood Lane was COVENANT presented. RESOLUTION Trustee Skowron opened the discussion with several questions and 815 AND 901 concerns regarding the conditions allowed under restrictive covenants EDGEWOOD for sidewalk installation. LANE Why does the Village allow 20 years for restrictive covenants? ?? How are the covenants tracked for compliance? ?? Is a mechanism for enforcement in place? ?? 4 Is there a coordination of Village sidewalk projects and new ?? construction sidewalk installation? Additional questions regarding the Village’s approach to new construction sidewalk installation were discussed. Discussion closed with the recommendation that the Board review the Village’s policy on when sidewalks should be installed. Trustee Zadel, seconded by Trustee Skowron moved for approval of the resolution authorizing the execution of a restrictive covenant for sidewalk improvements at 815 and 901 S. Edgewood Lane. : Upon roll callAyes: Korn, Zadel Nays: Corcoran, Hoefert, Lohrstorfer, Skowron, Motion failed. VILLAGE VILLAGE MANAGER’S REPORT MANAGER’S None. REPORT OTHER BUSINESS OTHER Mayor Wilks announced the recent passing of Mrs. Ekrum, wife of former BUSINESS . Village Trustee Parker Ekrum who served from 1959-1967 CLOSED CLOSED SESSION At 8:22 Trustee Hoefert, seconded by Trustee Skowron, moved to meet in SESSION Closed Session to discuss the following: PERSONNEL 5 ILCS 120/2 (c) (1) - The appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body, including hearing testimony on a complaint lodged against an employee to determine its validity. LAND ACQUISITION 5 ILCS 120/2 (c) (5) - The purchase or lease of real property for the use of the public body, including meetings held for the purpose of discussing whether a particular parcel should be acquired. 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. RECONVENE RECONVENE The Board reconvened in Open Session at 9:43 p.m. ADJOURN ADJOURNMENT The August 16, 2005 Village Board meeting was adjourned at 9:45 p.m. M. Lisa Angell Village Clerk H:\CLKO\files\WIN\MINUTES\august2 2005.doc 5