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Home My WebLink About2. DRAFT MINUTES 5/16/06 "MINUTES OF THE REGULAR MEETING OF THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT May 16, 2006 CALL TO ORDER Mayor Pro Tem Hoefert called the meeting to order at 7:06 p.m. ROLL CALL Present: Trustee Timothy Corcoran Mayor Pro Tem Paul Hoefert Trustee John Korn Trustee Richard Lohrstorfer Trustee Michaele Skowron Trustee Michael Zadel PLEDGE PLEDGE OF ALLEGIANCE Trustee Zadelled the Pledge of Allegiance. INVOCATION INVOCATION Trustee Lohrstorfer gave the Invocation. MINUTES APPROVAL OF MINUTES Trustee Zadel, seconded by Trustee Skowron, moved to approve the minutes of the regular meeting held May 2, 2006. Upon roll call: Ayes: Corcoran, Korn, Lohrstorfer, Skowron, Zadel Nays: None Motion carried. APPROVE BILLS APPROVE BILLS and FINANCIALS AND FINANCIALS Mayor Pro Tem Hoefert stated the next item on the agenda, "APPROVE BILLS and FINANCIALS" 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 REPORT MAYOR'S REPORT Mayor Pro Tem read proclamations recognizing the following events: · National Police Week May 14 - 20, 2006 · National Public Works Week May 21 - 27,2006 NATIONAL Police Chief Richard Eddington accepted the National Police Week POLICE WEEK proclamation and thanked the Village Board for the recognition. NATIONAL PUBLIC Deputy Public Works Director Sean Dorsey thanked the Village Board for WORKS WEEK recognizing Public Works Week and made an open invitation to the community to attend the 26th annual open house. Mayor Pro Tem Hoefert presented for a second (2nd) reading an ordinance amending Section 13.117 "Restrictions on Premises" to grant a special permit for the delivery of alcoholic beverages on public or private property in an outdoor area immediately adjacent to the licensed premises upon such terms and conditions as the Local Liquor Control Commissioner may deem appropriate. Village Manager Michael Janonis stated that since the first reading of the ordinance at the May 2, 2006 Village Board meeting the ordinance had been further amended to include a notification clause. The applicant must send notice by regular mail to all residential property addresses within 300 feet of the licensed premises. The notice shall inform the addressee of the applicant's intent to secure a special permit for the outdoor service of alcoholic beverages. 1 AMEND CHAPTER 13 (ALCOHOLIC L1QOURS) SPECIAL PERMIT The notification form will be provided by the Village Manager and allow for comments on the proposed ordinance from the affected property owners. Mayor Pro Tem Hoefert opened the matter for comments and discussion. Several residents expressed their concern with the proposed ordinance, specifically the potential for late night and excessive noise from Mrs. P and Me, should that establishment be granted a special permit. Mr. Bill Klippert Mr. Steve Meersman Mr. Steve Gonchzy 225 South Emerson 222 South Emerson 221 South Emerson Mr. Klippert stated he had just received written notification from Mrs. P and Me stating their intent to apply for a special permit to serve alcoholic beverages in their outdoor dining area. Mr. Janonis stated the notification Mr. Klippert received was not the Village's required letter of notification. Mr. Janonis thought the letter to the neighborhood residents from Mrs. P and Me may have been prompted by the Village's suggestion to make contact with the surrounding property owners. In their discussion of the proposed ordinance the Village Board and Mr. Janonis also shared the following information/comments in response to the residents' concerns. · The Village Board supports the use of the special permit so as to enhance the dining experience but in a positive manner conducive with a residential neighborhood environment. · Submittal of the application for a special permit does not guarantee a permit will be granted. Each application will be reviewed by the Liquor Commissioner (Mayor) and the establishment must comply with any and all conditions established by the Liquor Commissioner for issuance of the special permit. · Special permit applicants will need to discuss intent, design of seating area and what will be done to minimize noise. · The Liquor Commissioner may revoke the special permit. If revoked the establishment must wait one (1) year before reapplying for the special permit. · The special permit does not allow for "outdoor beer gardens." The special permit allows establishments with outdoor dining to serve alcohol with food orders to individuals eating in the outdoor dining area. · The Village's zoning code currently allows for outdoor dining until 10:00 p.m. on weekdays and 11 :00 p.m. on weekends. Under the terms and conditions of the special permit the Liquor Commissioner could impose stricter hours. · Outdoor dining with the availability of alcoholic beverages has become an acceptable practice in many communities. Mr. Nate Figaro, owner of Mrs. P & Me, also addressed the Village Board. Mr. Figaro asked what standards would determine revocation of the special permit. Mr. Janonis responded, complaints would need to be substantiated/ investigated and a hearing held. He stated that while a petition may trigger closer monitoring of an establishment with a special permit, it would not in itself be cause for revocation. Mr. Janonis also indicated the process from when an application is received until issuance, if approved, would take approximately thirty (30) days. 2 ORD 5562 AMEND CHAPTER 13 (ALCOHOLIC UQOURS) HAN RIVER RESTAURANT, 1827 WEST ALGONQUIN ROAD ORD 5563 APPOINTMENTS CITIZENS TO BE HEARD CONSENT AGENDA BILLS and FI NANCIAL REPORT RES 28-06 Trustee Zadel, seconded by Trustee Skowron, moved for approval of Ordinance No. 5562: AN ORDINANCE AMENDING CHAPTER 13 (ALCOHOLIC LIQUORS) OF THE MOUNT PROSPECT VILLAGE CODE Upon roll call: Ayes: Corcoran, Hoefert, Korn, Lohrstorfer, Skowron, Zadel Nays: None Motion carried. An ordinance to delete one (1) Class uR" liquor license issued to Han River Restaurant, 1827 West Algonquin Road was presented. The restaurant has closed permanently. Deleting the license amends Chapter 13 (Alcoholic Liquors) of the Village Code by decreasing the number of Class "R" licenses issued by one. (Trustee Lohrstorfer left the meeting at 7:45 p.m.) Trustee Corcoran, seconded by Trustee Zadel, moved to waive the rule requiring two readings of an ordinance: Upon roll call: Ayes: Corcoran, Korn, Skowron, Zadel Nays: None Motion carried. Trustee Hoefert, seconded by Trustee Skowron, moved for approval of Ordinance No. 5563: AN ORDINANCE AMENDING CHAPTER 13 (ALCOHOLIC LIQUORS) OF THE MOUNT PROSPECT VILLAGE CODE Upon roll call: Ayes: Corcoran, Korn, Skowron, Zadel Nays: None Motion carried. (Trustee Lohrstorfer returned to the meeting at 7:48 p.m.) APPOINTMENTS None. COMMUNICATIONS AND PETITIONS Mr. and Mrs. Matt Neubauer, 1006 Beechwood Drive addressed the Village Board asking for assistance with a flooding problem in their backyard. Mayor Pro Tem Hoefert thanked Mr. and Mrs. Neubauer for attending the meeing but due to the in-depth nature of the matter, referred their request to Village Engineer Jeff Wulbecker who was also in attendance. Mr. Wulbecker indicated he would obtain the necessary information from Mr. and Mrs. Neubauer and make appropriate follow-up. CONSENT AGENDA Trustee Zadel, seconded by Trustee Skowron, moved to approve the following business items: 1. Bills, dated May 1-10, 2006 2. Financial Report, dated April 1 - 30, 2006 3. Resolution No. 28-06: A RESOLUTION AUTHORIZING ELECTED OFFICIALS TO PARTICIPATE IN THE ILLINOIS MUNICIPAL RETIREMENT FUND (IMRF) 3 OLD BUSINESS DOWNTOWN TIF DISTRICT NEW BUSINESS PZ-12-05, MCKONE DISCONNECTION, 531 SOUTH DOUGLAS AVENUE Upon roll call: Ayes: Corcoran, Korn, Lohrstorfer, Skowron, Zadel Nays: None Motion carried. OLD BUSINESS Mayor Pro Tem Hoefert asked for a motion to defer items A, B., and C. as listed under Old Business. A AN ORDINANCE AMENDING TAX INCREMENT REDEVELOPMENT PROJECT FOR THE DOWNTOWN TIF NO.1 (AMENDMENT #3) REDEVELOPMENT PROJECT AREA OF THE VILLAGE OF MOUNT PROSPECT B. AN ORDINANCE DESIGNATING THE AMENDMENT #3 TO THE DOWNTOWN TIF NO.1 REDEVELOPMENT PROJECT AREA OF THE VILLAGE OF MOUNT PROSPECT A REDEVELOPMENT PROJECT AREA PURSUANT TO THE TAX INCREMENT ALLOCATION REDEVELOPMENT ACT C. AN ORDINANCE CONFIRMING TAX INCREMENT ALLOCATON FINANCING FOR THE DOWNTOWN TIF NO.1 REDEVELOPMENT PROJECT OF THE VILLAGE OF MOUNT PROSPECT Trustee Corcoran, seconded by Trustee Korn, moved to defer the second reading of the three (3) ordinances for the Downtown TIF NO.1 Redevelopment Project until the June 6, 2006 Village Board meeting. Upon roll call: Ayes: Corcoran, Korn, Lohrstorfer, Skowron, Zadel Nays: None Motion carried. NEW BUSINESS Mayor Pro Tem Hoefert presented for 1st readings two (2) ordinances for the disconnection and annexation of property commonly known as 531 Douglas Avenue, Mount Prospect and 1200 Prairie Avenue, Arlington Heights. 1. PZ-12-05, McKone Disconnection, 531 South Douglas Avenue An ordinance disconnecting property commonly known as 531 Douglas Avenue from the Village of Mount Prospect 2. PZ-12-05, McKone Annexation, 1200 Prairie Avenue, Gettysburg Development An ordinance annexing property commonly known as 1200 Prairie Avenue into the Village of Mount Prospect Community Development Director William Cooney stated the petitioner, Gettysburg Development has proposed a "land swap" between the Village of Mount Prospect and the Village of Arlington Heights. As the subject properties currently jut in to the other municipality's jurisdiction approval of the request for disconnect and annexation would minimize challenges in providing municipal services to the subject properties. Mr. Cooney stated staff from the Village of Arlington Heights also support the "land swap" and will request approval from the Arlington Heights Village Board as well. He stated the disconnect and annexation would take effect only upon the approval of both the Village of Mount Prospect and the Village of Arlington Heights. Mr. Cooney also stated the Police, Fire and Public Works Departments all recommend the proposed "land swap" to enhance municipal service quality. 4 ORD 5564 PZ-12-05, MCKONE ANNEXATION, 1200 PRAIRIE AVENUE ORD 5565 PZ-09-06 FINAL PLAT OF RESUBDIVISION, 1-17 SOUTH EMERSON STREET Mr. Cooney informed the Village Board that Mr. Larry McKone, Gettysburg Development was in attendance and would respond to their questions. Trustee Korn asked Mr. McKone about the condition and status of the home at 1200 Prairie Avenue. Trustee Korn stated the home appeared to be in various stages of remodeling. Mr. McKone indicated he was not sure if the home will stay or be remodeled. In response to Trustee Korn's question regarding compliance with Village codes Mr. Janonis stated, once the annexation is executed 1200 Prairie would need to comply with all Village of Mount Prospect codes. Trustee Corcoran, seconded by Trustee Zadel, moved to waive the rule requiring two readings of an ordinance: Upon roll call: Ayes: Corcoran, Korn, Lohrstorfer, Skowron, Zadel Nays: None Motion carried. Trustee Corcoran, seconded by Trustee Zadel, moved for approval of Ordinance No. 5564: AN ORDINANCE DISCONNECTING PROPERTY COMMONLY KNOWN AS 531 DOUGLAS AVENUE FROM THE VILLAGE OF MOUNT PROSPECT Upon roll call: Ayes: Corcoran, Korn, Lohrstorfer, Skowron, Zadel Nays: None Motion carried. Trustee Corcoran, seconded by Trustee Skowron, moved to waive the rule requiring two readings of an ordinance: Upon roll call: Ayes: Corcoran, Korn, Lohrstorfer, Skowron, Zadel Nays: None Motion carried. Trustee Corcoran, seconded by Trustee Lohrstorfer, moved for approval of Ordinance No. 5565: AN ORDINANCE ANNEXING PROPERTY COMMONLY KNOWN AS 1200 PRAIRIE INTO THE VILLAGE OF MOUNT PROSPECT Upon roll call: Ayes: Corcoran, Korn, Lohrstorfer, Skowron, Zadel Nays: None Motion carried. Mayor Pro Tem Hoefert presented a resolution approving a final plat of resubdivision for property located at 1-17 South Emerson Street, Founders Row. Community Development Director William Cooney provided an overview and diagram of the petitioner's request (Norwood Builders) to modify the existing lot lines to create three (3) lots of record for the Founders Row Development. Mr. Cooney informed the Village Board that the petitioner's request is based on a requirement that a townhome-owership development have a separate common area. The petitioner is requesting creation of lot 3; the development's private drive. 5 RES 29-06 VILLAGE MANAGER'S REPORT 2006 SIDEWALK IMPROVEMENT PROGRAM ADMINISTRATIVE ADJUDICATOR PROFESSIONAL SERVICES CONTRACT Mr. Cooney added that staff as well as the Planning and Zoning Commission, by a 7-0 vote, recommend approval of the plat of resubdivision. In discussing the proposal, the Village Board expressed concern with the creation of a 3rd lot, the private drive, under a separate PIN. There was a concern the Village's ability to appropriately assess and collect taxes may be negatively impacted. Mr. Masutta, attorney for the petitioner stated the common lot would be under the control of the homeowner's association and the homeowner's will be required to pay taxes on the common lot. He stated the homeowner's would be motivated to pay the taxes because if the owner's lost ownership of the private drive due to non-payment of taxes the owners would no longer have access to their garages. In response to Trustee Corcoran's question regarding percentage of owner's votes required to change the homeowner's association bylaws, Mr. Masutta stated he would check to confirm but he believed it was no more than 75%. Trustee Skowron, seconded by Trustee Corcoran, moved for approval of Resolution No. 29-06: A RESOLUTION APPROVING A FINAL PLAT OF RESUBDIVISION FOR PROPERTY LOCATED AT 1-17 SOUTH EMERSON STREET Upon roll call: Ayes: Nays: Corcoran, Korn, Lohrstorfer, Skowron, Zadel None Motion carried. VILLAGE MANAGER'S REPORT Village Manager Michael Janonis stated the Public Works Department was recommending acceptance of a bid for the 2006 Sidewalk Improvements Program and the Village Engineer Jeff Wulbecker was in attendance to respond to questions. Mr. Wulbecker stated the 2006 Sidewalk Improvement Program combines three (3) programs; the Shared Cost Sidewalk Program, the Sidewalk Construction Program and sidewalk improvements that are part of the Street Resurfacing Program. Mr. Wulbecker stated the contractor's bid is based on estimated quantities and staff recommend the bid be awarded to the low bidder, Strada Construction Company in an amount not to exceed $281,000; the full amount budgeted for the program. Trustee Lohrstorfer, seconded by Trustee Zadel, moved to approve the request to award the contract for the 2006 Sidewalk Improvements to Strada Construction Company in an amount not to exceed $281,000. Upon roll call: Ayes: Corcoran, Korn, Lohrstorfer, Skowron, Zadel Nays: None Motion carried. Village Manager Michael Janonis presented his recommendation to the Village Board to approve the Administrative Adjudicator Professional Services Contract with Mr. David Eterno. Mr. Janonis stated Mr. Eterno has a high level of familiarity with the Administrative Adjudication process, specializing as an Administrative Law Judge. Mr. Janonis noted that Mr. Eterno was in attendance. 6 Trustee Corcoran, seconded by Trustee Skowron, moved to approve the Administrative Adjudicator Professional Services Contract with Mr. David Eterno. Upon roll call: Ayes: Corcoran, Korn, Lohrstorfer, Skowron, Zadel Nays: None Motion carried. Acknowledging Mr. Eterno, Trustee Corcoran stated the Village Board was very impressed with his level of expertise and were confident in their choice. OTHER OTHER BUSINESS BUSINESS Trustee Korn announced the Mt. Prospect Downtown Bluesmobile Cruise Nights will begin again Saturday, May 20th. The popular family activity occurs every BLUESMOBILE Saturday night from May 20th through September 30th from 6:00 - 9:00 p.m. in CRUISE NIGHT the Metra West Lot at Northwest Highway. CLOSED SESSION CLOSED SESSION Mayor Pro Tem Hoefert stated a Closed Session would be held for discussion of the following items: 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. 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 Skowron, seconded Trustee Zadel, moved to enter closed session. Upon roll call: Ayes: Korn, Lohrstorfer, Skowron, Zadel Nays: None Absent: Corcoran Motion carried. The Village Board entered Closed Session at 8:20 p.m. RECONVENE RECONVENE The Village Board reconvened in Open Session at 9:04 p.m. ADJOURN ADJOURN There being no business to discuss the May 16, 2006 Village Board meeting was adjourned at 9:05 p.m. M. Lisa Angell Village Clerk 7 " "c....,-.".'.."..:,....:.::o,,'=..~~"~......,..,..-........_.,..,.,.____.~____.~~__~e_~_~'...__.__.~