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HomeMy WebLinkAbout0901_001DEPUTY VILLAGE CLERK ALL MINUTES COMMITTEE OF THE WHOLE MARCH 9,11999 0 0 W, a •W 4W 4P I Acceptance of Minutes of February 9, 1999. Mr. Janoni*s requested that these Minutes bj19 deferred since,they were not ready for Board consideration, Minutes were deferred until th next Committee of the Whole meeting. I 91TIZgNS TO BE -H,9AW 0101 L A LIT, MIN 0 4, *14 A. Village Manager Janonis stated that staff is requesting, Village BbAi7dinput to this reques since the current Ordinance prohibits all aboveground storage. The��*�ODrdinance woul continue to prohibit aboveground storage for commercial p I • u I rposes but would allo M P-boveground storage for business operations only. General comments from the Village Board members 'Included the following items,* 1W 1W q p9powl Conimun* ity Development Director Cooney stated the RFP draft 'is presented tothe Vij.IIage Board for comment and pending the amount of comment, the RFP is expected to be sent out by the end of the week. rr-** General comments from the Village Board members included the following items: o dam Village Manager Janon'l, rninded the Village Board that C • I offee Wth Council is scheduled for March 13, 199% ftomI.IOA,O­ a.m. until I 1 -00 a.m. at Village Hall, KI Vill*....... . . . .... Trustee Paul Hoefert inquired as to the status of the Quiet Communities Resolution as requested by Trustee Nocchi at the last meeting. om itooh s s6n," f 64 4t,,the1H','are,,; Noise Mayor, 0'40 t Ita, b Od' thA,,t,,,,`,W--,,S, A' Min Is and n, 'I'mt-ip', I'S US, 14-e'ptojoot, d' se A d JO' CoMpAt It" 'Coinmts, lo'am s h n Jow, *0 e", #nq. the port", w' may"00me "ftorn o, re:,cons,,, yre would profortp rev 11 , f 0 PrIle"V11,01 Sly'' Quiet"to 0 Trustee Clow es requested that staff determine what the status of the cable modem option that TCI is offering in other communities w" to determine when t 11 be available in Mount Prospect. He also stated that he has notipel ltherp� has been some remodeling work within the basement of the Village Hall and he is,Mqqe4tlng staff keep the Village Board updated as to what the plans are for the Village Hall. ix. CSE S. l+1,, Motion made by Trustee Clowes and Seconded by Trustee Hoefert to move into Closed Session to discuss Property Acquisition. The meeting moved 'Into Closed Session at 9:38 p.m. Meeting reconvened into,Open Session at 1023 p.m. Village Manager Janonis reminded the Village Board that the Aspen Drive meeting has been scheduled for March 24 and the Wisconsin Central meeting has been scheduled for March 31. X. ADJOURNMENT No other business was transacted and the meeting was adjourned at 10,-28 p.m. Respectfully submitted,, DAVID STRAHL Assistant Village Manager DS/rcc H:XGEN\Cow\Minutes\30999 COW Minutes.doe T 41114UTES COMMITTEE OF THE WHOLE FEBRUARY 9, 1999 CALL TO ORDER Village Manager Michael Janonis called the meeting to order at 7:36 p.m. Present at the meeting were: Trustees George A. Clowe's. Timothy Corcoran', Paul Hoefert, Richard Lohrstorfer, Daniel Nocchi and Irvana Wilks. Absent from the meeting was Mayor Gerald Farley. Staff members present included Village Manager Michael E. Janonis, Assistant Village Manager David Strahl, and Community Development Director William Cooney. Mr. Janonis requested if there were any nominations from the floor for Mayor Pro Tem for the meeting. Motion made by Trustee Hoefert and seconded by Trustee Lohrstorfer to appoint Trustee Corcoran as Mayor Pro Tem. The motion passed. III APPR0VAL�O'F MINUTES, Approval of Minutes from January 26,1999. Motion made by Trustee VVilks and Seconded by Trustee Lohrstorfer to approve the Minutes. Mr. Janonis requested that staff-recom mended changes to the minutes be considered as part of the minutes. Minutes were approved with the staff-recom mended revisions. Trustee Clowes abstained. I III, CITIZENS, TO BE HEARD None Wt DISCUSSION"REGAR SGOTTY'S-HOMLE MARKETREQUEST FORRELOCA1,19 N ASSISTANCE Community Development Director W*1111mam J. Cooney stated that staff has been working with Scotty's Home Market business for a number of weeks. He stated that Scotty's wants to move into a Kensington site and build a facility of approximately 100,000 sq.ft. He stated there are three remaining Items outstanding which need to be addressed prior to the completion of thew deal to get Scotty's to relocate to Mount Prospect. 1) A Class Z liquor license. A draft ordinance has been created allowing for liquor delivery to homes, and Scotty's has acknowledged their acceptance of the conditions relating to this ordinance. 2) A request for a Class 613 de'signation. The Village has, in the past, extended the recommend atin sfor a Class 613 to the County for consideration. However, there is a distinct possibility that th6� County may not grant the 6B de'sigriation based on the type En revenue and would not impact existing revenues, so there would be no need for those revenues to be made up somewhere else because of the unique environment that Scotty's would operate within. Mr. Janonia stated that, if an agreement were to be structured to mirror the 6B exemption amount, it could be completed and forwarded to the Board for consideration at the next Village Board meeting. He would recommend the Board consider passage of the 613 resolution and attempt to complete the process for consideration by the County for the 6B. Consensus of the VI"Ila a Board was to offer a ,sales tax rebate equal to the 613 class exemption amount and time frame equal to any class 6B exemption. V* VILLAGE MANAGER'S REPORT Coffee with counsel is scheduled for February 13, 1999 from 9 A.M. to 11 A.M. at the Village Hall. /I. ANY OTHER BUSINESS Trustee Paul 'gym. Hoefert extended a special thanks to the Special Cents Commission for the recent Celestial Celebration went. VII. CLOSED ESSION Motion made by Trustee Wilks and Seconded by Trustee Hoefert to move into Closed Session to discuss Property Acquisition. The meeting moved into Closed Session at 8:50 p.m. Meeting reconvened into Open Session at .*27 p.m. IXW ADJOURNMENT fi4 No other business was transacted and the meeting was adjourned at 9:28 p.m Respectfully submitted, DAVID STRAHL Assistant Village Manager DS/td HAGEN\Cow Minutes'20 COW Minutes.doc '11RDINANCE NO, j BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: §,E911.QN 1: Chapter 23 of the Mount Prospect Village Code shall be amended by deleting Section 23-303 "Soliciting'", including Sections 23.303.1, 23. 303.21 23.303. 3 and 23.304, and renumbering Section 23.304, "Penaltr to Section 23.306. SECTION 2: Chapter 11 of the Mount Prospect Village Code shall be amended by adding new Sections 11.2820, entitled "Soliciting"; Section 11-2821, entitled "Notice Regulating Soliciting"; and Section 11.2822, entitled uDuty to Solicitors" and shall be and read Sec, 11,2820, Soliciting, It is hereby declared to be the policy of the Village, that the occupant or occupants of buildings in this Village shall make the determination of whether solicitors or canvassers as defined in Article I of this Chapter shall be, or shall not be, invited into their respective buildings. Sec. 11,2821, Notice Regulating Soliciting, Every owner or occupant desiring to restrict orprohibit solicitors or ca,nvassers and to secure the protection intended to beprovided by the regulatiorts pertaining W Soliciting co,ntahl,ed in this Article, shall give, notice of a,, restricted invitation to solilcitors,, or prohibition of solicitations, to any premises, by the following means: A. A weatherproof card, no larger than three inches by four inches (311 X 411) in size shall be exhibited upon or near the main entrance door to the building, indicating the determination by the owner or an occupant, containing the applicable words, as follows: "ONLY SOLICITORS REGISTERED WITH THE MOUNT PROSPECT POLICE DEPARTMENT INVITED.01 or '"SOLICITATION PROHIBITED" B. The letters shall be at least one-third inch (1/3") in height. For the purpose of uniformity the cards shall be provided, at the Village's cost, by the Finance Director to persons requesting them. C. The card shall constitute sufficient notice to any solicitor of the intention of the occupant with respect to the information contained on the card. sec. 11,2822* Duty of Solicitors. A. It shall be the duty of every solicitor when going onto any premises to first examine the notice provided for in Section 11.2821 of this Article, and to be governed by the statement contained on the notice. If the notice states "ONLY SOLICITORS REGISTERED WITH THE MOUNT PROSPECT POLICE DEPARTMENT INVITED", and the solicitor has not obtained a certificate of registration as provided in this Article XXV111 the solicitor shall immediately, without further notice, leave the premises. 2. If the notice states "SOLICITATION PROHIBITED" OR "NO SOLICITORS INVITED", then the solicitor, whether registered or not, shall immediately, without further notice, leave the premises. B. Any solicitor who has gained entrance to any building, whether invited or not, shall immediately and peacefully depart from the premises when requested to do so by the owner or occupant. SECTION 3: The former Sections 11.2820, entitled "Application for Registration" shall be renumbered to Section 11.2823 and Section 11.2821, entitled "Investigation and Issuance of Registration Certificate" shall be renumbered to Section 11.2824 and Section 11.2822, entitled "Limitations On Solicitation" shall be renumbered to Section 11.2825, and Section 11.2823, entitled "Revocation or Denial of Registration" shall be renumbered to Section 11.2826. There shall be a new Section 11.2827, entitled "Penalty" added to Chapter 11 to be and read as follows: Sec, 11,2827, Penalty. In addition to any other penalties described in this Article 28, every person found guilty of a violation of any provision of this Article shall be punished by a fine of not less than Two Hundred Dollars ($200.00) nor more than One Thousand Dollars ($1,000.00). '1 W Section 11.102, "Definitions" of the Mount Prospect Village Code shall SEC,T!2N,4# be amended by deleting the definitions of "Soliciting'" and "Solicitor' and replacing them with I the following definitions: SOLICITING: A. Seeking to obtain orders for the purchase of goods, wares, merchandise, foodstuffs and/or services, of any kind, character or description whatsoever, for any kind of consideration whatsoever; or B. Seeking to obtain prospective customers for application or purchase of insurance of any type, kind or character; or C. Seeking to obtain subscriptions to books, magazines, periodicals, newspapers and every other type or kind of publication; or D. Seeking to obtain gifts or contributions of money, closing or any other valuable thing for the support of benefit of any charitable or nonprofit association, organization, corporation or project. E. Seeking to recruit membership for any organization of any kind or nature. SOLICITOR: Any individual, whether a resident of the Village or not, traveling within the Village doing any acts set forth pursuant to the definition of solicitation. SECT'10'N,6,* That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law AYES: 00 .7-ASSED and APPROVED this day of 1999. ATTEST: Velma W. Lowe, Village Clerk I CK*37. 10,61 a A Gerald L. Fadey, Village President EI 11-2820 BUSINESSES 11-2822 H. If a certificate of, re fdr thc Appliannt or the organiza,tion ha mproacu" u,nd,vr thisArtsiclahu, ever Or revoked, s, stgtaftnt to th'4"t off''ect ww the MASOns thordar; ft aPP)icanthu eVer, bren ctm"Vioofa Violado o ally of �th'a Mvision's of this, Articj' or the 'pmvisjotj& aj Any. other M 11 , , Unicipality rcgt,)At,,n,gp StAtc"=t tO Wt. Offect With, partj�cujax$,# and I Villa& of Mount pribsp&a , 399 11.2917 BUSINESSES 1 1,Z820 q 4 ........... lim i 01 ILUM Gold And. S&" Moi%h� ExglUdglL Apy jfjn� gold mid siliver 0, Otion whh, apy pwmOtjojj4 eywt j*cgn,,g I d, under this ArOok, sh" be r,CqUi tO ObWA A lk''tMO And pay thie fM 44 Set f�orth Axti,ok )CX)aV of this C1*1ter., ixi 041 MAH M7A 41,11, 11 pill lb 4 1 Ll 'i C. Physic.de"PtIon of the applicant,#, D. N'a'm' md ad&fts of the, paim. by v1wm the appuQm t is anii ployed or represents land tbe lon8th oftIftm of' 'Such employmm or teprts mataoliont f I DOCYiption'sufficiient for identificaxion for the aukiwt maftr of the solkiting Which the Oplicant. W'01 cn�nge in; Fe PaHod of time. fair 4which the certificate is applied fol,il 0'. Tt: dasc* Q� Approximate -date, Of th6 latest Prtvi0U6 mgistrAtibft Application under - this Article, If any;rerec 39t i/11jage Ot1wouht Pr6tPead 800 d 5:Z:Zl4�?^"��""'�CJ �i.� +� %FiC` 46, A 1 M fli kil v 94 J NA, " WN *W fl) 01 0) 1 -x/s M BUSINESSES (9:00) A.M.of anyw ky �� Sjj or SsfurdAy dwi,ng t4r six, 000100k, (6#,W) National holjaCeALTAI Stam,,4vd, Time, or at any rime 4)n a stmday Or on a State or 9, , ,4 , Sft.IX.2823A . RevocailonbrDeawot, Itegutration, BUT �ERE— Any c4� � �c� o�' ionsu ho,,r S a revoked b ���� ,. o io,,t NUMBERED P61,106 f the, b Of "� con , 4 � p " w , of any of� dm, TO 1192826 � � tions f his . Aniolo, or has, rqa4t a. mst.crin vplladono or �, iho ,o S 4U41 dor uawe, " ;ij461"don un�d" o 'written actj d U,& � e r r upon the swing Of sum nOticO, tht. fi�� Of registration shall nul, I abd volid. C. Amy, porson I rg i tion "0", r�'�fic"O 4f It4iAration, IM bftft, pm,ided hire"W''. shidi bt denied any subsiequ,ent ccrtlificw, of 'registratiom (Ordo 3617, 34,19 y q 39$ Village of Mount Pro-epact 23A302 0 AND MISCELLANEOUS REGI)LATIONS 21-303.3 D) 3. On or across rsilroadright-of-vray,. E. M entry into or upon any vehicle, air iCtaft Or watacraft made out the tonsent of the peoiuo 1tavJj-kx dic n'ght to the possa ajonort,,6xxtrol thereof. or A f4ure or refwAl to leave ajoy such vehide, aircraft or watorcraft after being requested to kave by the person havim such riaht. F Any entry utin promists, or =Y pert thereof, of another, 'Including any pubfic property, idiltry any such pro pmy "is, defikoed., brolken, injured or dftuolyed, IvMhout the consent of the: owner thcroof. (Qr,d,. 3404v, 3*644) Sftr 23-V:34 SONCiOnS. Sw. 23aa3Wa19 VBhw Polio on SoQdUngs It is hereby dwJarW to be the poUcy of.the MOVIM TOgoyernin& bMy* of the ViNtle that the o=pant Or occupmts of the build, 11v2820 inp in this V 001 :mAe the detcftn,atlon of whethtT, sokAors or cmveAws as, dcfted in Artide I of Chapter I I oi ",, Codc shMI be, or sbafl, not sin vit,04 to their rospectivo: buildings, (Ord. UN, 3 -6 -64) -- ANI We MOVED TO Sm 23,3033. WO of SWO atmMil' 110282-2 h t w MW qqwr��Ill i 'Wall loop off "� �C� ice. � � ♦ � � � o 1 d a n r � • r Cr L tr r �Ky Ae n1 � � � � � � U � #" A My � cif .av U ORDINANCE NO, AN ORDINANCE AMENDING CHAPTER 18 OF THE CODE OF ORDINANCES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS BE IT ORDAINED by the president and Board of Trustees of the Village of Mount Prospect, Cook County, Illinois, as follows: VTI section 18.1510 of the Mount Prospect Village Cade, is hereby amended by deleting the current section 18.1510 in its entirety and adding a new section 18.1510 to read as fo I laws: Sec. 18.1510, Seat Safety Belts. A. No person shall operate any 1985 or later model motor vehicle of the First Division that is titled or licensed by the Secretary of State unless the front seat of such motor vehicle is equipped with two (2) sets of seat safety belts. B. All occupants of a motor vehicle o►f the First Division, a motor vehicle of the Second Division with a gross vehicle weight rating of nine thousand (9,000) pounds or less, a recreational vehicle, or the driver or front seat passenger of second Division motor vehicle with a gross vehicle weight exceeding nine thousand (9,000) pounds, operated on a street or highway in this Village shard wear a properly adjusted and fastened seat safety belt; except that, a child less than six (0) years of age shall be protected as required pursuant to the Child Passenger Protection Act. Each driver of a motor vehicle transporting a child six (8) years of age or more, but less than sixteen (18) years of age, shall secure the child in a properly adjusted and fastened seam safety belt. C Any Village police Officer may stop any motor vehicle, or driver or passenger of such vehicle solely on the basis of a violation or suspected violation of this Section 18.1510 while such motor vehicle is being operated on any roadway within this jurisdiction. SECTIONThis Ordinance shall be in full farce and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYESI. NAYS: Gerald L. Fadey, Village President ATTEST: Velma W. Lowe, Village Clerk C:' OFFICL-\WPWINNWPDOCSWP\ORDS\SEATBELT.ORD ORDINANCE NO. AN ORDINANCE AMENDING CHAPTER 23, ARTICLE 11 OF THE MOUNT PROSPECT VILLAGE C999,, BY ADDING gjEC1`10N 23*206 WHEREAS, due to increased technology and telecommunications services, the Mount Prospect Police Department has experienced a substantial increase in the number and frequency of citizen complaints concerning obscene and harassing phone calls; and WHEREAS, a significant number of these complaints do not warrant prosecution in State Court under the Illinois Obscene Phone Call Act, 720 ILCS 135/0.01 et se due to a lack of frequency or to the fact that the offender is a minor; and WHEREAS, the enactment of a local ordinance prohibiting obscene and harassing telephone calls would provide authority for the prosecution of these complaints, would simplify the procedures necessary for prosecuting these complaints, and would act as a deterrent to obscene and harassing telephone calls. BE IT ORDAINED by the President and Board of Trustees of the Village of Mount Prospect, Cook County, Illinois, as follows: S,ECTION I-., That Chapter 23, Article 11 of the Mount Prospect Village Code be' and is hereby amended to include the following Section 23.206, entitled "Obscene and Harassing Telephone Calls," which shall read in its entirety as follows: Sec. 23.206. Obscene and Harassing Telephone Calls. A. It shall be unlawful to harass any person, household, , business, firm, corporation, 10, organza tion, and/or other, en tit by telephone, Harassment by telephone shall be defined as, the use of a telephone communication for any one or more of the following purposes: 1 Making any uninvited or unwanted comment, request, suggestion, or proposal which is obscene, lewd, lascivious, filthy or indecent; 2. Making a telephone call, whether or not conversation ensues, that threatens, harasses or abuses any person at the called number; 4 3. Making or causing the telephone of another repeatedly to ring with the intention to harass a person at the called number; 4. Making repeated telephone calls, during which conversation ensues, solely to harass any person at the called number; or 5. Permitting any telephone number under one's control to be used for any of the purposes stated above. B. Penalty. Any person violating any provision of this Section shall be fined not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00) for each offense. 2 Sqcfl'on 26', That this Ordinance shall be in full force and effect from and after I'll 0 0 its adoption, approval, and publication in pamphlet form as provided by law. gie'c flo,,,,* That the Village Clerk be and is hereby authorized and directed to publish this Ordinance in pamphlet form as provided by law. ADOPTED this 1 day of 1 19997 by a roll call vote of the Corporate Authorities of the Village of Mount Prospect, as follows: AYES: NAYS: ABSENT: APPROVED this day of 19991 by the President and the Village of Mount Prospect. By -W,, lmffimmw� Gerald L. Farley, Village Preside'n't Village of Mount Prospect ATTEST: By. Velma W. Lowe, Village Clerk Village of Mount Prospect C:\OFFICEkWPWIN\WPDOCS\MP\ORDSAOBSCENE.ORD ORDINANCE NO., AN ORDINANCE AMENDING, THE VILL&GE CODE QF M'-0UNT PROSPECT NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK CR' UNTY9 ILLINOIS: §ECTION I.* That Article XXIX , entitled "Gold and Silver Merchants" of Chapter 11 be deleted in its entirety and a new Article XX IX, entitled "Secondhand Dealers" of Chapter 11 shall be inserted in lieu thereof to be and read as follows: ARTICLE XXIX SECONDHAND DEALERS 11,2901. Definitions 11.2902. License Required 11.2903, Application 11,2904, Eligibility for License 11,2905, Grant or Denial of License 11,2906m. Duration of License and Renewal 11,2907m Record in Ink 11n2908. Removal of Identifying Marks 11,2909, Inspection 11,2910o Daily Report 11,2911, Prohibited Transactions 11.2912. Property from Intoxicated Person or Thief 11-2913, Sale of Property 11,2914a Stolen Goods 11-2915a Weapons 11,2916, Repurchase Agreements 11a2917a Junk Yards 11-2918, Penalty Sec, 11.2901. Definitions. AUDIO -VIDEO EQUIPMENT: Any stereo, speaker, video recorder, video camera, television, tape or disc player, telephone, pager, satellite dish or other machine of similar import or use. PRECIOUS STONE OR GEM: Any mineral or petrified material that when out and polished can be used in jewelry. PRECIOUS METALS: The term "precious metals," means any item containing, in whole or in part, gold, silver or platinum, such as bullion, coin collections, rings, bracelets, silverware, teeth, jewelry, chains, necklaces or items of similar import. SECONDHAND PROPERTY: The term "secondhand property" means any used musical instrument, appliance, tool, machine, machinery, audio -video equipment, camera, computer hardware, jewelry (whether made in full or in part of precious metal or stone or gem), watch, coin or other currency. SECONDHAND DEALER: The term "secondhand dealer means any person, company or entity engaged in the business of buying, selling, trading, consignment selling, or otherwise transferring for value any secondhand property. However, the term shall not include junk dealers as defined and licensed by other provisions of this Code; nor shall the term include sales and exchanges of used articles and materials conducted by or controlled by charitable or religious organizations. Sec. 11.2902. License Required. No person, company or entity shall engage in the business of secondhand dealer within the Village without a license. A non-refundable application fee of Two Hundred ($200.00) Dollars shall be submitted with the application. This shall be in addition to the annual license fee of One Thousand Five Hundred ($1,500.00) Dollars. A non-refundable application fee of Two Hundred ($200.00) Dollars shall be submitted with the application. This shall be in addition to the annual license fee of One Thousand Five Hundred ($'1,500.00} Dollars. I Sec. 11.29[ 3. Application. An application for a license as required by this Article shall be filed with the Village Clerk, and shall contain the following information: A. Name of applicant; B. Name, Village address and Village telephone number of the business for which a license is required; C. Name, permanent address and permanent telephone number of the business for which a license is requested; D. If the merchant is an itinerant, the address and telephone number of the next location where such merchant plans to engage in the business of buying, selling, trading or exchanging any gold or silver objects and the name under which such merchant will be operating; E. A statement indicating whether the business is a sole proprietorship, partnership or corporation; F. If the business is a sole proprietorship or partnership: 1. The name of the proprietor or the partners; 2. The address and telephone number of the proprietor or the partners; 3. A statement indicating whether the business is registered in Illinois under the Assumed Name Act; 4. A statement indicating whether the proprietor or any of the partners has been convicted of a felony within five (5) years prior to the date of the application and if so, the details with regard to such conviction; G. If the business is a corporation: 1. The year of incorporation; 2. The state of incorporation; 3. If not incorporated in Illinois, a statement indicating whether the corporation is licensed to do business in Illinois as a foreign corporation; 4. A statement indicating whether the proprietor or any of the partners has been convicted of a felony within five (5) years prior to the date of the application and if so, the details with regard to such conviction; H. If the applicant plans to do business within the: Village for less than ninety (90) days, a statement indicating the dates applicant plans to conduct business in the Village; 10, A statement indicating all the addresses and the names under which the applicant conducted a business as a gold or silver merchant at any time within one year prior to the date of the application. Sec. '1'1.2904. Eligibility for License. To be eligible for a secondhand dealer's license, an applicant must: 1 Be of good moral character; O's, e�%e 2. Not have been found guilty of a. �ass A misdemeanor involving dishonesty or moral turpitude or any f ny within the last ten (10) years and not be fb , r someone acting as a beneficial owne, for r someone who has been found guilty of such a crime within the last ten (10) years; and 3. Not have been found guilty, and not be acting as a beneficial owner /fO,'r' someone who has been found guilty of any crime that the Village deems to be directly related to the duties and responsibilities of the secondhand dealer within the last ten (10) years; 4. Not be engaged in the business of pawnbrokering anywhere in the United States of America. If the applicant for a secondhand dealer's license is not an individual, the eligibility requirements of this Article apply to each operate of the secondhand shop and to each direct or beneficial owner of at least five (5%) percent of the outstanding equity interest of the secondhand shop and if the applicant is a corporation, also to each officer and director of the corporation. The Chief of Police shall make or cause to be made such investigation as is deemed necessary to determine whether the applicant is qualified to engage in business as a secondhand dealer. Sec. 11.2906. Grant or Denial of License, The Village Clerk shall forward for review and investigation any completed application filed under the provisions of this Article to the Village Manager and Chief of Police within seventy-two (72) hours after it is filed. The Village Manager shall grant or deny such license within fourteen (14) days after it is filed. Sec. 11.2906. Duration of License and Renewal. A license issued under the provisions of this Article shall remain in full force and effect from January 1 to December 31 of each year unless earlier revoked or unless a shorter duration is specified on the license. Annual licensees may be renewed on or before December 31 st of each year. Licenses shall only be issued for the period within which the applicant proposes to engage in the business of being a secondhand dealer. Sec. 11.2907. Record in Ink. I Every secondhand dealer shall keep an accurate account and description, in the English language, of the goods, articles or other things received, the time of the exchange, and the name and address of the person involved in the transaction. Such account must be made at the time of the transaction. Such account shall be made in a standard book, or other form approved by the Village, and shall be legibly typed or printed in ink. The description of each item of audio -video equipment, musical instrument, camera, appliance or machine of any type shall include: the brand name, the model number or type and any serial number or other identification number installed by the manufacturer. The description shall also include every other identifying marking, such as an inscription, a social security number, a name, a nickname or address appearing on the item. The description of each watch shall include the brand name, model number, metal or metals of composition, a description of the band, a description of the face numbers, the color, cut and type of stone or stones and any inscriptions appearing on the watch. The description of each item of jewelry shall include the type of metal or metals of composition, the type and cut of each stone, all inscriptions and the weight of each item. Every secondhand dealer shall require two forms of identification to be shown by each person purchasing, selling, exchanging or trading any goods, articles or other things. One of the two forms of identification w must include address, date of birth and social security number. One of the two forms of identification must be a photograph identification card. Sec, 11,2908, Removal of Identifying Marks. No secondhand dealer shall remove, alter or obliterate any manufacturer's make, model or serial number, personal identification number or any other identifying marks engraved or etched upon an item of personal property. A Sec. 11 e29099 Inspection. The record required by Section 11.2907, as well as every article or other thing: of value so purchased, sold, exchanged or traded shall at all times be open to inspection by the Village, or any police or law enforcement agency. Sec. 11.2910. Daily Report. It shall be the duty of every secondhand dealer to make out and deliver to the Village, on each day before the hour of 12 o'cAock noon, a legible and exact copy from the standard book as required in Section 11.2907 of this Article. Sec. 11.2911. Prohibited Transactions., A. No secondhand dealer shall have any business dealings with any person under eighteen (18) years of age, except upon the written consent of the parent or guardian of such person to each particular transaction. B. No person shall do work as a secondhand dealer who is under eighteen (18) years of age, and no secondhand dealer shall employ a person who is under eighteen (18) years of age to assist in the business. Sec. 11.2912. Property from Intoxicated Person or Thief. No secondhand dealer shall take any article from any person appearing to be intoxicated, nor from any person known to have been found guilty of theft. A law enforcement officer may provide such criminal conviction information to the secondhand dealer. Sec, 11.2 9'1 3. Sale of Property. No good, article or other thing purchased, traded, exchanged or otherwise received by a secondhand dealer shall be sold or removed from the place of business of the secondhand dealer for a period of ten (10) days after the copy and statement required by Section 11.2910 of this Code is delivered to the Village; except for any watch, coin, jewelry or item that contains, whether in full or in part, precious stones or precious metals, which item shall be held for twenty-one (21) days. Sec. 11.2914. Stolen Goods. It shall be the duty of every secondhand dealer to report to the police the receipt of any goods, article or thing, if the dealer believes that the article was stolen or lost. When any person is found to be the owner of stolen property which has been exchanged, traded, purchased or otherwise received by a secondhand dealer, such property shall be 561 immediately returned to the owner without payment of the money paid by the secondhand dealer thereon or any costs or charges of any kind which the secondhand dealer may have placed upon the same. Sec. 11.2915, Weapons, No secondhand dealer shall purchase, trade exchange or otherwise receive any firearm, as defined in 430 ILLS 5511-1 et seq.; nor shall any secondhand dealer purchase, trade, exchange or otherwise receive any blackjack, slungshot, sandclub, sandbag, metal knuckles, throwing star or switchblade. Sec. 1'1.2918. Repurchase Agreements, No secondhand dealer shall enter into► an oral or written agreement or understanding with the seller of any item of merchandise, whereby the seller receives or retains a right to repurchase the item that is superior to the right of any other person wi I I i ng to purchase such item. Sec. 11 a2917, Junk Yards, No person shall operate or maintain a junk yard or secondhand merchandise yard within the corporate limits of the Village of Mount Prospect. Sec. 11,2918, Penalty. Any person, firm or corporation who violates any of the provisions of this Article XXIX shall be fined not less than five hundred ($500.00) dollars for each offense. Each day that a violation is found to exist shall constitute a separate violation. SECTION MO,.P, Section 11.2301 entitled "License Required" of Chapter 11 of the Mount Prospect Village Code shall be amended by deleting the words "secondhand dealer or junk dealer in paragraph C of Section 11.2301. SECTION THREE* Section 11.2304 entitled "General Operating Requirements for Junk Dealers and Secondhand Dealers" of Chapter 11 of the Mount Prospect Village Code shall be deleting in its entirety. I'( Section 11.23051 entitled "Revocation of, License" of Chapter 11 of the Mount Prospect Village Code shall be renumbered to Section 11.2304 and, shall be further amended by deleting the: words" secondhand dealer or junk dealer". 15,g,C Q, FlIVE:I That this Ordinance shall be in full force and effect from and after itspassage, approval and publication in pamphlet form in the manner provided by law. I'll - AYES: NAYS: ABSENT: PASSED and APPROVED this day of 1990. Gerald L. Farley, Village President ATTEST: Velma W. Lowe, Village Clerk 574727,61:74AN :JAVA 12,771"END'o ORDINANCE NO. AN ORDINANCE AMENDING THE...VILLAgE CODE OF MOUNT PROSPECT BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT, COOK COUNTY, ILLINOIS: SECTION 1: That a new Article XXXVIII entitled "Placement of Publication Vending Equipment on Public Property" shall be added to Chapter 11 of the Mount Prospect Village Code to be and read as follows: ARTICLE XXXVIII -PLACEMENT OF PUBLICATION VENDING EQUIPMENT ON PUBLIC PROPERTY Sec. 11.3801. PUBLICATION VENDING EQUIPMENT, A. Definition The term "publication vending equipment" shall mean any self- service or coin-operated box, container, storage unit or other dispenser that is installed, used or maintained for the display and sale of magazines, newspapers or other news or advertising periodicals. B. Placement If the Village has set aside an area for the placement of publication vending equipment on public property, whether leased or owned in fee, it shall be unlawful to place such equipment outside the area designated for publication vending equipment on that particular parcel of public property. C. Identification Each piece of publication vending equipment shall have affixed to it a notice setting forth the name and address of the distributor and the telephone number of a working telephone to call during normal business hours to report a malfunction of the coin -return mechanism. Such notice shall not exceed one square foot in size and shall be in aplace easily seen by anyone using the newspaper vending machine. D. Nuisance Declared (1) Upon determination of the Village that a newspaper vending machine has been installed, used or maintained in violation of the provisions of this Article, an order to correct the offending condition shall be issued by the Village to the distributor of the newspaper vending machine. Such order shall be telephoned to the distributor and confirmed by mailing a copy of the order by certified mail return receipt requested. The order shall specifically describe the offending condition. Failure to correct the offending condition within three (3) days (excluding Saturdays, Sundays and legal holidays) after the mailing date of the order shall result in the offending newspaper vending machine being summarily removed and processed as unclaimed property by the Village. (2) If the offending newspaper vending machine is not properly identified as to the owner pursuant to subparagraph (D), the Village shall have the authority to proceed to remove, or cause to be removed and process as unclaimed property such newspaper vending machine in violation of the provisions of this Article. (3) If the offending condition creates a danger to public safety, the Village, shall have the authority to immediately proceed to remove or cause the removal of suchnewspaper vending machine. (4) The cost of such removal shall be charged to and recovered from the distributor or from the person for whom the same has been or is being installed. E. Other Regulations The Village Manager may prescribe and disseminate such other reasonable written regulations with respect to 'the size, number, location and condition of publication vending equipment on public property on which specific areas for the equipment have been set aside. F. Penalty Any person found guilty of violating this Article XXXVIII or any written regulations disseminated pursuant to this Article XXXVIII shall be fined not less than two hundred fifty ($250.00) dollars per day for each day that the violation occurs. SECTION 2*. That this Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form in the manner provided by law. AYES: NAYS: ABSENT: PASSED and APPROVED this day of . .... 1999. Gerald L. Farley, Village President ATTEST: Velma Lowe, Village Clerk C:IOFFICEXWPWIMWPDOCS\MMORDS\NEWSPAP2.ORD Director Glen R, Andler Wat4,r`/S,4wer Superintendent Radehck T 0"Oanova�rj� Deputy Director Sean R Dorsey Straets/Build[ngs Stiperintendent Paut C. E3ure,s Village Engineer Jeffrey A. Wulbecker Forestry/Grounds Superintendent Administrative Assistant Sandra M. Clark Dawn L. Wucki Vehicle/Equipme,nt S'u'Perintendent James Solid Waste Coordinator E, Guen'ther, M. Lisa Angell Mount Prospect Public Works Department 1700 W. Central Road, Mount Prospect, Illinois 80058-2229 Rhone 847/870-5640 Fax 847/253-93 TOO B47/392 -123E5 March 10,, 1999 NOTICE An informational meeting will be held on . Wednesday,, March 24,, 1999 at 7:00 p.m. to discuss the, Aspen Drive traffic improvements. The meeting wA be held at Robert Frost School", located at 1805 North Aspen Drive.The purpose, of the meeting is to provide a status report of the effectiveness of the traffic restrictions and to provide an opportunity for concerned parties to express their observations and comments. Village _staff will present the MrOrmation. School officials and members of the Village Board of Trustees will be in attendarice. Your attendance at this meeting is appreciated. If you have any questions, please contact Village Engineer Jeff Wulbe'cker at 870-5640, NOTE: ANY INDIVIDUAL WHO WOULD LIKE TO ATTEND THIS MEETING BUT BECAUSE OF A DISABILITY NEEDS SOME ACCOMMODATION TO PARTICIPATE SHOULD CONTACT THE VILLAGE MANAGER'S OFFICE AT 100 SOUTH EMERSON STREET, MOUNT PROSPECT,847/392-6000, EXTENSION 53271 TDD 847/392-60640 X: riles\engineer\traffic\trafflc\aspen\metnot3 Recycled Paper - Printed with Soy Ink COFFEE WITH COUNCIL Saturday, March 13,1999 9:00 a.m. 2nd Floor Conference Room, Village Hall VILLAGE MANAGER Michael E. Janoms VILLAGE CLERK Velma Lowe Meeting was convened at 9:00 a.m. Those present were: Trustees Timothy Corcoran, Paul Hoefert, Richard Lohrstorfer, and Irvana Wilks. Representing staff were Village Manager, Michael Janonis and Community Development Director, William Cooney. Residents in Attendance: 419 S. Emerson St. 700 Ivanhoe, #3B is MEETING LOCATION, Senior Center 50 South Emerson Street Mount Prospect, IL 60056 1 I. CALL TO ORDER lio, ROLL CALL VILLAGE MANAGER Michael E. Janonis VILLAGE CLERK Velma Lowe Phone: 847/818-5328 Fax: 847/818-5329 TDD: 847/392-6064 a MEETING DATE & TIME* Thursday March 25, 1999 7:3 0 p.m. ru. APPROVAL OF MINUTES — Minutes of February 11, 1999 meeting A. ZBA-23-98/Insignia Home/3032-34 W. Algonquin Rd./Fence Vafiafion B. ZBA-1-99/Text Amendment/B-5C Density & Height Standards and PUD Density Standards IV. NEW BUSINESS A*, ZBA-'2-99/ " arnco Cybertai*nment/999 N. Elmhurst Rd./ Condifional Use to establish an Indoor entertainment facility at Randhurst Mall B. 1BA-4-99/LaSalle Ban /200 E. Kensington Rd./ Condiftl'onal Use for an expansion of an existing drive-through,, facility from two lanes to four lanes at the Randhurst Mall LaSalle Bank branch V. QUESTIONS AND COMMENTS VI. ADJOURNMENT Notes, ZBA Case No.65-99, which was advertised for this meeting, has been withdrawn at the applicant's request, EYP . . ................. -— ----- — ------ - -- ------- .. ......... Any 'individual who would like to attend this meeting, because of adisability, needs s' ome accommodation to participate, should contact the Community Development Department at 100 S. Emerson, Mount Prospect,,, IL 60056, 847-3 9'' 5328, TDD #847-392-6064.o 41 ........... . .... . .................... . . . . .... . . . ...... . .............. . HAGEN\PLNG\ZBA\1999\agenda.doc --- --- Mm �kvll 0 kin "Ulk ZBA CASE NO. ZBA-23-98 I W 11OW(W161T �A 0) 011.1 Xft 1 0 0 PUBLICATION DAT REQUEST* 0 -J-* --a-Zolp 63"o TIMI DO X11-11 "MR1. II I ► L ► Hearing Date: February 11, 1999 Mark Janeck for: Insignia Homes, L.L.C. 2401 S. Plum Grove Road, #110 Palatine, IL 60067 3032-3034 Algonquin Road November 25,1998 JOURNAL/TOPICS Request for a Variation to construct a six-foot, 4 inch fence along a side property line Michaele Skowron, Chairperso Leo Floros Elizabeth Luxem Arlene Juracek Richard Rogers IUMMITI111" 41 1 William J. Cooney, Jr., AICP Community Development Director Michael Blue, AICP Comm. Development Deputy DI*rectol Jeffrey Perkins, AICP, Planner 0 INTERESTED PARTIES. Mark Janeck Chai*rperson Mi*chaele Skowron called the meeting to order at 735 p.m. Minutes for the December 10, A*N 1998 meefing, t�ases ZBA-20-98, ZBA-22-98., ZBA-23-98, ZBA-24-98 and ZBA-25-98, were approved by a vote of 5-0. Chairperson Skowron introduced Case No. ZBA-23-98, continuation of a Variation request tabled at th- ZBA meeting of December 10, 1998. The request is for a Variation to increase the permitted fence heig from five feet to six feet, six *inches for construction of a perimeter fence along the east side property li*n of an approved duplex development. Jeff. Perkins, Planner, stated that public nofice for the item "in the form of a 250' mai'ling, a sign, and newspaper ad was given for the original consideration of this item 'in December and that no addition notice is required. He indicated that the ZBA's decision is final for this fence Variation case. Mr. Perkins then 'introduced the staff memorandum- for the 'item. The applicant is requesting a Variation for the height of a fence along the east property line of the Insignia Place development. The original -submission" was for an 8' foot wood fence. The Z tabled that request to give the applicant and staff time to work out alternative solutions with the owners of the adjacent Algonquin Trails property. 1 V Zoning Board of Appeals ZBA-23-98 Michaele Skowron, Chairperson Page 2 Mr. Perkins stated that since that time the applicant has reduced the request to 6" 6". He added that the 2pplicant's Justlitcation for the Variation remains the same, light encroaching from the Algonquin Tra"Is property from vehicles and site lighting causedby the elevation difference between the two properties. He further stated that the applicant and staff met with two property owners 'in the Algonquin Trails development, Dan Kunyez and Karl Thomas, who own a majority of the units in the development. Both of them objected to a wood fence of any height due to concerns about gr i . Bo wou prefer a chain link fence. Staff also discussed with t the idea of using landscaping 'in this area. He objected to a hedge along the property line due to security and maintenance concerns. Mr. Perkins *Indicated that there are several 6 -foot fences in the vicinity of the proposed fence, none of which was marked with graffiti when staffvisited the area. He added that 'if graffiti becomes a problem 'in the area, residents could contact the ff 's graiti hot line to have the Insignia Place A Villagessociation a 9 ence height remove it. He stted that.graffiti is a maintenance issue that would be present re ardless of f and not related to the 'Issue of hardship. He also stated that the Board has granted one va I riation in the area - for & 6' fence for the nearby Timberlake development. Mr. Perkins then gave staffs recommendation of approval of the proposed variation, because the a # elevation difference between the sites creates a hardship based on the unique characteristics of the site,. Mark Janeck of d Insignia Homes, 2401 S. Plum Grove Road, Palatine, IL, was sworn in. Mr. Jan,eck stated herdinot �plan� to present any rurther information than was presented at the December I Oth ZBA-meeting. Hesaid he wouia answer any questions from the,Board. t asked if Mr., Janeck ha&donelhe math on what, size fence would be teeded to block headlight glare from the adjacent parking lot, Mr. Janeck said he had measured car headlight heights ranging from 2' to 38" which, given the elevation difference between the properties, required a six-foot fence to block the, glare. Mr. Floros, suggested a wrought iron fence And plantings -as a more attractive plan. Mr. Janeck stated it would take many years to establish tall enough plantings and their purpose would be defeated 'if they were not properly maintained. # ## # 1 0 Is ^ Mr. Janeck stated the homeowners association would be responsible to maintain tne tence. Ms. Skowron asked if there was a fence planned for the west side of the complex and Mr. Janeck said there was an ence would be six feet with a existing fence. Mr. Rogers asked for confirmation that the propod sef ix, incnes, or wood. Mr. Janeck assured him that was the case. inch base, not six feet, s * * * Leo Floros made a motion to approve the request for a Variation to construct a six-foot., six-incti tence aloa side property line for Case No. ZBA-23-98. Eliza ngbeth Luxem seconded the motion. AYES: Floros, Juracek, Luxem, Rogers, Skowron. #*IV 0 Variation request was approved by a vote of 5-0. The Loning Board of Appeals is final in this case,. After hearing •the remaining case on the agenda, Elizabeth Luxem made motion to adjourn, seconded by J* Leo Floros. Meeting was acijoumed at J Barbara Swiatek, Planning Secretary ------- .... --- STAFFMMAMERS PRESENT, Hearing Date: February 11, 1991', •=- - - - - *1 CIODIM cc -144 January 2?, 1999 JOURNALffOPICOO ,10 Text Amendment to modify regulations regaraing the height Is O's limit and maximum resiaential density 'in the B -5C Central Commercial Core Zoning District MI*chaele Skowron, Chairpersoils Leo Floros Elizabeth Luxem, Arlene Juracek Richard Rogers William, J. Cooney, Jr., AICP Community Development Director Michael Blue, AICP Comm. Development Deputy Director Jeffrey Perkins, AICP, Planner None, Chai*rperson Michaele Skowron called the meeting to order at 7:35 p.m. Minutes for the December 10, 1998 meeting, Cases ZBA-20-98, ZBA-22-98, ZBA-23-98, ZBA-24-98 and ZBA-25-98., were approved by a vote of 5-0. Chairperson Skowron 'introduced Case No. ZBA-01-99, a request for a Text Amendment to modl*fy regulaflons a 0 regardm*g the height limit and maximum residential density in the B -SC Central Commercial Core Zoning District. 0 Jeff Perki'ns, Planner, stated that public notice for the Text Amendment had been given in the form of a newspaper q 0 1 legal ad. He ffiaicated that the Village Board's decision 'is final for this Text Amendment, Zoning Board of Appeals ZBA-01-99 Michaele Skowron, Chairperson Page 2 m A • IUTI 0 161 9 w 9 A v 6 1 1 0 0 .0 Ik w SIM All Of L No ow go PFR- PIT: sk VILL AGE,,:OF T,,,PR Sr iCT1 FINANCE COMMISSION r AGENDA;:. N Tbu l f i i J r dr, March 25,, 1999 7.*00 p.m. y VILLAGE HALE t 2nd Floor C erence, Rooms l I Cali. to Order R Approval of minutes Haug of February 25 1999 IV Discission Regarding Human Seirvices , r V Discus sion Regarding Finance Department VI Discussion Regarding Vehicle Replacement 111 Update on Recent G. 0. Bond Sale V111 Other Business IX Next Meeting,* April 1999 IhUnloeb X -Adjournment mdivWuW1Wh,0'WoWd, like-to,,at sorm,", ac m "» 4r� particiater ;s o 'Di "tr ,e 1,5277 Mount,',P speelt (841),392,60W, ex 6064.