HomeMy WebLinkAboutCOW Agenda Packet 08/22/2006
COMMITTEE OF THE WHOLE
AGENDA
Meeting Location:
Mount Prospect Village Hall
50 South Emerson Street
Meeting Date and Time:
Tuesday, August 22, 2006
7:00 p.m.
I. CALL TO ORDER - ROLL CALL
Mayor Irvana K. Wilks
Trustee Timothy Corcoran Trustee Richard Lohrstorfer
Trustee Paul Hoefert Trustee Michaele Skowron
Trustee John Korn Trustee Michael Zadel
II. REQUEST DEFERRAL OF ACCEPTANCE OF MINUTES OF AUGUST 8,2006
III. CITIZENS TO BE HEARD
IV. SMOKING REGULATIONS DISCUSSION
THIS IS A CONTINUATION OF THE DISCUSSION OF THE COMMITTEE OF THE WHOLE
MEETING OF MA Y 9, 2006.
Last year, the Illinois Legislature amended the Illinois Indoor Clean Air Act (IICAA) to allow
municipalities to adopt local Public Smoking Regulations more stringent than those enumerated in the
IICAA. At that time, several members of the Village Board expressed a desire to have some
discussion regarding the adoption of local regulations. Earlier this year, the Cook County Board of
Commissioners adopted County-wide Public Smoking Regulations that will become effective in March
2007. The County smoking regulations will apply to Mount Prospect unless we choose to adopt our
own regulations prior to the effective date of the County Act.
The Village has three (3) basic options to consider. First, we can choose to do nothing and allow the
County Act to become effective. Second, we can adopt local regulations that are more stringent than
the County Act. Finally, we could maintain the status quo by declaring (through Ordinance) the Village
adopts the IICAA as the local standard. The County ban is fairly comprehensive in this scope, while
the IICAA is substantially more permissive. A number of area communities have recently adopted
local bans with varying but similar degrees of stringency. Copies of the State, County and local Acts
are included in the Agenda package.
Tuesday evening will mark the beginning of public discussion regarding which option the Village will
eventually pursue. Recognizing this topic is both high profile and somewhat controversial, efforts
have been made to notify both the public and business community of the impending discussion and
encourage all to participate in same. Specific notification has been given to the Chamber, Economic
Development Commission, and entertainment/dining based businesses. The Village has also
established an e-mail address (smokingregs@mountprospect.org) to facilitate commentary on the
subject.
NOTE: ANY INDIVIDUAL WHO WOULD LIKE TO ATTEND THIS MEETING BUT BECAUSE OF A
DISABILITY NEEDS SOME ACCOMMODA TlON TO PARTICIPA TE, SHOULD CONTACT THE
VILLAGE MANAGER'S OFFICE A T 50 SOUTH EMERSON, MOUNT PROSPECT, ILLINOIS 60056,
847/392-6000, EXTENSION 5327, TDD #847/392-6064.
V. VILLAGE MANAGER'S REPORT
VI. ANY OTHER BUSINESS
VII. ADJOURNMENT
CLOSED SESSION
PROPERTY ACQUISITION
5 ILes 120/2 (c) (5). liThe purchase or lease of real property for the use of the public body."
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06-0-11
ORDINANCE
Sponsored by
THE HONORABLE MIKE QUIGLEY, JERRY BUTLER, FORREST CLAYPOOL,
EARLEAN COLLINS, JOHN P. DALEY, GREGG GOSLIN, CARL R. HANSEN,
ROBERTO MALDONADO, JOSEPH MARIO MORENO, ANTHONY J. PERAICA,
DEBORAH SIMS AND BOBBIE L. STEELE, COUNTY COMMISSIONERS
COOK COUNTY CLEAN INDOOR AIR ORDINANCE
WHEREAS, secondhand smoke contains over 4,000 chemical compounds, of which 200 are known
poisons including carbon monoxide, arsenic, cyanide, benzene and formaldehyde; and
WHEREAS, the U.S. Environmental Protection Agency classifies secondhand smoke as a "Class A
Carcinogen"; and
WHEREAS, the U.S. Center for Disease Control (CDC) estimates that 3,000 lung cancer deaths and
more than 35,000 coronary heart disease deaths occur annually among adult nonsmokers in the United
States as a result of exposure to secondhand smoke; and
WHEREAS, secondhand smoke is the third leading cause of preventable death in the U.S. and causes
cancer, stroke, and heart disease, and has also been linked to Sudden Infant Death Syndrome (SIDS) and
exacerbation of asthma symptoms, including triggering asthmas attacks; and
WHEREAS, employees who work in smoke-filled businesses suffer a 25-50% higher risk of heart attack
and higher rates of death from cardiovascular disease and cancer, as well as increased acute respiratory
disease and measurable decrease in lung function; and
WHEREAS, the American with Disabilities Act, which requires that disabled persons have access to
public places and workplaces, deems impaired respiratory function to be a disability; and
WHEREAS, there is no known safe level of exposure to secondhand smoke; and
WHEREAS, the U.S. Surgeon General has determined that the simple separation of smokers and
nonsmokers within the same air space may reduce, but does not eliminate, the exposure of nonsmokers to
secondhand smoke; and
WHEREAS, the U.S. Environmental Protection Agency has determined that secondhand smoke cannot
be reduced to safe levels in businesses by high rates of ventilation; and
WHEREAS, air cleaners, which are only capable of filtering the particulate matter and odors in smoke,
do not eliminate the known toxins in secondhand smoke; and
WHEREAS, ASHRAE (American Society of Heating, Refrigerating and Air Conditioning Engineers)
bases its ventilation standards on totally smoke-free environments because it cannot determine a safe level
of exposure to secondhand smoke, which contains cancer-causing chemicals, and ASHRAE
acknowledges that the technology does not exist that can remove chemicals from the air that cause cancer;
and
WHEREAS, exposure to secondhand smoke costs the nation $5 billion in direct medical costs and $5
billion in indirect medical costs annually; and
WHEREAS, limiting the exposure to secondhand smoke will result in considerable savings to taxpayers
through the reduction of direct and indirect medical costs for Cook County employees and taxpayers
utilizing Cook County health facilities; and
WHEREAS, the states of California, Massachusetts, Rhode Island, Utah, Vermont, Idaho, Connecticut,
South Dakota, Maine, Delaware, Florida, New Jersey and Washington adopted protective clean indoor air
laws that eliminate workers', patrons', and visitors' exposure to secondhand smoke; and
WHEREAS, since 2002, ninety independent studies have concluded that there is either no economic
impact or there is a positive economic impact after the implementation of smoke-free restaurantlbar laws
and laws banning smoking in the workplace; and
WHEREAS, the Cook County Board of Commissioners finds and declares that the purposes of this
Ordinance are (1) to protect the public health and welfare by prohibiting smoking in all public places and
places of employment; and (2) to guarantee the right of nonsmokers to breathe smoke-free air which shall
have priority over the desire to smoke.
NOW, THEREFORE, BE IT ORDAINED BY THE COOK COUNTY BOARD OF
COMMISSIONERS:
Section 1: Title
This Ordinance shall be known as the Cook County Clean Indoor Air Ordinance.
Section 2:
Interpretation with Other Laws
Nothing in this Ordinance supersedes any existing elimination of smoking that is already covered
by fire code restrictions.
Section 3:
Definitions
The following words and phrases, wherein used in this Ordinance, shall have the following
meanings:
"Arcade" means a place of amusement, which contains four or more automatic amusement
devices and is not licensed to serve alcoholic liquor.
"BarlTavem" means an establishment that is devoted to the serving of alcoholic beverages for
consumption by guests and patrons on the premises and does not have an on-site kitchen to prepare food.
Food service is limited to providing snack items or commercially prepared or wrapped foods that require
no preparation.
"Business" means any sole proprietorship, partnership, joint venture, corporation, limited liability
company or other business entity formed for profit-making purposes, including without limitation retail
establishments where goods or services are sold as well as professional corporations and other entities
where legal, medical, dental, engineering, architectural, or other professional services are delivered.
"Employee" means any person who is employed by an employer in consideration for direct or
indirect monetary wages or profit and a person who volunteers his or her services for a non-profit entity.
"Employer" means any person, business, partnership, association, corporation, including without
limitation a municipal corporation, trust, or non-profit entity that employs the services of one or more
individual persons.
"Enclosed Area" means all space between a floor and ceiling that is enclosed or semi-enclosed
with (i) solid walls or windows (exclusive of doorways), which extend from the floor to the ceiling, or
(ii) solid walls with half wall partition and no windows (exclusive of doorways) without limitation to
lobbies and corridors.
"Health-Care Facility" means any office or institution providing medical care or treatment of
diseases, whether physical, mental, or emotional, or other medical, physiological, or psychological
conditions, including without limitation hospitals, clinics, homes for the aging or chronically ill,
laboratories, and offices of surgeons, chiropractors, physical therapists, physicians, dentists and all
specialists within these professions. The defmition shall include all waiting rooms, hallways, private
rooms, semiprivate rooms, and wards within health care facilities.
"Place of Employment" means any enclosed area under the control of a public or private
employer that employees frequent during the course of employment, including without limitation work
areas, employee lounges, restrooms, conference rooms, classrooms, employee cafeterias, hallways and
vehicles. A private residence is not a "Place of Employment" unless it is used as a childcare, adult day
care, health care facility, or home-based business of any kind open to the public.
"Public Place" means any enclosed area to which the public is invited or in which the public is
permitted, including without limitation banks, educational facilities, government buildings, health care
facilities, laundromats, museums, public transportation facilities, reception areas, restaurants,
bars/taverns, retail food production and marketing establishments, retail service establishments, retail
stores, shopping malls, sports arenas, theaters, and waiting rooms. A private residence is not a "Public
Place" unless it is used as a childcare, adult daycare, health care facility, or home-based business of any
kind open to the public.
"Private Club" or "lodge" means any not-for-profit association that: (i) has been in active and
continuous existence for at least three years; and (ii) has a membership roll of more than 50 bona fide
members who pay membership dues on an annual or other periodic basis. For purposes of this section
"bona fide members" do not include members who pay membership dies at the time of an amusement
produced, presented or conducted by the club or lodge or in conjunction with contracting for production,
presentation or conduct of an amusement by the club, as a condition to entering the premises where the
amusement is produced, presented or conducted.
"Private Function" means a gathering of persons for the purpose of deliberation, education,
instruction, entertainment, amusement or dining where membership or specific invitation is a prerequisite
to entry and where the event is not intended to be open to the public.
"Restaurant" means an eating establishment, including without limitation coffee shops, cafeterias,
sandwich shops, and private and public school cafeterias that gives or offers for sale, food to the public,
guests or employees, as well as kitchens and catering facilities in which food is prepared on the premises
for serving elsewhere. The term "Restaurant" shall include a restaurant bar area.
"Restaurant bar area" means an area of a restaurant that is primarily devoted to the serving of
alcoholic liquor.
"Retail Tobacco Store" means any retail store utilized primarily for the sale of tobacco products
and accessories and in which the sale of other products is merely incidental and where no one under 18 is
permitted.
"Secondhand smoke" or "Involuntary smoking" is a mixture of the smoke given off by the
burning ends of a cigarette, pipe, cigar, bidis, and kreteks (sidestream smoke) and the smoke emitted at
the mouthpiece and exhaled from the lungs of smokers (mainstream smoke).
"Service Line" means any indoor line at which one (1) or more persons are waiting for or
receiving services of any kind, whether or not the service involves the exchange of money.
"Shopping Mall" means any enclosed walkway or hall area that serves to connect retail or
professional establishments.
"Smoking" means inhaling, exhaling, burning, or carrying any lighted cigar, cigarette, pipe,
weed, hookah, or other lighted tobacco product in any manner or in any form.
"Enclosed or Semi-Enclosed" "Sports Arena" or "Recreational Area" means any sports pavilion,
stadium, gymnasium, health spa, boxing arena, swimming pool, roller and ice rink, bowling alley and
other similar places where members of the general public assemble either to engage in physical exercise,
or participate in athletic competition or recreational activity, to witness sports, cultural, recreational or
other events.
Section 4:
Prohibition of Smoking in Public Places
Smoking shall be prohibited in all enclosed public places and places of employment within the
County of Cook, including without limitation the following places:
1. Arcades.
2. Aquariums, galleries, libraries, and museums.
3. Bars/taverns.
4. Bingo facilities.
5. Bowling Alleys.
6. Convention facilities.
7. Facilities primarily used for exhibiting a motion picture, stage, drama, lecture, musical recital,
or other similar performance.
8. Health care facilities and adult day care facilities.
9. Day care centers, nursery schools, elementary schools, high schools, community colleges,
technical training establishments, specialty schools, colleges, and universities.
10. Lobbies, hallways and other common areas in apartment buildings, condominiums and
enclosed common areas in trailer parks.
II. Polling places.
12. Public Transportation under the authority of government agencies, including without
limitation buses, trains, taxicabs, and limousines, and ticket boarding and waiting areas of
public transit stations.
13. Restaurants, including if applicable, a Restaurant bar area.
14. Restrooms, lobbies, reception areas, hallways, and other enclosed common-use areas.
15. Public elevators and all retail stores where merchandise is displayed and offered for sale.
16. Rooms, chambers, places of meeting or public assembly, including without limitation school
buildings, under the control of an agency, board, commission, committee or councilor a
political subdivision of the State, to the extent the place is subject to the jurisdiction of the
County .
17. Service lines.
18. Shopping malls.
19. Sports arenas or recreational areas, including without limitation, enclosed places in outdoor
areas.
20. Grocery stores.
21. Public meetings.
22. Gymnasiums.
23. Gaming facilities
24. Public and private school buildings
Section 5: Reasonable Distance
Smoking is prohibited within fifteen (15) feet of any entrance to an enclosed area in which
smoking is prohibited.
Section 6:
Where Smoking is not Regulated
Notwithstanding any other provision of this Article to the contrary, the following areas shall be
exempt from the provisions of this Ordinance, provided smoking is not limited in such areas under the
Illinois Clean Indoor Air Act.
1. Private residences, except when used as a licensed childcare, adult care facility, health care
facility, or a home-based business of any kind open to the public.
2. Hotel and motel sleeping rooms that are rented to guests and are designated as smoking
rooms provided, however, that not more than twenty-five percent (25%) of the rooms rented
to guests in a hotel or motel may be so designated.
3. Private and semi-private rooms in nursing homes and long-term care facilities that are
occupied by one or more persons, all of whom are smokers and have requested in writing to
be placed or to remain, as the case may be, in a room where smoking is permitted.
4. Private clubs or lodges.
Section 7: Declaration of Establishment as Non-smoking
Notwithstanding any other provision of this Ordinance, an owner, operator, manager, or other
person in control of an establishment, facility, or outdoor area may declare that entire establishment,
facility, or outdoor area as a non-smoking place.
Smoking shall be prohibited in any place in which a sign conforming to the requirements of this
Ordinance is posted.
Section 8:
Posting of Signs
A. Every public place and place of employment where smoking is prohibited by this Ordinance shall
have posted at every entrance a conspicuous sign clearly stating that smoking is prohibited.
B. The operator, manager or other person having control of an area where smoking is prohibited by
this Ordinance shall remove all ashtrays and other smoking paraphernalia intended for use where
smoking is prohibited.
Section 9:
Non-retaliation
No person or employer shall discharge, refuse to hire, or in any manner retaliate against an
employee, applicant for employment, or customer because that employee, applicant, or customer
exercises any rights afforded by this Ordinance or reports or attempts to prosecute a violation of this
Ordinance.
Section 10:
Enforcement
A. Any law enforcement agency and certified local public health department with jurisdiction shall be
authorized to enforce this Ordinance within its jurisdiction. The certified local public health
department is the Cook County Department of Public Health, except within those areas within
Cook County which are served by another local health department certified by the Illinois
Department of Public Health, in which case said certified local health department shall be
authorized to enforce the Ordinance.
B. Any citizen who desires to register a complaint under this Ordinance may file a complaint with the
Cook County Department of Public Heath. If it does not have jurisdiction, the Cook County
Department of Public Health shall transmit the complaint to the appropriate certified local health
department.
C. The Cook County Department of Public Health or designees shall, while an establishment is
undergoing other public health inspections, inspect for compliance with this Ordinance.
D. Any owner, manager, operator, or employee of an establishment regulated by this Ordinance shall
inform persons violating this Ordinance of the appropriate provisions thereof.
E. In addition to the remedies provided by the provisions of this Ordinance, the applicable certified
local health department or any person aggrieved by the failure of the owner, operator, manager of
other person in control of a public place or a place of employment to comply with the provisions of
this Section may apply for injunctive relief to enforce these provisions in any court of competent
jurisdiction.
Section 11:
Violations and Penalties
A. A person who smokes in an area where smoking is prohibited by this Ordinance shall be guilty of
an infraction, punishable by a fme not more than one hundred dollars ($100).
B. A person who owns, manages, operates, or otherwise controls a public place or place of
employment and who fails to comply with the provisions of this Ordinance shall be guilty of an
infraction, punishable by:
1. A fme not exceeding one hundred dollars ($100) for the first violation.
2. A fine not more than five hundred dollars ($500) for the second violation within one (1) year
of the first violation.
3. A fme not more than two thousand five hundred dollars ($2500) for each additional violation
within one (1) year and a sixty (60) day suspension or revocation of any permit or license
issued to the person for the premises on which the violation occurred.
C. Each day on which a violation of this Ordinance occurs shall be considered a separate and distinct
violation.
D. Fines collected pursuant to this Ordinance will be deposited into a Special Fund created and
maintained by the Cook County Treasurer. This Special Fund shall be utilized as directed by the
Cook County Board of Commissioners for enforcement, public education purposes relating to the
health hazards associated with smoking and for lung related illness programs. The Cook County
Board of Commissioners may enter into intergovernmental agreements with local governmental
entities to allow distribution of a portion of such Special Fund to such local governmental entities,
for use in accordance with these purposes.
<< '
Section 12:
Public Education
The Cook County Department of Public Health within its jurisdiction shall engage in a continuing
program to explain and clarify the purposes and requirements of this Ordinance to citizens affected by it,
and to guide owners, operators, and managers in their compliance with it. Within their jurisdictions, local
health departments certified by the Illinois Department of Public Health are authorized to provide the
same continuing programs.
Section 13:
Other Applicable Laws
This Ordinance shall not be interpreted or be construed to permit smoking where it is otherwise
restricted by other applicable laws.
Section 14:
Severability
If any provision, clause, sentence or paragraph of this Ordinance or the application thereof to any
person or circumstances shall be held invalid by a court of competent jurisdiction, such invalidity shall
not affect the other provisions of this Ordinance which can be given effect without the invalid provision
or application, and to this end the provisions of this Ordinance are declared to be severable.
Section 15:
Applicability of this Ordinance
This Ordinance shall apply to all areas within Cook County, Illinois except those areas which are
governed by an ordinance of another governmental entity (which by law may not be superseded by this
Ordinance).
Section 16:
Effective Date
This Ordinance shall take effect three hundred sixty five (365) days from its passage.
Approved and adopted this 15th day of March 2006.
* Revised as of March 24, 2006
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PUBLICATION OF:
ORDINANCE NO. 06-
AN ORDINANCE PROHIBITING SMOKING IN CERTAIN PLACES
ADOPTED:
PUBLISHED IN PAMPHLET FORM PURSUANT TO AUTHORIZATION AND
DIRECTION OF THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE
OF SCHAUMBURG ON
ORDINANCE NO.
AN ORDINANCE PROHIBITING SMOKING IN CERTAIN PLACES
WHEREAS, the Village of Schaumburg is a home rule unit pursuant to the provisions of
Article VII, 96 of the Constitution ofthe State of Illinois; and
WHEREAS, the Village has authority and power to regulate for the protection of the
public health and welfare; and
WHEREAS, pursuant to the proVIsIOns of 65 ILCS 5/11-19.1-11, the corporate
authorities of the Village have the authority to prescribe by ordinance the regulation of the use of
lands connected with the emission of air contaminants and may abate operations activities or
uses causing air contamination; and
WHEREAS, the President and Board of Trustees have found and determined that based
upon the United States Environmental Protection Agency's classification, secondhand smoke is a
"class A carcinogen"; and
WHEREAS, secondhand smoke is the third leading cause of preventable death in the
United States and causes cancer, stroke and heart disease; and
WHEREAS, employees who work in smoke filled businesses suffer a substantially
higher risk of heart attack and higher rates of death from cardiovascular disease and cancer, as
well as increased acute respiratory disease and measurable decrease in lung function; and
WHEREAS, the U.S. Environmental Protection Agency has determined that secondhand
smoke cannot be reduced to safe levels in businesses by high rates of ventilation; and
WHEREAS, the President and Board of Trustees of the Village of Schaumburg finds and
declares that the purposes of this Ordinance are: (1) to protect the public health and welfare by
2
prohibiting smoking in all public places and places of employment, and (2) to guarantee the right
of nonsmokers to breath smoke-free air which shall have priority over the desire to smoke.
NOW THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF
TRUSTEES OF THE VILLAGE OF SCHAUMBURG:
SECTION ONE:
Title. This Ordinance shall be known as the Village of Schaumburg Clean Indoor Air
Ordinance and shall be in addition to and not be limited by the provisions of any state or federal
legislation, it being the intent of the President and Board of Trustees to enforce the most
restrictive regulations available to curb secondhand smoke.
SECTION TWO:
Definitions. The following words and phrases used in this ordinance shall have the
following meanings:
(A) "Enclosed Area" means all space between a floor and a ceiling that is enclosed or
semi-enclosed with (i) solid walls or windows (exclusive of doorways) which extend from floor
to the ceiling, or (ii) solid walls with half wall partitions and no windows (exclusive of
doorways) without limitation to lobbies and corridors.
(B) "Place of Employment" means any enclosed area under the control of a public or
private employer where one or more employees are required or permitted by an employer to
work in the course of their employment and includes without limitation, work areas, private
offices, auditoriums, classrooms, conference and meeting rooms, cafeterias, elevators, employee
lounges, stairs, hallways, restrooms, medical facilities, private clubs, and the interior of a vehicle
of public conveyance. A private residence is not a "place of employment" unless the dwelling is
also used partially or exclusively as a day care facility for children or adults, a health care facility
3
or a home based business of any kind open to the public provided that rooms in nursing homes or
long-term care facilities occupied by one or more persons who have requested in writing a room
where smoking is permitted shall be considered private dwelling units.
(C) "Public Place" means any area that is open to and used by the general public, or
any area to which the public is invited or in which the public is permitted, including without
limitations:
(1) vehicles of public conveyance;
(2) common or public areas (including without limitation lobbies,
hallways, reception areas, public restrooms, storage, laundry, and
elevators) of apartment buildings, condominiums, dormitory
buildings. nursing home care facilities. and other multiple family
residential structures;
(3) common or public areas (including without limitation lobbies,
hallways. reception areas. public restrooms, and elevators) or any
building or structure that is accessible to the public including
without limitation office, commercial and industrial buildings,
banks and financial institutions, education institutions, health care
facilities such as hospitals. clinics and doctor's offices, museums,
libraries, restaurants, polling places. government and Village-
owned buildings. food stores. cafeterias. shopping malls. sports
arenas. theaters. auditoriums. public transportation facilities.
hotels. motels, and retail and service establishments;
(4) rooms. chambers. halls. or other locations within which meetings.
hearings. or gatherings are held. to which the public is invited or in
which the public is permitted, including specifically. but without
limitation, any enclosed area under the control of the Village of
Schaumburg where there is, in progress. any public meeting.
Provided, however, that "Public Place" shall not include hotel or motel rooms designated
as "smoking" provided that no more than twenty percent (20%) of the available rooms for rent in
any single building shall be designated as "smoking rooms".
(D) "Secondhand smoke" or "Involuntary smoking" is a mixture of the smoke given
off by the burning ends of a cigarette, pipe, cigar, bidis, and kreteks (sidestream smoke) and the
smoke emitted at the mouthpiece and exhaled from the lungs of smokers (mainstream smoke).
4
(E) "Smoking" means inhaling, exhaling, burning, or carrymg any lighted cigar,
cigarette, pipe, weed, hookah, or other lighted tobacco produce in any manner or in any form.
SECTION THREE:
Prohibition of Smoking in Public Places. Smoking shall be prohibited in all enclosed
public places and places of employment within the Village of Schaumburg. The prohibition
shall also extend to any enclosed or semi-enclosed sports arena or recreational area, including
sports pavilion, stadium, gymnasium, health spa, boxing arena, swimming pool, roller or ice rink,
bowling alley, and other similar places where members of the general public assemble. It shall
be unlawful for the owner, occupant or lessee in control of the public place to permit smoking in
any such public place.
SECTION FOUR:
Prohibition Within Distance of Public Places. Smoking is prohibited within fifteen
(15) feet of any entrance to an enclosed area in which smoking is prohibited and also within
fifteen (15) feet of any outdoor eating establishment or facility.
SECTION FIVE:
Exemptions. Notwithstanding any other provision of this ordinance, the following areas
shall be exempted from its provision provided smoking is not limited or prohibited in such areas
under the Illinois Clean Indoor Air Act or federal legislation:
(a) Smoking areas incidental to the sale of tobacco in businesses where smoking is
confined to the premises by water pipe or other smoking devices, provided, however that said
smoking shall take place wholly within such enclosed premises.
(b) A private residences as hereinabove defined.
(c) Hotel and motel sleeping rooms subject to restrictions as hereinabove set forth.
5
(d) Private and semi-private rooms in nursing homes and long-term care facilities
occupied by one or more persons, all of whom are smokers and have requested in writing to be
placed or to remain as the case may be in a room where smoking is permitted.
SECTION SIX:
Posting of Signs. Every public place and place of employment where smoking is
prohibited by this Ordinance shall have posted at every entrance a conspicuous sign indicating
"NO SMOKING". Such "NO SMOKING" signs shall have a white field with the words "No
Smoking" printed in red letters four (4) inches high with a one-half (112) inch face or shall bear
the international "NO SMOKING" symbol which consists of a pictorial representation of a
cigarette enclosed in a circle with a bar across it. It shall be unlawful for any person to remove,
deface or obscure any sign posted pursuant to the provisions of this ordinance. The operator,
manager, or other person having control of an area where smoking is prohibited shall remove all
ashtrays and other smoking paraphernalia intended for use where smoking is prohibited.
SECTION SEVEN:
Violations and Penalties. Any person who smokes in an area where smoking is
prohibited by this Ordinance shall be punished of a fine of not more than One Hundred Dollars
($100). Any person who owns, manages, operates, or otherwise controls public place or place of
employment who fails to comply with the provisions of this Ordinance shall be fined not
exceeding One Hundred Dollars ($100) for the first violation and Five Hundred Dollars ($500)
for the each subsequent offense within one year of the first violation. Each day on which a
violation of this Ordinance occurs shall be considered a separate offense. The Village Manager
is hereby further authorized to seek an injunction if he determines intentional and repeated
violations of this Ordinance by the owner, manager, or person in control of a public place or
6
place of employment and may commence revocation proceedings for any license issued to a
public place subject to licensing by the Village.
SECTION EIGHT. All ordinances inconsistent with this Ordinance be and they are
hereby repealed.
SECTION NINE. This ordinance shall be in full force and effect on January 2,2007.
The Village Clerk is hereby authorized and directed to publish this Ordinance in pamphlet form
in the manner provided by law.
AYES:
NAYS:
PASSED & APPROVED this _ day of
,2006.
Village President
ATTEST:
Village Clerk
APPROVED:
Assistant Village Attorney
S:legal/ords/smoking prohibition
7
MAYOR
Irvana K. Wilks
Mount Prospect
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TRUSTEES
Timothy J. Corcoran
Paul Wm. Hoefert
A. John Korn
Richard M. Lohrstorfer
Michaele W. Skowron
Michael A. Zadel
Village of Mount Prospect
50 South Emerson Street Mount Prospect, Illinois 60056
VILLAGE MANAGER
Michael E. Janonis
VILLAGE CLERK
M. Lisa Angell
VILLAGE OF MOUNT PROSPECT
FINANCE COMMISSION
CANCELLATION NOTICE
THE FINANCE COMMISSION MEETING
SCHEDULED FOR THURSDAY AUGUST 24, 2006
HAS BEEN CANCELLED
Phone: (847) 392-6000
Fax: (847) 818-5336
TDD: (847) 392-6064
TRUSTEES
Timothy J. Corcoran
Paul Wm. Hoefert
A. John Korn
Richard M. Lohrstorfer
Michaele W. Skowron
Michael A. Zadel
VILLAGE MANAGER
Michael E. Janonis
MAYOR
Irvana K. Wilks
Mount Prospect
VILLAGE CLERK
M. Lisa Angell
Phone: 847/392-6000
Fax: 847/392-6022
www.mountprospect.org
Village of Mount Prospect
50 South Emerson Street, Mount Prospect, Illinois 60056
COMMUMITY RELATIONS COMMISSION
ORDER OF BUSINESS
SPECIAL MEETING
Meeting Location
Police/Fire Training Room
112 E. Northwest Highway
Mount Prospect, IL 60056
Meeting Date and Time:
August 24, 2006
7:00 P.M.
I. CALL TO ORDER
II. ROLL CALL
III. VILLAGE GRANT APPLICATION (CDBG)
· Presentations from Sub-Recipients
IV. ADJOURNMENT
Call to Meeting
The Mount Prospect Fire Department Foreign Fire Tax Board
Regular Meeting
Friday,J\ugust25,2006
8 :30 J\M
Police I Fire training room
Agenda
I. Call to Order
II. Roll Call
W. Foehring - Chairman
P. Buffalo - Vice Chairman
J. Flory - Treasurer
T. Huemann - Trustee
J. Miller - Secretary
III. Officers Reports
Chairman
Treasurer
Secretary reading of the minutes
IV. New Business
Review expenditure proposals
Mount Prospect Fire Department
Foreign Fire Tax Board
Minutes
Date: June 8,2006
Start Time: 9:00 AM
Roll Call:
Name: Present Name: Present
Willie Foehrina - Chairman Yes Phil Buffalo - Vice Chairman Yes
Jim Flory - Treasurer Yes Tony Huemann - Trustee Yes
Jim Miller - Secretary Yes
Make sure the BIC Truty adds future meetings to the roster and schedule.
Motion to accept the minutes of the May 10, 2006 meeting.
Ken Dix accepted - Mark Pope second.
Officers Reports:
Chairman Report:
N/A
Vice Chairman Report:
N/A
Treasurer Report:
Change of the form for proposal. This form change is now available as a PDF format.
New Business:
· Air Conditioning for PT room at station 13: VOTE (Yes - 5 No - 0)
After discussion it was decided to accept the lowest bid and best warranty with the
Village continuing the maintenance.
· Extrication Gloves:
Per conservation with DIC Malcolm the Village will purchase gloves in the future.
Motion to return submittal pending further discussion with Chief and Union with contract.
Jim Flory accepted - Willie Foehring second.
· Kitchen knifes for cooking at all three stations:
Discussion regarding the quality of the new knives and who will be responsible for the
maintenance and sharpening.
Motion was made to table the discussion until more details would be provided.
Phil Buffalo accepted - Tony Huemann second.
1
. Public Education Proposal for Educational Hazard House:
Discussion regarding the high cost of the product.
Motion was made that the Board would accept a partial payment of $4000 toward the
Hazard House pending re-submittal.
Phil Buffalo accepted - Tony Huemann second.
. Take over the payment of cable TV for all station. Current bill is being paid for by
Union: VOTE (Yes - 3 No - 2)
This proposal did cause much discussion regard the cost and how to pay the bills.
Discussion was also to investigate an alternate to Comcast and to pay the bill annually.
. Add cable box to PT room at station 12: VOTE (Yes - 0 No - 5)
Discussion was if this room was given a cable box, then all televisions with in the fire
stations would need to have boxes added.
· To replace the television for station 12: VOTE (Yes - 0 No - 5)
Discussion was to investigate the training television option with the Chief to be installed
at the station plus further investigation on the cost of the television.
· Television stand for television at station 12:
VOTE (Yes - 0 No - 5)
· TV / VCR for PT room at station 12: VOTE (Yes - 0 No - 5)
Proposal should be discussed with chairman of the PT program.
· To pay additional insurance for life insurance, dental insurance and disability
insurance:
Discussion was to determine if the Foreign Fire Tax Board, FFT, could pay for
insurance coverage. Willie Foehring proposed to find out from legal if this proposal
would be possible.
Motion to pay for legal funds to research whether FFT Board can pay insurance for life,
dental and disability with a cost cap not to exceed $500 in legal fees.
VOTE (Yes - 5 No - 0)
Discussions:
· Future meetings are to be planned for Red shift days.
· Make sure the Kim Dewis and Dave Urb from the Village are copied on all
meeting postings.
· Next Meeting Scheduled for August 16, 2006 in the Training room.
· Adjourned at 11 :15 AM.
2
MAYOR
Irvana K. Wilks
VILLAGE MANAGER
Michael E. Janonis
TRUSTEES
Timothy J. Corcoran
PaulWm.floefert
A. John Kom
Richard M. Lohrstorfer
Michaele Skowron
Michael A. Zadel
Village of Mount Prospect
Community Development Department
50 South Emerson Street Mount Prospect, Illinois 60056
VILLAGE CLERK
M. Lisa Angell
Phone: 847/818-5328
Fax: 847/818-5329
TDD: 847/392-6064
AGENDA
MOUNT PROSPECT PLANNING & ZONING COMMISSION
MEETING LOCATION: MEETING DATE & TIME:
Mount Prospect Village Hall Thursday
50 S. Emerson Street August 24,2006
Mount Prospect, IL 60056 7:30 p.m.
I. CALL TO ORDER
II. ROLL CALL
III. APPROVAL OF MINUTES OF nJL Y 27, 2006 P&Z MEETING
A. PZ-16-06/ 14 N. Marcella / Plat of Resubdivision (Create a 2-lot subdivision)
B. PZ-21-06 / 2838 S. Briarwood Drive East / Zaucha Residence / Variations (Lot coverage & rear yard)
N. OLD BUSINESS
A. PZ-14-06/ 1040 W. Northwest Highway / Mount Prospect Development Group / Map Amendment,
Conditional Use, and Variations (townhome development). TillS CASE WILL BE CONTINUED
UNTIL SEPTEMBER 28, 2006.
B. PZ-17-06 / Text Amendment (Fee in lieu of storm water detention - Chapters 15 & 16) / Village of
Mount Prospect. TillS CASE WILL BE CONTINUED UNTIL SEPTEMBER 28, 2006.
C. PZ-21-06 / 2838 S. Briarwood Drive East / Zaucha Residence / Variations (rear setback and lot
coverage). NOTE: This case is Planning & Zoning Commission Final.
V. NEW BUSINESS
A. PZ-24-06/ 215 S. George Street / Lorenzini Residence / Variation (side yard setback). This case is
Planning & Zoning Commission Final.
B. PZ-25-06 / 2410 E. Rand Road / Taco Bell Restaurant / Variation (oversized menu board). This case
is Planning & Zoning Commission Final.
C. Extension of PZ-I0-05 zoning approval: allow the expansion at 100-112 S. School Street (St. Paul
Lutheran Church) to occur over a 5-year timeframe; scope of project not changing, just the length of
time to implement. This is Planning & Zoning Commission final.
VI. QUESTIONS AND COMMENTS
);> PZ-16-06/ 14 N. Marcella - Village Board approved the plat on August 1,2006.
VII. ADJOURNMENT
Any individual who would like to attend this meeting, but because of a disability needs some accommodation
to participate, should contact the Community Development Department at 50 S. Emerson, Mount Prospect,
IL 60056, 847-392-6000, Ext. 5328, TDD #847-392-6064.
MINUTES OF THE REGULAR MEETING OF THE
PLANNING & ZONING COMMISSION
CASE NO. PZ-16-06
Hearing Date: July 27,2006
PROPERTY ADDRESS:
14 N. Marcella
PETITIONERS:
Jules and Shirley Charpentier
PUBLICATION DATE:
Not required; signs posted on-site July 12, 2006
PIN NUMBERS:
03-35-401-023-0000
REQUESTS:
Plat of Resubdivision (create 2 lots of record)
MEMBERS PRESENT:
Richard Rogers, Acting Chair
Joseph Donnelly
Leo Floros
Marlys Haaland
Mary Johnson
MEMBERS ABSENT:
Chair Arlene Juracek
Ronald Roberts
Keith Youngquist
STAFF MEMBERS PRESENT:
Judith Connolly, AICP, Senior Planner
Jennifer Walden, Planning Intern
INTERESTED PARTIES:
Jules and Shirley Charpentier
Acting Chair Richard Rogers called the meeting to order at 7:33 p.m. Leo Floros moved to approve the minutes
of the June 22, 2006 meeting and Mary Johnson seconded the motion. The motion was approved 4-0, with Joseph
Donnelly abstaining from the vote. Leo Floros made a motion to continue cases PZ-14-06 and PZ-17 -06 to the
August 24, 2006, Planning and Zoning Commission Meeting. Joseph Donnelly seconded the motion. The motion
was approved 5-0. Chairman Rogers introduced Case Number PZ-21-06 at 7:36 p.rn.; a request for approval of a
Plat of Resubdivision.
Jennifer Walden, Planning Intern, presented the case and stated that the Petitioner is seeking approval of a Plat of
Resubdivision that creates 2-10ts of record from one existing lot. As required by the Village Code, Staff posted a
Public Hearing sign on the Subject Property. She said that the Subject Property is located on the west side of
Marcella Road, between Thayer Street and Central Road, and contains a single-family residence with related
improvements.
The Subject Property is zoned RI Single Family Residence and is bordered on all sides by the R1 District. The
Petitioner would like to maintain the existing residence and resubdivide the Subject Property to create a two-lot
subdivision. Because the existing structure on proposed Lot 2 will remain, the proposed construction on proposed
Lot 1 does not trigger the site development requirements, such as stormwater detention, streetlights, etc., but will
be subject to the site improvement requirements contained in Chapter 15, and the construction standards
contained in Chapter 16.
Ms. Walden reported that the R1 zoning district requires a minimum lot size of 8,125 square feet and the proposed
Lot 1 would measure 8,582.6 square feet (65.00' x 132.04'), and Lot 2 would measure 11,601.03 square feet
Richard Rogers, Chair
Planning & Zoning Commission Meeting July 27,2006
PZ-16-06
Page 2
(87.86' x 132.04'). The proposed lots would exceed the R1 minimum lot size requirements, and the existing and
new homes would meet the applicable zoning regulations.
Ms. Walden reviewed a table that demonstrated that the proposed lots would exceed the minimum R1 lot size
requirement and the existing house on Lot 2 would comply with the R1 Bulk Regulations. She that the Petitioner
has not finalized the design of the proposed house on Lot 1, but understands the new structure must comply with
all Village Code requirements.
The Petitioner seeks to create two lots of record by subdividing the Subject Property. The plat was prepared in
accordance with the Development Code requirements. Based on these findings, Staff recommends that the
Planning & Zoning Commission auurove the following motion:
"To approve the 14 N. Marcella Resubdivision to allow a 2-10t subdivision, with lots measuring 87.86' x 132.04'
and 65.00' x 132.04', as shown on the Petitioner's Plat of Resubdivision for 14 N. Marcella Road, Case Number
PZ-16-06."
Ms. Walden stated that the Village Board's decision is final for this case, and concluded Staffs report.
Chairman Rogers asked Ms. Walden whether Engineering reviewed the plat and found that the proposed
easements were sufficient. Ms. Walden confirmed Engineering found the plat complied with Village Code and
that they approved the proposed easement.
Shirley Charpentier, 14 N. Marcella, was sworn in. She explained that her family has lived there for 33 years and
would like to continue living in the same house. She said they would like to downsize, but stay in the same
residence, which can be accomplished by subdividing the lot.
Chairman Rogers asked if the Commission had any question for the Petitioner or if anyone in the audience wanted
to address the Commission. Hearing no response, the Public Hearing was closed at 7:42 p.m. Joseph Donnelly
made a motion to approve the Plat of Resubdivision to create a two lots of record as shown on the Petitioner's plat
for 14 N. Marcella, Case Number PZ-16-06. Marlys Haaland seconded the motion.
UPON ROLL CALL:
AYES: Donnelly, Floras, Haaland, Johnson, Rogers;
NAYS: None
Motion was approved 5-0.
After hearing one additional case, Joseph Donnelly made a motion to adjourn at 8: 10 p.m., seconded by Mary
Johnson. The motion was approved by a voice vote and the meeting was adjourned.
Stacey Dunn, Community Development
Administrative Assistant
C:\Documents and Settings\kdewis\Loca1 Settings\Temporary Internet. Files\OLK6B\PZ-16-06 14 N Marcella - platdoc
MINUTES OF THE REGULAR MEETING OF THE
PLANNING & ZONING COMMISSION
CASE NO. PZ-21-06
Hearing Date: July 27,2006
PROPERTY ADDRESS:
2838 S. Briarwood Drive East
PETITIONERS:
Bruno and Karen Zaucha
PUBLICATION DATE:
July 12,2006
PIN NUMBERS:
08-22-200-128-0000 & 08-22-200-051-0000
REQUESTS:
Variations (Rear Yard Setback and Lot Coverage)
MEMBERS PRESENT:
Richard Rogers, Acting Chair
Joseph Donnelly
Leo Floros
Marlys Haaland
Mary Johnson
MEMBERS ABSENT:
Chair Arlene Juracek
Ronald Roberts
Keith Youngquist
STAFF MEMBERS PRESENT:
Judith Connolly, AICP, Senior Planner
Jennifer Walden, Planning Intern
INTERESTED PARTIES:
Bruno and Karen Zaucha
Acting Chair Richard Rogers called the meeting to order at 7:33 p.rn. Leo Floros moved to approve the minutes
of the June 22, 2006 meeting and Mary Johnson seconded the motion. The motion was approved 4-0, with Joseph
Donnelly abstaining from the vote. Leo Floros made a motion to continue cases PZ-14-06 and PZ-17 -06 to the
August 24,2006, Planning and Zoning Commission Meeting. Joseph Donnelly seconded the motion. The motion
was approved 5-0. After hearing one previous case, Chairman Rogers introduced Case Number PZ-21-06 at 7:43
p.m.; a request to construct a patio requiring relief from the required setback and lot coverage limitation.
Judith Connolly, Senior Planner, stated that the Subject Property is comprised of two (2) parcels. It is located on
the west side of Briarwood Drive East, south of Algonquin Road and contains a single family residence with
related improvements. The Subject Property is zoned Rl Single Family Residence and is bordered on all sides by
the Rl District.
Ms. Connolly presented pictures of the existing site conditions and noted that the Subject Property abuts a private
lake, Lake Briarwood, and that the size of the lot exceeds the minimum lot size required by zoning regulations.
She said that the Subject Property was developed under Cook County regulations and was later annexed into
Mount Prospect. She said that the Petitioner's proposed improvements include removing the wood deck that
abuts Lake Briarwood and replacing it with a brick paver patio.
The Petitioner does not propose to remove any other pavement as part of this project. The Petitioner proposes to
construct the patio in the same location as the wood deck; however, the patio would be larger than the deck. The
proposed patio would measure 14'x30' whereas the existing wood deck measures 5.6' X 27'. Variation approval
is required because the patio would encroach into the required 15' rear setback. Also, the site will exceed the Rl
District's 45% lot coverage limitation.
Richard Rogers, Chair
Planning & Zoning Commission Meeting July 27, 2006
PZ-21-06
Page 2
Ms. Connolly reviewed a table that compares the Petitioner's proposal to the Rl District's Bulk Requirements.
She said that the table shows that the Subject Property does not currently comply with the Village's zoning
regulations because the wood deck and the attached deck encroach into the required setbacks. ill addition, the
Subject Property is not a legal lot of record as defined by the Village because it consists of two (2) parcels.
She said that Staff conducted a site visit to the Subject Property. One of the objectives was to determine whether
there was an opportunity to reduce lot coverage by removing existing pavement. Ms. Connolly showed a slide of
the existing service walk along the side of the house. She noted that it appears this service walk could not be
easily removed. She showed slides of the attached deck that is to remain in addition to a slide of the backyard.
Ms. Connolly showed a slide of the wood deck the Petitioner proposes to replace and the area to be improved with
a brick paver patio. She said that Staff can appreciate the Petitioner's desire to provide a paved path from the
house to the lake, and that the current grassy area between the house and the wood deck may seem insignificant.
However, allowing a site that already exceeds the Village's lot coverage limitation to then further increase the
amount of lot coverage for a convenience issue does not meet the definition of a hardship as defined by the
Village's Zoning Ordinance.
Although the Variation request may be perceived as a 'like-for-like' replacement, it does not qualify for the Minor
Variation process because the encroachment exceeds the 40% criteria listed in the Zoning Ordinance. ill addition,
the site includes more than two (2) accessory structures because the pea gravel area counts as an accessory
structure. Therefore, the request requires review by the Planning & Zoning Commission, who will make a
recommendation to the Village Board. The Village Board's decision is final for the request.
As the Petitioner explains in their application, the Subject Property is a lake front property and the Village's
regulations do not include provisions for this type of development. ill addition, the Subject Property was
developed under County regulations, which creates challenges when the site is later required to conform to
another jurisdiction's regulations. On the other hand, the Petitioner's request to increase the size of the proposed
patio is their decision and not a consequence of the former unincorporated designation.
Lot coverage is an important consideration because it impacts the aesthetics of a property as well as runoff. ill
this situation, Lake Briarwood is a floodplain, and portions of the Subject Property are located in the floodplain.
While the Petitioner could meet the requirements when building in a floodplain by providing compensatory
storage, the Subject Property has limited opportunities for the required compensatory storage. Allowing a larger
patio further impacts this situation.
Staff found that replacing the wood deck with a similar size patio would meet the standards for a Variation
because the site was developed under County regulations and the site would maintain the existing amount of lot
coverage. The Village's Engineering Division did not object to locating the patio in the same location and
maintaining the existing amount of lot coverage; they did obj ect to an increase in the amount of lot coverage. Ms.
Connolly reiterated Engineering's comments from the original permit application submitted in April. It was noted
that the submittal did not contain grading information or compensatory storage calculations for any fill to be
placed in the floodplain. Until these comments are addressed, Engineering cannot approve the patio for
construction, even if the lot coverage issue is resolved.
Ms. Connolly said that Staff supports a request to maintain a 0' rear setback for a replacement structure if the size
of the replacement structure does not increase the amount of the existing lot coverage, which is 48%, as well as
the permit submittal addressing Engineering's comments for the original permit application. Unfortunately, the
Petitioner proposes a replacement structure larger than the existing wood deck. Staff asked the Petitioner earlier
in the zoning process if they would consider an alternative design, but the Petitioner opted to pursue the design as
submitted.
Richard Rogers, Chair
Planning & Zoning Commission Meeting July 27, 2006
PZ-21-06
Page 3
The Variation requests for the 0' rear setback for a patio and for 52.5% lot coverage as submitted, fails to meet the
standards for a Variation contained in the Zoning Ordinance because the Petitioner is increasing the intensity of
the required Variations to replace the wood deck. In addition, the request is based on convenience rather than
hardship. Based on this analysis, Staff recommends that the P&Z deny the following motion:
"To approve a Variation to allow a 14'x30' brick paver patio to encroach into the required 15' setback and to
approve a Variation to allow 52.5% lot coverage, as shown on the Petitioner's site plan, date stamped June 30,
2006, for the residence at 2838 Briarwood Drive East, Case Number PZ-21-06."
Ms. Connolly stated that the Village Board's decision is final for this case, and concluded Staffs report.
Chairman Rogers asked if there had been discussion regarding the compensatory storage requirement for the site.
He said that the site looks short on space for such storage. Ms. Connolly reiterated that this was Engineering
Staffs concern while reviewing the deck permit. Both the Engineering and Planning departments notified the
petitioner of storage and setback issues during the permit review process. Mr. Rogers then asked if replacing the
existing wood deck with a patio of the same size would be allowed. Ms. Connolly stated that replacing the deck
with a patio of the same dimensions would be permitted without a zoning variation required.
Joseph Donnelly asked when the area was incorporated into the Village. Ms. Connolly stated that she believes it
was in the mid-1970's. Mr. Donnelly also asked if because the proposed structure crosses parcel lines, a Plat of
Consolidation would be required if the Variation was approved. Ms. Connolly stated that Staff would ask, as a
condition of approval, that the lot be consolidated into a one lot subdivision.
Leo Floros asked if the property is actually two lots. Ms. Connolly stated that the subject property is located on
two parcels; that the property consists of halves of two lots of record. She said that the development of this
property is very unique. Mr. Floros asked for clarification on the Engineering Departments comments. Ms.
Connolly stated that the Engineering Department would support maintaining the same amount of lot coverage;
however, the petitioner needs to provide information on compensatory storage. If the variation was approved to
increase lot coverage, the Petitioner would need to provide information on increased compensatory storage. Mr.
Floros asked if that is even possible. Ms. Connolly stated that the Petitioner would need to provide that
information during the permit process. She stated that Engineering had concerns that the required compensatory
storage would be tight on this particular site.
Property owner Bruno Zaucha, 2838 Briarwood Drive East, Arlington Heights, lllinois was sworn in. Mr. Zaucha
stated that he understands the Village has no issues with the proposed O-foot rear setback, and that the concern is
the increased lot coverage. He stated that they would like to remove the 150 square foot deck and replace it with
a 450 square foot brick patio. Mr. Zaucha stated the purpose for the size increase is to not only accommodate
tables and chairs they would like to use, but also for the aesthetic transformation from the seawall to his patio. He
said that neighbors believe the proposed change would be a nice improvement to the property. He asked the
Commission for understanding in the nature of this request and hopes they approve his request.
Mr. Floros asked if the patio would be made of brick pavers. Mr. Zaucha stated that the proposed patio would be
made of brick pavers. Mr. Floros asked if there is runoff from the brick patio. Mr. Rogers stated that there is a
minimal amount of runoff from a brick patio. There was further discussion regarding materials that could be used
in place of brick pavers.
Mr. Donnelly asked when the seawall was installed. Mr. Zaucha stated that the current wall was installed earlier
this year when the old seawall collapsed into the lake. Mr. Donnelly stated that the seawall was not indicated on
the survey. Mr. Zaucha said that the seawall and patio were both submitted for permit this year. The lot coverage
issue with the brick paver patio arose during the permit process. Engineering approved the replacement of the
Richard Rogers, Chair
Planning & Zoning Commission Meeting July 27,2006
PZ-21-06
Page 4
seawall; however, the brick patio was denied for the previously mentioned concerns. There was further discussion
regarding the Petitioner's permit process and replacement ofthe seawall.
There was further discussion regarding alternate methods for the replacement of the decking. The Commissioners
discussed various materials and alternate design of the remaining flatwork on the property to meet lot coverage
requirements.
Chairman Rogers asked if anyone in the audience wished to address the Commission regarding this case. Hearing
no response, the Public Hearing was closed at 8:02 p.rn. The Commissioners held further general discussion
regarding the engineering and lot coverage issues of this project. The Commission suggested that this request be
tabled until the August Planning and Zoning Commission meeting. Tabling the request gives the Petitioner time
to revise his plans, addressing the lot coverage issues and engineering concerns. Chairman Rogers asked Mr.
Zaucha if he was agreeable to making changes to the request and returning to the August 24,200 meeting. Mr.
Zaucha agreed.
Joseph Donnelly made a motion to continue case PZ-12-06 to the August 24, 2006 Planning and Zoning
Commission meeting. Leo Floros seconded the motion.
UPON ROLL CALL:
AYES: Donnelly, Floros, Haaland, Johnson, Rogers;
NAYS: None
Motion was approved 5-0.
Joseph Donnelly made a motion to adjourn at 8:20 p.m., seconded by Mary Johnson. The motion was approved
by a voice vote and the meeting was adjourned.
Stacey Dunn, Community Development
Administrative Assistant
C:\Documents and Seltings\kdewis\Local Settings\Temporary Internet Files\OLK6B\PZ~21-06 2838 S Briarwood Drive East. variatioos.doc
MINUTES
VILLAGE OF MOUNT PROSPECT
COFFEE WITH COUNCIL
SATURDAY, AUGUST 12,2006
9:00 AM
Community Room, Village Hall
Meeting convened at 9:00 AM. Those present: Mayor Wilks, Trustee Michaele Skowron,
Trustee Hoefert, Trustee Corcoran, Village Manager Michael Janonis, and Fire Chief Mike
Figolah.
Residents in Attendance:
Carol Tortorello South ElmhurSt Ave.
David Schein North Ego Trail
Mary Kay Risler East Milburn
Roger Kruse South Louis Street
Don Burger Bob-O-Link
Kimberly & Andy Skil Owen Street
Kathy Dyer Linden Street
Mal Holec Quince Lane
Emilia Sodczak Pheasant Trail
Donna Bayma Kenilworth Drive
Mr. & Mrs Skil stated that they stopped by just to see what is going on. They were very
complimentary of the Village services.
Mr. Kruse brought a list of neighborhood concerns that he requests to be resolved:
· Bushes overhanging onto the sidewalks on the 400 block of South Edward Street.
· Vehicles that do not stop at stop signs.
· Dark plastic covers over license plates.
· Drivers that back out of the parking spaces on Emerson Street at Northwest Highway and
make an immediate V-turn.
· Bushes are overhanging the sidewalk at the old Clifford Window Company building and
poisonous plants are growing in the bushes.
· Many residents place their recycle bins in the street. A suggestion was made to have
stickers made that indicate the rules, which could be placed on the violators totes.
· Many automobiles do not have vehicle stickers.
· Noticed the Public Works summer helpers spreading mulch along Prospect Avenue that
seemed to be very inefficient.
Mr. Kruse also noticed that the Village is considering .adding generators to some of its facilities.
Recommended checking into Military surplus as a source.
Don Burger explained that he and his wife have been discussing their complaints about the Auto
Barn (333 West Rand Road) with the Board since 2001 and problems continue to exist. A
meeting took place over a month ago and none of the issues had been addressed and he was
wondering what the next step was to be. Mr. Janonis stated that he along with Trustee Hoefert,
Trustee Skowron and Bill Cooney would schedule a follow-up meeting with all involved.
Mal Holec asked about the status of the facility study that was discussed a few months ago.
Chief Figolah stated that he will bring a recommendation to the Village Board on Tuesday to
enter into contract with Sente, Rubel Bosman & Lee to conduct the study, which should take
about 4 or 5 months to complete.
Mr. Holec expressed concerns for the children using the River Trails Park District facility on
Euclid A venue; especially the skate park because children ride their skate boards and wears their
skates to and from the facility. Mr. Janonis stated that he would pass on this concern to the Police
Department.
Carol Tortorello expressed concern for homes in the area that do not maintain their lawns and
landscape bushes. There are homes in her neighborhood that have bushes overhanging the
sidewalk that make it difficult for walkers to get through. ·
Ms. Tortorello stated that she has noticed an increase in dead-time on the MPTV. Mr. Janonis
will investigate.
Kathy Dyer asked to be placed on the mail list for discussions involving Fire Station 14.
Ms. Dyer also supported others concerns in regards to navigating around the neighborhoods by
sidewalk due to overhanging bushes and especially cars parked across the sidewalks. She stated
that she., as a blind person, has a very difficult time with these issues.
Ms. Dyer thanked the Village Manager for his response to her letter asking for assistance at the
northeast comer of Wolf Road and Kensington Road because it wasn't handicapped accessible.
Mr. J anonis stated that work will commence soon.
Mary Kay Risler stated that several of the new garbage and recycle bins were delivered to
resident without the informational packet included. In fact she is aware of four specific neighbors
that did not receive the material. This issue was important to her since she feels that there are
many residents that disregard the rules. She recommended that perhaps a sign-off signature
should be required when rules are provided.
David Schein inquired as to why the "Jam Lady" was no longer present at the Farmers Market.
Mr. Janonis explained that the honey she was selling did not meet some of the health
requirements. However, the rest of her goods were welcome, but she elected not to return to the
Farmers Market.
Mr. Schein stated that there was a town home complex near his residence that have several
newspapers gathering outside because some of the units are vacant. Mr. Janonis stated that he
would follow-up.
Donna Bayma indicated that someone cut off a significant number of branches off of a tree in her
front yard on June 11, 2006. She called our police department and registered a complaint and
wants some follow-up information from the department.
Ms. Bayma also indicated that there are cars left on the street overnight in her neighborhood.
The meeting was adjourned at 10:45 AM.
~ -~ ~, 'Grt-Z
Respectfully Submitted,
Michael J. Figolah
Fire Chief