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HomeMy WebLinkAbout01/02/2007 VB minutes MINUTES OF THE REGULAR MEETING OF THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT January 2, 2007 CALL TO ORDER Mayor Irvana Wilks called the meeting to order at 7:06 p.m. ROLL CALL Present: Mayor Irvana Wilks Trustee Timothy Corcoran Trustee Paul Hoefert Trustee John Korn Trustee Richard Lohrstorfer Trustee Michaele Skowron Trustee Michael Zadel PLEDGE PLEDGE OF ALLEGIANCE Trustee Skowron led the Pledge of Allegiance. INVOCATION INVOCATION Trustee Korn gave the Invocation. Following the invocation Mayor Wilks welcomed Zach Cohodes, Boy Scout Troop 34 and Andrew Hayes, Boy Scout Troop 265 to the meeting. Both Scouts were in attendance as part of the requirement to earn their respective merit badges. MINUTES APPROVAL OF MINUTES Trustee Zadel, seconded by Trustee Hoefert, moved to approve the minutes of the regular meeting held December 19, 2006. Upon roll call: Ayes: Nays: Corcoran, Hoefert, Korn, Lohrstorfer, Skowron, Zadel None Motion carried. APPROVE BILLS APPROVE BILLS Mayor Wilks stated the next item on the agenda, "APPROVE BILLS" was noted by an asterisk, and all items further listed in that manner would be considered with one (1) vote, as business item "IX. CONSENT AGENDA." MAYOR'S MAYOR'S REPORT REPORT None. APPOINTMENTS APPOINTMENTS None. CITIZENS TO BE COMMUNICATIONS AND PETITIONS - CITIZENS TO BE HEARD HEARD None. CONSENT CONSENT AGENDA AGENDA Trustee Lohrstorfer, seconded by Trustee Zadel, moved to approve the following business items: BILLS 1. Bills, dated December 14-27, 2006 OLD BUSINESS Upon roll call: Ayes: Nays: Corcoran, Hoefert, Korn, LOhrstorfer, Skowron, Zadel None Motion carried. 1 PROHIBIT SMOKING iN CERTAIN AREAS OF THE VILLAGE OLD BUSINESS Mayor Wilks presented for a second (2nd) reading an ordinance prohibiting smoking in certain areas of the Village. Mayor Wilks stated that while the Village Board had received the correct red-lined version of the amended proposed ordinance, the incorrect "clean" version of the proposed ordinance had been inadvertently distributed as well. She stated the correct clean version that was before the Village Board for the second (2nd) reading was stamped with a revision date of January 2, 2007. Assistant Village Manager Dave Strahl explained the amended text for Section 19.808 had been omitted in the "clean" version but the amended proposed ordinance dated January 2, 2007 accurately reflects all amendments to the proposed amendments. Opening the discussion of the proposed ordinance to members of the audience the following individuals addressed the Village Board: Mr. George Clowes 604 South Elm Street Mr. Clowes stated the Village used unfounded scientific data in its justification for enacting a smoking ban and believes businesses should be allowed to make their own decisions regarding a smoking or non-smoking environment. He indicated the Village Board should have approached the issue in the same manner as their decision not to adopt a bicycle helmet law; utilize incentives to encourage safe behaviors rather than penalties. Ms. Arlene Juracek 303 South Lancaster Ms. Juracek recognized the Village Board for the work and compromise that was involved with drafting the smoking ban ordinance. However, she stated, Section 19.808, Designated Smoking Areas in Existing Lounges, as amended appears unclear as to the effective date of the six (6) month period an existing lounge approved for conversion would be permitted to remain a smoking establishment. Does the six (6) month date begin the date of the building permit application or is it six (6) months from March 15, 2007 the date the ordinance takes effect? Assistant Village Manager Dave Strahl stated the amendment was drafted to reflect the Village Board's approval of the six (6) month conversion period for establishments applying for a building permit; building permit application must be submitted prior to March 15, 2007 and effective date for the six (6) month permitted conversion period is the date of the building permit application. After further discussion there was concurrence that the inclusion of the ordinance's effective date would provide further clarification. Trustee Zadel, seconded by Trustee Lohrstorfer, to amend Section 19.808, Designated Smoking Areas in Existing Lounges, to include the following clause, as long as the building permit application is submitted to the Village prior to March 15, 2007. Sec. 19.808 DESIGNATED SMOKING AREAS IN EXISTING LOUNGES. Pursuant to Section 19.803 "Definitions", the lounge area of certain liquor establishments may be exempted from the definition of Enclosed Area. In order to permit the physical conversion of such a lounge into a separate smoking area as set forth in Section 19.808, the Local liquor Control Commissioner, in consultation with the Director of Community Development, may establish a completion schedule for such conversion. If an owner of an existing lounge applies for a building permit to effect such a conversion, the Local liquor Commissioner may, by written order, permit smoking to continue in the lounge for up to six months or until the conversion is completed, whichever comes first, as long as the building permit application is submitted to the Village prior to March 15, 2007. 2 ORD NO. 5607 The Local Liquor Control Commissioner may extend such interim smoking period in increments of one month, for up to a total of twelve (12) months, so long as material progress is being made on the conversion. Upon roll call: Ayes: Nays: Corcoran, Hoefert, Korn, Lohrstorfer, Skowron, Zadel None Motion carried. Mayor Wilks asked if there were additional comments from the audience or Village Board before closing discussion. Mr. Jeff Martinez Bogies Alehouse Mr. Martinez stated while he was pleased with the ordinance, he remained concerned with Section 19.809, Penalty. Specifically he expressed concern with a business having to bear the consequences because a "customer" violates the no smoking law. The Village Board provided Mr. Martinez further explanation of the Penalty Section, indicating that as long as a business was taking proactive steps to educate patrons on the no-smoking requirements, including signage and verbal requests to stop smoking and the Village was aware of these actions, the business would not be penalized. The potential for losing a business license would be applicable if a business takes no proactive steps to educate and enforce the Village Code. Ms. Charlene Pavmonte American Cancer Society Arlington Heights Ms. Pavmonte stated that while she does not feel the ordinance protects all employees her organization is pleased the Village is taking steps to enact certain smoking prohibitions. Mr. Tom Krausmann Famous Freddies Thanked the Village for a fair approach to the smoking issue and stated his corporate office has established a company wide policy that prohibits an employee from working in a designated smoking area against their will. Trustee Corcoran, Trustee Hoefert and Trustee Skowron each stated they would not be voting in support of the ordinance, which permits smoking in designated areas of the Village rather than enacting a total ban on smoking in public places. It was noted, like other states that have enacted state-wide smoking bans, Illinois may consider similar action. It was suggested, that such action might best be achieved through a referendum. Mayor Wilks thanked everyone who provided input and worked for compromise on this issue. There being no further discussion Mayor Wilks asked for a motion to approve the smoking ordinance. Trustee Zadel, seconded by Trustee Skowron, moved for approval of Ordinance No. 5607: AN ORDINANCE PROHIBITING SMOKING IN CERTAIN AREAS IN THE VILLAGE OF MOUNT PROSPECT, ILLINOIS Upon roll call: Ayes: Nays: Korn, Lohrstorfer, Zadel, Wilks Corcoran, Hoefert, Skowron Motion carried. 3 NEW BUSINESS PZ-28-06,103 SOUTH MAPLE PZ-14-06, 1040 NORTHWEST HIGHWAY (Trustee Hoefert left the meeting.) NEW BUSINESS Mayor Wilks stated the Petitioner (Mount Prospect Historical Society) for Item A PZ -28-06, 103 South Maple Street had requested deferral of (Ai.) the 1 st reading of an ordinance granting a conditional use permit and development code exception and (A2.) a resolution authorizing the execution of an agreement between the Village of Mount Prospect and the Mount Prospect Historical Society until the January 16, 2007 Village Board meeting. Upon roll call: Ayes: Nays: Corcoran, Hoefert, Korn, Lohrstorfer, Skowron, Zadel None Motion carried. Trustee Skowron, seconded by Trustee LOhrstorfer, moved to approve deferral of Item A., under New Business until the January 16, 2007 Village Board meeting. A. PZ-28-06, 103 S. Maple Street, Historical Society 1. 1st reading of AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT AND DEVELOPMENT CODE EXCEPTION FOR PROPERTY LOCATED AT 103 SOUTH MAPLE STREET 2. RESOLUTION AUTHORIZING THE EXECUTION OF AN AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE MOUNT PROSPECT HISTORICAL SOCIETY, MOUNT PROSPECT, ILUNOIS Upon roll call: Ayes: Nays: Absent: Corcoran, Korn, LOhrstorfer, Skowron, Zadel None Hoefert Motion carried. Mayor Wilks stated the Petitioner (Mount Prospect Development Group) for Item B., PZ-14-06, 1040 Northwest Highway had requested deferral of items (81.) 1st reading of an ordinance granting a conditional use permit and (B2.) 1st reading of an ordinance amending the official zoning map of the Village until the February 6, 2007 Village Board meeting. Trustee Corcoran, seconded by Trustee Zadel, moved to approve deferral of Item B., under New Business until the February 6,2007 Village Board meeting. B. PZ-14-06, 1040 W. Northwest Highway, Mount Prospect Development Group, 1. 1st reading of AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 1040 W. NORTHWEST HIGHWAY 2. 1st reading of AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE VILLAGE OF MOUNT PROSPECT FOR PROPERTY LOCATED AT 1040 W. NORTHWEST HIGHWAY Upon roll call: Ayes: Nays: Absent: Corcoran, Korn, Lohrstorfer, Skowron, Zadel None Hoefert Motion carried. (Trustee Hoefert returned to the meeting.) 4 PZ-34-06, 108 SOUTH EMERSON STREET ORD NO. 5608 AMEND CHAPTER 18 (TRAFFIC) OF THE VILLAGE CODE Mayor Wilks presented for a 1 sl reading an ordinance to grant a Conditional Use permit, PZ-34-06,1 08 South Emerson Street, elements diet & fitness. Community Development Director William Cooney provided background information on the petitioner's (Kim Branch) request for the conditional use permit to operate a gym. He stated the 4,020 square foot gym marketed for women only, will include cardiovascular machines, a circuit training area, exercise machines and a locker room. Mr. Cooney stated the Planning and Zoning Commission voted 7-0 to recommend the Village Board approve a request for a Conditional Use permit to operate a gym subject to the condition that all employees park in the municipal parking deck. He added that the petitioner who was in the audience had also submitted a letter requesting Village Board approval to waive the rule requiring two (2) readings of an ordinance. Trustee Hoefert, seconded by Trustee Zadel, moved to waive the rule requiring two (2) readings of an ordinance: Upon roll: Ayes: Corcoran, Hoefert, Korn, LOhrstorfer, Skowron, Zadel Nays: None Motion carried. In addressing the Village Board, Ms. Kim Branch stated she and her husband, Mark Branch are long-time members of the community and are pleased to have the opportunity to open the facility and contribute to vitalization of the downtown area. She stated, elements diet & fitness is a franchise and they are the first ownersl operators in the Chicago area. Ms. Branch stated she supports the Village's requirement for staff parking and she will work to ensure compliance. Ms. Branch anticipates opening the gym this summer. Trustee Hoefert, seconded by Trustee Corcoran, moved for approval of Ordinance No. 5608: AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT FOR PROPERTY LOCATED AT 108 SOUTH EMERSON STREET Upon roll: Ayes: Corcoran, Hoefert, Korn, Lohrstorfer, Skowron, Zadel Nays: None Motion carried. Mayor Wilks presented for a 1 sl reading an ordinance amending Chapter 18 (Traffic) of the Village Code. The ordinance approves No Parking restrictions on the west side of Elmhurst Avenue from Henry Street to a point 150' south. Project Engineer Matt Lawrie presented background information on the Elmhurst Avenue Parking Restriction Study and the Safety Commission's 8-0 recommendation to approve the parking restriction. Mr. Lawrie stated the parking of vehicles close to Henry Street coupled with a solid fence at the southwest corner of the intersection make it extremely difficult for motorists stopped at the stop sign on Henry Street to see northbound vehicles on Elmhurst Avenue. With the key objective of providing motorists the ability to see northbound vehicles on Elmhurst Avenue in order to safely turn left, staff determined motorists on Henry Street need to be able to see a northbound vehicle on Elmhurst Avenue 300 feet from the intersection. To achieve that condition, parking on Elmhurst Avenue would need to be prohibited for the first 150 feet south of Henry. This eliminates an estimated four (4) parking spaces. 5 ORD NO.S609 MANAGER'S REPORT OTHER BUSINESS OUTDOOR LIGHTING CARBON MONOXIDE ALARMS BLOOD DRIVE PROGRAM Mr. Lawrie stated the loss of parking did not appear to create a hardship for nearby businesses/residents, and a majority of the surveyed residents and businesses did not object to the recommended parking restrictions. Mr. Lawrie responded to questions specific to the parking needs of Friederichs Funeral Home, which is located at that corner. It was noted that the loss of four (4) on-street parking spaces could be significant to the funeral home. Mr. Lawrie stated he was not aware of any concerns from the funeral home but the ordinance was drafted in such a manner that would allow the funeral home to stage cars for a funeral procession in the restricted parking area. At the request of the Village Board, Mr. Lawrie will also contact the Post Office to encourage employees make maximum use of the Post Office parking lot. Trustee Hoefert, seconded by Trustee Zadel, moved to waive the rule requiring two (2) readings of an ordinance: Upon roll: Ayes: Corcoran, Hoefert, Korn, Lohrstorfer, Skowron, Zadei Nays: None Motion carried. Trustee Zadel, seconded by Trustee Corcoran, moved for approval of Ordinance No. 5609: AN ORDINANCE AMENDING CHAPTER 18 (TRAFFIC) OF THE VILLAGE CODE Upon roll: Ayes: Corcoran, Hoefert, Korn, LOhrstorfer, Skowron, Zadel Nays: None Motion carried. VILLAGE MANAGER'S REPORT None. OTHER BUSINESS Trustee Skowron highlighted a recent article in the American City and County Magazine about a model ordinance designed to assist local governments control light pollution. She credited members of the Village Board for already having initiated efforts to address this issue in Mount Prospect and suggested when available the model ordinance be reviewed and discussed. Trustee Hoefert added that the use of LED lighting in the Village is on the list of items for Village Board discussion in 2007. Trustee Korn provided a summary of the information he collected on local businesses and the sale of carbon monoxide alarms since the law requiring installation of carbon monoxide alarms took effect January 1, 2007. He stated stores reported sales have been strong and encouraged residents who have not purchased an alarm to do so. Trustee Korn also encouraged residents to consider donating blood through the Village's Blood Drive program; first Thursday of every month at Village Hall. Trustee Korn was recognized for his participation in the program, noting that on January 4, 2007 he will have donated 20 gallons of blood. 6 CLOSED SESSION CLOSED SESSION Mayor Wilks stated there was no need for discussion of Litigation as listed on the Agenda but did ask for a motion to meet in Closed Session to discuss; LAND ACQUISTION 5 ILCS 120/2 (c) (5) - The purchase or lease of real property for the use of the public body, including meetings held for the purpose of discussing whether a particular parcel should be acquired. PERSONNEL 5 ILCS 120/2 (c) (1) - The appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body, including hearing testimony on a complaint lodged against an employee to determine its validity. Trustee Hoefert, seconded by Trustee Lohrstorfer, moved to meet in Closed Session to discuss Land Acquisition 5 ILCS 120/2 (c) (5) and Personnel 5 ILCS 120/2 (c) (1 ). Upon roll call: Ayes: Corcoran, Korn, Hoefert, Lohrstorfer, Skowron, Zadel Nays: None Motion carried. The Village Board entered Closed Session at 8:23 p.m. ADJOURN ADJOURN The Village Board reconvened in Open Session at 9:37 p.m. and discussed details of the Resident Intersection Traffic Control Program Neighborhood meeting scheduled for January 9, 2007. The Village Board meeting of January 2, 2007 adjourned at 9:45 p.m. ) .~. 7