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HomeMy WebLinkAbout07/17/2007 VB minutes MINUTES OF THE REGULAR MEETING OF THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT July 17, 2007 CALL TO ORDER Mayor Wilks called the meeting to order at meeting to order at 7:07 p.m. ROLL CALL Present: Mayor Irvana Wilks Trustee Timothy Corcoran Trustee Paul Hoefert Trustee John Korn Trustee Arlene Juracek Trustee Richard Lohrstorfer Trustee Michael ladel PLEDGE PLEDGE OF ALLEGIA_NCE Trustee Juracek led the Pledge of Allegiance. INVOCATION INVOCATION Trustee ladel gave the Invocation. MINUTES APPROVAL OF MINUTES Trustee Corcoran, seconded by Trustee Juracek, moved to approve the minutes of the regular meeting held June 19, 2007. Upon roll call: Ayes: Nays: Abstain: Motion carried. Corcoran, Hoefert, Juracek, Lohrstorfer, ladel None Korn APPROVE BILLS APPROVE BILLS and FINANCIALS & FINANCIALS Mayor Wilks stated the next item on the agenda, "APPROVE BILLS & FINANCIALS" 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 Mayor Wilks presented a proclamation in recognition of "National Night Out 2007." Police Officer William Roscop thanked the Mayor and Village Board for their support of this important community event and highlighted the activities planned for the evening of August th. APPOINTMENTS APPOINTMENTS Mayor Wilks presented the following appointment and reappointments for Village Board approval: Economic Development Commission Appointment Thomas Lowe Term expires May 2008 Reappointments Bennett P. Trapani Term expires July 2011 Tom Castagnoli Term expires July 2011 1 Finance Commission Appointment Don Ocwieja Term expires July 2011 Reappointments Wayne Gardner Term expires July 2011 Police Pension Board Appointment John Matuszak Term expires July 2009 Planning and Zoning Commission Reappointment Joseph Donnelly Term expires July 2012 Trustee Korn, seconded by Trustee Lohrstorfer, moved to approve the appointments and reappointments as listed above. Upon roll call: Ayes: Corcoran, Hoefert, Juracek, Korn, Lohrstorfer, Zadel Nays: None Motion carried. Mayor Wilks noted that Mr. John Matuszak who was appointed to the Police Pension Board was in attendance. Mayor Wilks thanked the members of the various Boards and Commissions for their outstanding service to the community. CITIZENS TO BE COMMUNICATIONS AND PETITIONS - CITIZENS TO BE HEARD HEARD Ms. Debbie Dixon Des Plaines Ms. Joan Ivkovcic 1429 Chestnut Drive Ms. Dixon asked the Village Board for assistance in resolving Ms. Ivkovcic's issue with the Village regarding an outstanding water bill. She stated Ms. Ivkovcic is unclear as to why the bill is so high and the Village's billing practice. Mayor Wilks informed Ms. Dixon that staff had been working with Ms. Ivkovcic to resolve this matter and asked Assistant Village Manager Dave Strahl to share this information with Ms. Dixon. Assistant Village Manager Strahl reviewed the Village's policy and practice for water billing and the Village's efforts to assist Ms. Ivkovcic in making payment for her water usage. As Ms. Ivkovcic still had questions regarding her water bill, Assistant Village Manager Strahl offered to meet with Ms. Dixon and Ms. Ivkovcic for further discussion and resolution. RES 32-07 CONSENT AGENDA Trustee Hoefert, seconded by Trustee Lohrstorfer , moved to approve the following business items: 1. Bills dated July 1-11, 2007 2. Financial Report dated June 1-30, 2007 3. A RESOLUTION AUTHORIZING THE EXECUTION OF A LEASE AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND CAPANNARIICE CREAM, INC. 4. A RESOLUTION AUTHORIZING THE EXECUTION OF THE TECHNICAL ASSISTANCE AGREEMENT BETWEEN THE VILLAGE OF MOUNT PROSPECT AND THE REGIONAL TRANSPORTATION AUTHORITY (RT A) CONSENT AGENDA BILLS & FINANCIALS RES 33-07 2 ADMINISTRATIVE ADJUDICATION CONTRACT LINNEMAN ROAD IMPROVEMENTS TREE REMOVAL CONTRACT OLD BUSINESS PZ-07-07,601 E. KENSINGTON ROAD ORD 5635 5. Amendment to Independent Contractor Agreement Between Administrative Adjudication Hearing Officer and the Village of Mount Prospect 6. Request Village Board approval to reject bids for Linneman Road Improvements. 7. Request Village Board approval to waive bids and accept proposal for additional tree removal contract in an amount not to exceed $75,000. Upon roll call: Ayes: Corcoran, Hoefert, Juracek, Korn, Lohrstorfer, Zadel Nays: None Motion carried. OLD BUSINESS Mayor Wilks presented for a second (2nd) reading an ordinance granting a Conditional Use permit in the nature of a mixed use planned unit development for property located at 601 East Kensington Road. Community Development Director William Cooney stated the ordinance had been revised to include the following condition for the Conditional Use permit: 12. Construction related heavy equipment shall not be parked and/or stored outside of any building on the site, except as may be necessary for the actual construction or repair of the premises itself. Construction related heavy equipment Include pieces of equipment such as backhoes, graders, front-end loaders, bulldozers, office trailers/mobile homes and other similar equipment. Passenger vehicle, pick-up trucks, and service vehicles are not categorized as heavy construction equipment and thus are allowed. Noting the revision did not include language prohibiting the parking/storage of heavy equipment on the inside of any building a recommendation was made to add the word "inside" to the condition. Trustee Hoefert, seconded by Trustee Zadel, moved for approval to amend the new condition of the ordinance approving the Conditional Use permit by inserting the word "inside" to the condition so as to read: Construction related heavy equipment shall not be parked and/or stored Inside or outside of any building on site, .... Upon roll call: Ayes: Corcoran, Hoefert, Juracek, Korn, Lohrstorfer, Zadel Nays: None Motion carried. In response to a question from the Village Board Mr. Cooney stated use of the proposed retail building as a restaurant would require a Conditional Use permit approved by the Village Board. Mr. Pappanicholas (Applicant) stated he supported the revised language to the added condition and appreciated the Village's cooperation with the proposed development. Trustee Hoefert, seconded by Trustee Zadel, moved for approval of Ordinance 5635: AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT IN THE NATURE OF A MIXED USE PLANNED UNIT DEVELOPMENT FOR PROPERTY LOCATED AT 601 EAST KENSINGTON ROAD 3 NEW BUSINESS PZ-1907, 585 SLAWIN COURT ORD 5636 PZ-33-06, 1011 & 1013 CYPRESS and 1010 & 1012 LANCASTER Upon roll call: Ayes: Corcoran, Hoefert, Juracek, Korn, Lohrstorfer, Zadel Nays: None Motion carried. NEW BUSINESS Mayor Wilks presented for a first (1st) reading an ordinance to grant a variation for property commonly known as 585 Slawin Court. This ordinance grants a variation to construct a one (1 )-story office/warehouse and create a three-foot (3') landscape side yard setback. Community Development Director William Cooney provided background information on the request to allow a three-foot (3') landscape setback along the west lot line of the subject property. Mr. Cooney stated the Applicant is seeking to create additional parking for a business that would like to move from the building adjacent to the Subject Property, however, the potential tenant requires the additional parking. Mr. Cooney further stated the Applicant also owns 580 Slawin Court, and plans to extensively landscape the area between the two (2) properties. The Planning and Zoning Commission recommended approval of the Variation by a 5-0 vote. It was noted that the Applicant, Mr. Don Tadish was in attendance to respond to questions/comments. [There were no questions or comments from the Village Board.] Trustee Hoefert, seconded by Trustee Zadel, moved to waive the rule requiring two (2) readings of an ordinance: Upon roll call: Ayes: Corcoran, Hoefert, Juracek, Korn, LOhrstorfer, Zadel Nays: None Motion carried. Trustee Hoefert, seconded by Trustee Lohrstorfer, moved for approval of Ordinance 5636: AN ORDINANCE TO GRANT A VARIATION FOR PROPERTY COMMONLY KNOWN AS 585 SLAWIN COURT Upon roll call: Ayes: Corcoran, Hoefert, Juracek, Korn, Lohrstorfer, Zadel Nays: None Motion carried. Mayor Wilks presented an ordinance and resolution for PZ-33-06, 1011 and 1013 Cypress Drive and 1010 and 1012 Lancaster Street. (1) First (1st) reading of an ordinance vacating certain property (public right-of-way) owned by the Village of Mount Prospect and (2) A resolution approving a final plat of subdivision for property located at 1011 and 1013 Cypress and 1010 and 1012 Lancaster. Mr. William Cooney provided background information, stating there is a twenty-foot (20') wide pedestrian right-of-way located between the subject properties. The intended walk way is currently grassed and used and maintained by the applicants. The proposed plats would (1) vacate an undeveloped pedestrian right-of-way and equally divide that land among the four (4) adjacent property owners and (2) consolidate the vacated pedestrian right-of-way with the adjacent properties. The Planning and Zoning Commission recommended by a vote of 5-0 to approve a Plat of Vacation and Plat of Resubdivision. In response to questions from the Village Board Mr. Cooney stated: · The subject public right-of-way is not a buildable lot; no charge for property · Applicants paid for all associated out of pocket expenses for processing request 4 ORD 5637 RES 30-07 PZ-15-07, 701 E. PROSPECT AVENUE · Village has made similar arrangements on other occasions, Le, vacating alley · The owners of the four (4) properties have signed letters of agreement for the resubdivision. It was noted that Ms. Schiro, 1013 Cypress was in attendance representing the property owners. Trustee Hoefert, seconded by Trustee Korn, moved to waive the rule requiring two (2) readings of an ordinance: Upon roll call: Ayes: Corcoran, Hoefert, Juracek, Korn, Lohrstorfer, Zadel Nays: None Motion carried. Trustee Korn, seconded by Trustee Lohrstorfer, moved for approval of Ordinance 5637: AN ORDINANCE VACATING CERTAIN PROPERTY (PUBLIC RIGHT-OF- WAY) OWNED BY THE VILLAGE OF MOUNT PROSPECT Upon roll call: Ayes: Corcoran, Hoefert, Juracek, Korn, Lohrstorfer, Zadel Nays: None Motion carried. Trustee Corcoran, seconded by Trustee Zadel, moved for approval of Resolution No. 30-07: A RESOLUTION APPROVING A FINAL PLAT OF RESUBDIVISION FOR PROPERTY LOCATED AT 1011 CYPRESS DRIVE, 1013 CYPRESS DRIVE, 1010 LANCASTER STREET AND 1012 LANCASTER STREET Upon roll call: Ayes: Corcoran, Hoefert, Juracek, Korn, LOhrstorfer, Zadel Nays: None Motion carried. Mayor Wilks presented for first (1st) readings; (1) An ordinance to amend the official zoning map of the Village of Mount Prospect and (2) An ordinance granting a conditional use permit and variation for a Planned Unit Development at 701 East Prospect Avenue. Community Development Director William Cooney presented background information on the request to rezone the Subject Property from 11 (Limited Industrial) to R4 (Multifamily) and a Conditional Use permit for construction of a twelve (12)-unit rowhome development and variation for setback and building height. The proposed development consists of three (3) groups of 4-unit buildings. Traditional rowhome design with brick/stone exterior with garages located in the rear off the alley. The proposed development provides for four (4) parking spaces per unit on site with an additional fifteen (15) parking spaces along Prospect Avenue and Edward Street. The plans include extensive landscaping and as a Public Benefit the Applicant has agreed to donate $10,000 to the Mt. Prospect Park District for improvements at Lions Park; the Mt. Prospect Park District finds the proposed public benefit acceptable. The Planning and Zoning Commission recommended approval by a vote of 5-0. Mr. Tim Loucopoulos, Structures Construction, LLC (Applicant) and Mr. Steve Hautzinger, provided a brief overview of the project including research that had been conducted to facilitate the project's success; market analysis and parking needs. 5 PZ-16-07,401 E. KENSINGTON ROAD While the Village Board commented on the positive aspects of the proposed development including the rear loading garages and exterior building design, discussion focused on the following issues of concem: · Ten foot (10') setback on Edward Street is inadequate · Parking/density - development will exacerbate existing parking issues · Development is not considered part of the transitional area Mr. Loucopoulos and Mr. Hautzinger responded with the following comments: · Ten foot (10') setback is typical of urban rowhome design - similar to Founders Row · Height of buildings screen stacked roof ventilation; no site line from street · Garages twenty-three feet (23') wide - 2 cars in garage, two on drive; 15- on street parking (analyzed parking situation several times and feel parking is adequate) Residents who addressed the Village Board regarding the proposed project and a collective list of their primary concerns and comments follow: Mr. George Wiedeman 801 East Prospect Avenue Mr. Ralph DerAsadourian 503 South Edward Street · Support row home development · Attractive buildings-bad layout · Ten foot (10') setback is unacceptable/creates safety concerns/does not fit the neighborhood · Parking on street without some restrictions will be problematic · I ncreased traffic In consideration of the constructive comments from the Village Board and residents, Mr. Loucopoulos was encouraged to work with staff to modify the project to satisfactorily address the Edward Street setback and parking/traffic concerns. Mr. Loucopoulos responded he would work with staff and consider reasonable revisions, which may include increased lot coverage. However, he doesn't want to reduce the number of units. The Village Board informed Mr. Loucopoulos that as he looks for alternative designs he needs to also remain cognizant of the Village's lot coverage standards; these standards were developed as a means to address density and water detention issues. Mr. Loucopoulos stated he would work with staff on revisions but he would not be at the August th meeting; his partner will be in attendance. Mayor Wilks presented for first (1st) readings; (1) An ordinance to amend the official zoning map of the Village of Mount Prospect and (2) An ordinance granting a conditional use permit and variation for a Planned Unit Development at 401 East Kensington Avenue. Mayor Wilks stated the Planning and Zoning Commission recommended by a vote of 5-0 to deny the request and as such, Village Board approval would require a super majority vote. 6 Community Development Director William Cooney presented background information on the request to rezone the Subject Property from RX (Single Family) to R2 (Attached Single Family) and a Conditional Use permit for construction of an eleven (11) unit town home development and variation to allow a ten foot (10') setback for the twelve (12) guest parking spaces. The proposed development consists of two clusters of townhomes; one (1) cluster would have six (6) units and the second (2nd) cluster would have five (5) units. The architecture is brick/stone/siding with five (5) parking spaces per unit. The development has a 77-foot setback from Kensington Road, and meets all Village development code requirements. Mr. Cooney stated the Planning and Zoning Commission did recommend denial of the project by a vote of 5-0. He indicated the removal of the trees at the Subject Property was a matter of discussion at the P & Z Hearing but since the negative recommendation, the Applicant has worked out a tentative agreement with the neighbors for tree replacement and landscaping. In addition, to meet the public benefit requirement the Applicant has agreed to donate fifteen (15) trees or their cash equivalent to the Mt. Prospect Park District. Mr. Dave Block, Terra Development Services (Applicant) stated, Dr. Hsu owner of the subject property was unable to attend but wanted Mr. Block to extend his apologies to the Village Board for the removal of the trees at the proposed development site. In addition to the letter of apology Dr. Hsu had submitted documentation regarding public benefit and property maintenance contracts. [It was also noted that Dr. Hsu had paid all code violation fines associated with the property.] Mr. Block continued by stating Terra Development Services was now in charge of the project. He introduced Ms. Pamela Self, landscape architect, who provided an overview of the revised landscape plan. Revisions included a 50% increase of the required landscaping, and installation of 60 trees, 25 of which will be along Kensington Road. Mr. Block continued with an overview of the architectural design, which includes stone base with a brick fac;ade. The three (3) bedroom units have basements and patios with two (2) car garages facing Kensington Road. Mr. Dennis Vennen, Vennen Construction also addressed the Village Board confirming that while Dr. Hsu was sole owner of the subject property Dr. Hsu had given him sole authority to manage the project. The Village Board commented and discussed the following issues regarding the proposed project · Overall concern regarding approach taken by Dr. Hsu in developing the property including communication with staff and neighbors · Removal of trees on property and neighboring properties by Dr. Hsu negatively impacted facilitation of proposed project · Requested demolition of the building currently on-site [Mr. Vennen indicated he would proceed with the planned demolition] · Attractive buildings - possible to make front loaded garage doors wooden · Garage - need to accommodate solid waste containers · Increase front entrance width · Patio size - inadequate · Recessed doors - safety concern · Resident concerns regarding tree replacements and fence repair Mr. Block responded favorably to the recommendations indicating he will work with staff on these issues. 7 PZ-23-07, TEXT AMENDMENT CHAPTER 14 The residents listed below addressed the Village Board with specific concerns regarding the project as well as other concerns associated with the property owner's approach to the development. Mr. Fred Bierman 410 East Garwood [Mr. Bierman gave a brief history of the subject property and surrounding area as well as his family's longtime involvement in the community.] Mr. Bierman indicated he supports the development however, he is concerned about flooding; would prefer the detention area be to the west. He is concerned with what would happen to the property if the Village Board does not approve the project. Mr. Paul Stonis 606 Windsor Mr. Stonis stated he lost numerous trees on his property when Dr. Hsu had the trees cleared. He finds the proposal to install one replacement tree for his loss is unacceptable. In addition, the fence that was installed and to be maintained by Dr. Hsu has been in disrepair for sometime; no follow through on commitment to maintain the fence. Mr. Steve Polit 601 Wishire Mr. Polit expressed concern with the lack of communication between himself and Mr. Vennen. He was unaware Mr. Vennen had incorporated the neighbor's request for tree replacement and landscaping into revised plans. Stated removal of the trees is counter to the environmental practices we promote. In response to the resident's comments, the Village Board requested Mr. Cooney follow-up with the appropriate staff and/or Mr. Block and Mr. Vennen on the following issues of concern: · Water detention · Equivalent replacement of private property trees that were removed from the adjacent properties on Windsor Drive · Revise ordinance to include tree replacements sizes/number of trees · Accountability - project development representatives Mr. Block asked for deferral of the second (2nd) reading of the ordinances as he would not be available for the August 7.2007 Village Board meeting. Trustee Korn, seconded by Trustee Lohrstorfer, moved for approval to defer the second (2nd) reading of the ordinances for the townhome development at 401 East Kensington Road until the August 21. 2007 Village Board meeting. Upon roll call: Ayes: Corcoran. Hoefert. Juracek, Korn, Lohrstorfer, Zadel Nays: None Motion carried. Mayor Wilks called for a brief recess at 10:06 p.m. The Village Board reconvened at 10:14 p.m. Mayor Wilks presented for a first (1st) reading an ordinance amending Chapter 14 (Zoning) of the Village Code. Community Development Director William Cooney stated this ordinance amends the code to require outdoor dining permits for areas within the public right-of-way only and not on private property. The Planning and Zoning Commission recommended approval by a 5-0 vote. 8 ORD 5638 PZ-24-07, TEXT AMENDMENT, CHAPTER 14 ORD 5639 Trustee Hoefert, seconded by Trustee Corcoran, moved to waive the rule requiring two (2) readings of an ordinance: Upon roll call: Ayes: Corcoran, Hoefert, Juracek, Korn, Lohrstorfer, Zadel Nays: None Motion carried. Trustee Korn, seconded by Trustee Lohrstorfer, moved for approval of Ordinance 5638: AN ORDINANCE AMENDING CHAPTER 14 (ZONING) OF THE VILLAGE CODE Upon roll call: Ayes: Corcoran, Hoefert, Juracek, Korn, Lohrstorfer, Zadel Nays: None Motion carried. Mayor Wilks presented for a first (1st) reading an ordinance amending Chapter 14 (Zoning) of the Village Code. Community Development Director William Cooney stated this ordinance amends Section 14.202 to allow unenclosed porches the required front yard with administrative review and approval from the Director of Community Development; Section 14.203 to include exception created with the addition of Section 14.316 which allows administrative review of unenclosed front porches in the required front yard. The Planning and Zoning Commission recommended approval by a 5-0 vote. Trustee Corcoran, seconded by Trustee Zadel, moved to waive the rule requiring two (2) readings of an ordinance: Upon roll call: Ayes: Corcoran, Hoefert, Juracek, Korn, Lohrstorfer, Zadel Nays: None Motion carried. Trustee Korn, seconded by Trustee Corcoran, moved for approval of Ordinance 5639: AN ORDINANCE AMENDING CHAPTER 14 (ZONING) OF THE VILLAGE CODE Upon roll call: Ayes: Corcoran, Hoefert, Juracek, Korn, LOhrstorfer, Zadel Nays: None Motion carried. Mayor Wilks presented a resolution authorizing the Village of Mount Prospect to accept title to certain property donated to the Village. Mr. Cooney provided background information on the donation of the two (2) properties located at 902 Ardyce Lane and 608 Meier. Mr. Cooney stated the Village has been maintaining the properties through the property maintenance program because the developer for the subdivisions where the respective parcels are located no longer exists. Mr. Cooney stated that to ensure the properties are maintained and not acquired by another entity through a tax sale staff recommend the Village accept title of the properties. In response to questions from the Village Board Mr. Cooney indicated the Village would be accepting the cost for maintenance but under the Village's ownership it would be added to the Village's mowing contract, which is more cost-effective. He also stated the unique circumstances of the properties, no owners nor homeowner's association. 9 RES 31-07 VILLAGE MANAGER'S REPORT OTHER BUSINESS CLOSED SESSION ADJOURN Trustee Hoefert, seconded by Trustee Zadel, moved for approval of Resolution 31- 07: A RESOLUTION AUTHORIZING THE VILLAGE OF MOUNT PROSPECT TO ACCEPT TITLE TO CERTAIN PROPERTY DONATED TO THE VILLAGE OF MOUNT PROSPECT Upon roll call: Ayes: Corcoran, Hoefert, Juracek, Korn, LOhrstorfer, Zadel Nays: None Motion carried. VILLAGE MANAGER'S REPORT Village Manager Janonis noted the following business/community items: · Committee of the Whole Meeting - July 24, 2007 (Discussion of CIP) · Mid Summer Downtown Block Party July 28, 20074:00 - 9:00 p.m. · Fifth Tuesday - No Village Board meeting July 31, 2007 OTHER BUSINESS Trustee Hoefert asked that the quality of the microphones in the Village Board room be evaluated; sound quality is inconsistent. Trustee Korn thanked everyone for their participation and support of the 2007 Lions Fair. This year's event was very successful. CLOSED SESSION Mayor Wilks stated there was no need for the Closed Session as listed on the Agenda; Land Acquisition. ADJOURN Trustee Zadel, seconded by Trustee Juracek, moved to adjourn the July 17, 2007 Village Board meeting at 10:26 p.m. Upon roll call: Ayes: Corcoran, Hoefert, Juracek, Korn, Lohrstorfer, Zadel Nays: None --;/l} L" <s4---, \A () () M.LiS~ (j .q Village Clerk Motion carried. 10