HomeMy WebLinkAbout03/04/2008 VB minutes
MINUTES OF THE REGULAR MEETING OF
THE MAYOR AND BOARD OF TRUSTEES
OF THE VILLAGE OF MOUNT PROSPECT
MARCH 4, 2008
CALL TO ORDER Mayor Wilks called the meeting to order at 7:08 p.m.
ROLL CALL
PLEDGE
INVOCATION
MINUTES
APPROVE BILLS
MAYOR'S
REPORT
WELCOME
FRENCH
CONSUL
GENERAL
RESOLUTION TO
ILLINOIS
GENERAL
ASSEMBLY
Present:
Mayor Irvana Wilks
Trustee Paul Hoefert
Trustee Arlene Juracek
Trustee John Korn
Trustee Richard Lohrstorfer
Trustee Michael Zadel
Absent:
Trustee Timothy Corcoran
PLEDGE OF ALLEGIANCE
Trustee Lohrstorfer led the Pledge of Allegiance.
INVOCATION
Trustee Korn gave the Invocation.
APPROVAL OF MINUTES
Trustee Lohrstorfer, seconded by Trustee Hoefert, moved to approve the minutes of
the regular meeting held February 19, 2008.
Upon roll call: Ayes: Hoefert, Juracek, Korn, Lohrstorfer, Zadel
Nays: None
Motion carried.
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 REPORT
Mayor Wilks presented the proclamation welcoming French Consul General to the
United States, Mr. Jean-Baptiste de Boissiere. Mr. de Boissiere was invited to the
Village of Mount Prospect by the Sister Cities Commission and will make a
presentation on France at the Mount Prospect Library this evening. The Village of
Mount Prospect is a Sister City to Sevres, France; the Sister Cities Commission
sponsors community events to broaden awareness and strengthen the relationship
between the two communities.
Mr. de Boissiere thanked the Village for the special welcome to the community and
the opportunity to participate in an event to enhance the bond of friendship and
understanding between the Village of Mount Prospect and the City of Sevres.
Mayor Wilks presented a resolution urging the Illinois General Assembly to 1) stop
making costly benefit improvements and 2) adopt reforms that protect police and fire
pensions.
Assistant Village Manager Dave Strahl provided background information regarding
the escalation of public safety pension expenses. Many municipalities are under
significant financial strain due to the increase in pension costs attributable to the
decline in the percentage of pension funding levels.
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Approval of the resolution by the Village Board endorses the efforts of the Illinois
Municipal League (IML) and the Northwest Municipal Conference to address the
public safety pension benefit enhancement mandates imposed upon municipalities
by the Illinois General Assembly.
As part of their discussion the Village Board commented on the burden unfunded
mandates impose on taxpayers. Although local officials have little if any input on the
legislation, local municipalities must provide funding. To comply municipalities are
often forced to divert funds intended to benefit the community; programs, services
and projects.
Trustee Korn, seconded by Trustee Hoefert, moved for approval of RES NO.
07 -08:
RES 07-08
A RESOLUTION URGING THE GENERAL ASSEMBLY TO: 1) STOP
MAKING COSTLY BENEFIT IMPROVEMENTS; AND 2) ADOPT
REFORMS THAT PROTECT POLICE AND FIRE PENSIONS
Upon roll call: Ayes: Hoefert, Juracek, Korn, Lohrstorfer, Zadel
Nays: None
Motion carried.
AMEND
CHAPTERS 4
(APPOINTIVE
VI LLAGE
OFFICERS) AND
CHAPTER 5
(BOARDS AND
COMMISSIONS)
Mayor Wilks presented for a second (2nd) reading an ordinance to amend Chapter 4
(Appointive Village Officers) Articles VIII and IX and Chapter 5 (Boards and
Commissions) Article III of the Village Code.
Mayor Wilks stated that further review of the regulations for Boards and Commissions
will be conducted at a later date, and additional changes may be made to Chapters 4
and 5.
Trustee Juracek, seconded by Trustee Lohrstorfer, moved for approval of
Ordinance No. 5679:
ORD 5679
AN ORDINANCE AMENDING CHAPTER 4, (APPOINTIVE VILLAGE
OFFICERS) ARTICLES VIII AND IX AND CHAPTER 5 (BOARDS AND
COMMISSIONS) ARTICLE III OF THE VILLAGE OFMOUNT PROSPECT
VILLAGE CODE
Upon roll call: Ayes:
Nays:
Motion carried.
Hoefert, Juracek, Korn, Lohrstorfer, Zadel
None
APPOINTMENTS APPOINTMENTS
None.
CITIZENS TO BE COMMUNICATIONS AND PETITIONS - CITIZENS TO BE HEARD
HEARD None.
CONSENT CONSENT AGENDA
AGENDA Trustee Hoefert, seconded by Trustee Korn, moved to approve the following
business items:
BILLS 1. Bills dated February 14-27, 2008
2. RESOLUTION AUTHORIZING APPROVAL OF THE 2008 OFFICIAL ZONING
RES 09-08 MAP OF THE VILLAGE OF MOUNT PROSPECT
3. Request Village Board approval to accept bid for copier lease agreement in an
COPIER LEASE amount not to exceed $12,906.
AGREEMENT
Upon roll call: Ayes: Hoefert, Juracek, Korn, Lohrstorfer, Zadel
Nays: None
Motion carried.
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OLD BUSINESS
PZ-31-06
1700 E. EUCLID,
1303 WOLF AND
COMED ROW
PZ-05-08, 1750
AZALEA PLACE
OLD BUSINESS
Mayor Wilks stated staff had requested deferral of PZ-31-06, 1700 East Euclid
Avenue, 1303 Wolf Road and ComEd ROW, Items A1 &2, until the April 1, 2008
Village Board meeting.
Village Manager Michael Janonis stated staff is waiting for a letter from the
Northwest Water Commission (NWWC) indicating their approval of the project; the
NWWC has a 48-inch water main in the ComEd ROW.
Trustee Hoefert, seconded by Trustee Zadel, moved to approve staffs request for
deferral of PZ-31-06; (A1) 2na reading of an ordinance amending the official zoning
map of the Village of Mount Prospect for property located at 1700 East Euclid, 1303
Wolf Road and ComEd ROWand (A2) 2nd reading of an ordinance granting a
conditional use permit and variations for property located at 1700 East Euclid, 1303
Wolf Road and ComEd ROW until the April 1, 2008 Village Board meeting.
Upon roll call: Ayes:
Nays:
Motion carried.
Hoefert, Juracek, Korn, Lohrstorfer, Zadel
None
Mayor Wilks presented for a second (2nd) reading an ordinance granting a variation
for a second (2nd) driveway; PZ-05-08, 1750 Azalea Place.
Village Manager Janonis stated since the February 19, 2008 Village Board meeting
Section Two (2) of the proposed ordinance had been revised to include a condition
that the second (2nd) driveway be removed from the right-of-way and exterior side
yard setback prior to the sale of the home. He added that since the second (2nd)
driveway was temporary, the Engineering Division determined it would be acceptable
to maintain the rolled curb as it exists.
Mr. Gary Schram beck, son of the petitioners, Joan and Larry Schrambeck, reviewed
information from Planning and Zoning Commission meeting where the petitioners'
request for the variation was recommended for approval. He does not believe the
Village would be setting a precedent by approving the variation, adding that without
the variation his parents maybe forced to sell the recreation vehicle.
Mr. and Mr. Schrambeck (petitioners) also addressed the Village Board. For over 30
years they have stored a recreational vehicle on a gravel pad in the rear of the yard;
during this time neither the Village nor the neighbors complained. Neighbors
continue to support their request for the second (2nd) driveway.
Additional comments in support of the petitioners' request for the variance to allow a
second driveway were presented to the Village Board by the following individuals:
· Mr. David Gates
1782 Azalea Place
· Mr. Philip Lelong
1754 Azalea Place
· Laurie Schmidt (daughter)
Iowa
· Amy Lillebridge
1776 Azalea Place
The Village Board discussed several factors of the petitioners' request with significant
focus on the following: 1) hardship requirement which would allow the variation and
setting a precedent; 2) visual screening and obstruction; and 3) uniqueness of
property and placement of the recreation vehicle in the rear yard.
Citing the petitioners' failure to meet the standards for a hardship as required by
Village, and the potential for setting precedent for future variation requests without the
required hardship, Trustee Hoefert stated he could not support the petitioners'
request.
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ORD 5680
PZ-03-08, 1040 W.
NORTHWEST
HIGHWAY
There was a consensus among the other Village Board members that this case, like
all zoning cases, be considered individually, and factors such as the condition that the
variation for the 2nd driveway is temporary made it a unique case.
Other considerations included the screening of the recreational vehicle, site
obstruction if the vehicle was parked in driveway at front of home and length of time
petitioner had already stored the vehicle on property without incident.
Village Manager Janonis suggested as there seemed to be support to approve the
ordinance the language in section two (2) of the ordinance be further amended to
ensure the variation was removed prior to transfer of the property. He recommended
Section Two (2) of the ordinance read as follows: "That as a condition of the
Variation, the driveway shall be removed from the right-of-way and exterior side yard
setback upon transfer of the property by sale or other legal means."
Trustee Korn, seconded by Trustee Zadel, moved for approval of
Ordinance No. 5680 with revisions to Section Two:
AN ORDINANCE GRANTING A VARIATION (SECOND DRIVEWAY)
FOR PROPERTY LOCATED AT 1750 AZALEA PLACE
Upon roll call: Ayes:
Nays:
Motion carried.
Juracek, Korn, Lohrstorfer, Zadel
Hoefert
Mayor Wilks presented for second (2nd) 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 to allow construction of a 14 unit townhome
development at 1040 West Northwest Highway.
Community Development Director William Cooney stated both staff and the
developer, Mr. Victor Dziekiewicz, Design Bridge, Ltd. had prepared responses to the
concerns/questions raised at the February 19, 2008 Village Board meeting. Mr.
Cooney went through each of the concern with staffs response; the written
responses from Mr. Cooney and Mr. Dziekiewsicz are attached as part of the
minutes.
In addition, Mr. Cooney stated the following:
1. Since the February 19, 2008 Village Board meeting the proposed ordinance
for the Conditional Use had been revised: Section Two (2), Item H., "The
petitioner shall donate $14,000 to the Mt. Prospect Park District to upgrade
the playground equipment at Meadows Park. The donation shall be made
prior to the issuance of a building permit for the project."
2. Staff recommend deletion of Item I. in Section Two of the proposed
ordinance for Conditional Use; "The Petitioner shall revise the engineering
plans to increase the storm sewer vault capacity by 25%." The proposed
development meets Village Code and Engineering Department analyzed the
site plan as part of the review process and upon their review of the site, the
Village's Engineering Department found no reason to support the
recommendation for the additional sewer vault capacity.
Residential property owners from the adjacent subdivision addressed the Village
Board; a collective list of their remaining concerns and comments follows:
Residents
Mr. Paul Glombowski
206 MacArthur Drive
Ms. Mary Simon
803 Isabella
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ORD 5681
ORD 5682
AMEND
CHAPTER 19
(HEALTH REG.)
Ms. Nancy Fritz
103 North MacArthur Drive
Concerns/Comments
· Density 8-10 units acceptable
· Inadequate parking
· Accessibility of fire and other emergency vehicles
· Inadequate drainage - storm/sanitary sewer
· New developer has done a good job addressing subdivision concerns; great
improvement in landscaping
· Appreciated the Village's support in addressing subdivision's concerns
The Village Board also commented on the remaining concerns expressed by the
residents. Referencing both Village regulations and staff the Village Board
commented on the standards/regulations in the Village Code that were developed to
protect residential properties, and the caliber of knowledgeable staff dedicated to
ensure the safety and well-being of the community. Issues such as fire protection
and water/sewer capacity are major considerations fully analyzed by staff prior to
recommendations.
The Village Board also thanked the residents for their steadfast commitment to this
project. The residents were also credited for pursing the improvements and quality
of this development compared to the initial development plan.
Trustee Zadel, seconded by Trustee Lohrstorfer, moved for the approval of
Ordinance No. 5681:
AN ORDINANCE AMENDING THE OFFICIAL ZONING MAP OF THE
VILLAGE OF MOUNT PROSPECT FOR PROPERTY LOCATED AT
1040 WEST NORTHWEST HIGHWAY
Upon roll call: Ayes:
Nays:
Motion carried.
Hoefert, Juracek, Korn, Lohrstorfer, Zadel
None
Trustee Zadel, seconded by Trustee Lohrstorfer, moved for the approval of
Ordinance No. 5682:
AN ORDINANCE GRANTING A CONDITIONAL USE PERMIT
AND VARIATION FOR PROPERTY LOCATED AT 1040
WEST NORTHWEST HIGHWAY
Upon roll call: Ayes:
Nays:
Motion carried.
Hoefert, Juracek, Korn, Lohrstorfer, Zadel
None
Mayor Wilks presented for a first (1st) reading an ordinance to amend Chapter 19,
(Health Regulations) Article VIII, entitled "Clean Air Regulations," of the Village Code.
This ordinance regulates smoking shelters and prohibits smoking on certain public
usage property. The ordinance was first (1st) presented at the February 19, 2008
Village Board meeting, after discussion the Village recommended the ordinance be
brought back to the March 4,2008 meeting as a first (1st) reading.
Administrative Analyst Michael Dallas reviewed the revisions made to the proposed
amended clean air ordinance following the February 19, 2008 Village Board
meeting.
· Section 19.802 - redefined a smoking shelter
· Section 19.804 (A) (9) - added the section number of the International Building
Code that defines the term "non-combustible"
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ORD 5683
NEW BUSINESS
SUB AREA #1
REDEVMNT PLAN
· Section 19.804 (B) - restricted the location of shelters to licensed businesses
in the industrial and commercial zoning districts
· Section 19.805 - defined the penalties for violations; public smoking and
smoking shelters
Staff responded to questions from the Village Board regarding:
· Usage of shelters - shelters are to provide outdoor shelter while patrons are
smoking; no service, food or beverages allowed
· Seating - limited seating allowed
· Structure - construction material/design regulated by Village
· Village Clean Air ordinance complies with state regulations
· Enforcement - staff respond to complaints; evaluate frequency of violations
and how business(es) enforce smoking regulations
The following business representatives responded to questions from the Village
Board regarding smoking violations at their respective businesses:
Mr. Vic Giovanni
Bogies Ale House
Customers are very cooperative and adhere to the smoking regulations. He
appreciates the ViUage's efforts to allow outdoor smoking shelters.
Mr. Ted Pappas
Paps Sports Bar
Customers are not happy but do, except for one incident, adhere to the smoking
regulations. Also, thanked the Village for working with the businesses in developing
guidelines to accommodate customers that smoke.
Trustee Hoefert, seconded by Trustee Lohrstorfer, moved to waive the rule requiring
two (2) readings of an ordinance:
Upon roll call: Ayes:
Nays:
Motion carried.
Hoefert, Juracek, Korn, Lohrstorfer, Zadel
None
Trustee Hoefert, seconded by Trustee Zadel, moved for the approval of
Ordinance No. 5683:
AN ORDINANCE TO AMEND CHAPTER 19, (HEALTH REGULATIONS)
ARTICLE VIII, ENTITLED "CLEAN AIR REGULATIONS" OF THE
VILLAGE OF MOUNT PROSPECT VILLAGE CODE
Upon roll call: Ayes:
Nays:
Motion carried.
Hoefert, Juracek, Korn, Lohrstorfer, Zadel
None
NEW BUSINESS
Mayor Wilks presented a resolution authorizing the Planning and Zoning Commission
to proceed with hearings and recommendations for a conditional use for a planned
unit development in the downtown redevelopment area.
Village Manager Janonis provided background information stating the resolution will
allow public discussion and review to proceed regarding a proposed redevelopment
plan for Sub Area # 1; "small triangle" area. The Village has obtained title to certain
parcels within the Development Property and has instituted eminent domain
proceedings on other certain parcels. The Village has also entered into discussions
with a developer, Heimbaugh Capital Development Corporation, who has already
obtained title to numerous parcels and is prepared to apply for a conditional use for a
Planned Unit Development for this property.
6
RES 08-08
MANAGER'S
REPORT
2008 STREET
RESURFACING
PROGRAM
To allow for timely Public Discussion of the proposed development, staff feel it is in
the best interest of the Village for the necessary hearings for the Conditional Use to
move forward prior to the time that title to all the parcels have been transferred to the
Developer or the Village.
Mr. Janonis stated the first (1st) public unveiling of the Developer's proposal will be at
the March 11, 2008 Committee of the Whole meeting.
Trustee Hoefert opened the discussion with questions regarding the original plans for
development of Sub Area #1 and the change in ownership.
Mr. Cooney responded the original owner, Dr. Oztekin sold the property to
Heimbaugh but remains an equity partner. He stated an economic analysis indicated
development of the property solely for "entertainment" as originally proposed was not
viable.
Trustee Hoefert made the following points with regard to the request to proceed
with development plans with the preferred developer.
. Other redevelopment projects in the downtown area were selected through
request for proposals and public input process
. The proposed developer/plan was not chosen by Village Board; no solicitation
for redevelopment plans from other developers
. Proposed development plan presented to residents as only development option
. Proposed development process deviates from other downtown developments
. Encouraged request for proposals from other developers
Village Board members offered the following in response to Trustee Hoefert's
comments:
. Different scenario with redevelopment of "triangle"; unlike other downtown
redevelopment Village is not the sole current property owner; a property owner of
a significant portion of the "triangle" is presenting plans to the Village for
consideration
· Although the approach is different public input remains integral to redevelopment
of the "triangle"
· Approval of the resolution allows the Village to move forward with the public
process - resident input on proposed redevelopment plan
Trustee Zadel, seconded by Trustee Lohrstorfer, moved for the approval of
Resolution No. 08-08:
A RESOLUTION AUTHORIZING THE PLANNING AND ZONING
COMMISSION TO PROCEED WITH HEARINGS AND
RECOMMENDATIONS FOR A CONDITIONAL USE FOR A PLANNED
UNIT DEVELOPMENT IN THE DOWNTOWN REDEVELOPMENT AREA
Upon roll call: Ayes:
Nays:
Motion carried.
Juracek, Korn, Lohrstorfer, Zadel
Hoefert
VILLAGE MANAGER'S REPORT
Village Manager Janonis stated Public Works was requesting approval to accept the
2008 street resurfacing bid.
Village Engineer Jeff Wulbecker provided background information stating this year's
project represents the twelfth (12'h) year of the thirteen (13) year extended street
improvement program and includes the resurfacing of approximately 7.2 miles of
Village streets. Staff recommend the contract be awarded to the low bidder, Arrow
Road Construction Co., in an amount not to exceed $3,135,000.
7
PUBLIC
MEETINGS
OTHER
BUSINESS
CLOSED
SESSION
ADJOURN
Mr. Wulbecker responded to questions from the Village Board regarding the Village's
street resurfacing program and the average "life-cycle" for a street under the street
resurfacing schedule.
Mr. Wulbecker also responded to questions regarding the condition of streets due to
potholes. He stated many of the reported pothole are roads under the jurisdiction of
the county or state. Although the Village contacts the responsible agency to do
repairs, the work is done according to those agencies schedules. Village crews are
out on a regular basis to fill in potholes on Village maintained streets.
Trustee Zadel, seconded by Trustee Hoefert, moved for approval to accept street
resurfacing bid in an amount not to exceed $3,135,000.
Village Manager Janonis announced the following business/community items:
· Coffee with Council- Village Hall Community Center
Saturday, March 8th, 9:00 a.m. - 11 :00 a.m. .
· Committee of the Whole Meeting - Village Hall Board Room
Tuesday, March 11th, 7:00 p.m. - Public Discussion Sub Area #1
OTHER BUSINESS
None.
CLOSED SESSION
Mayor Wilks asked for a motion to enter Closed Session to discuss:
PERSONNEL 5 ILCS 120/2 (c) (2) - Collective negotiating matters between the
public body and its employees or their representatives, or deliberations concerning
salary schedules for one or more classes or employees.
LAND ACQUISITION 5 ILCS 120/2 (c) (5) - The purchase or lease of real property
for the use of the public body, including meetings held for the purpose of discussing
whether a particular parcel should be acquired.
Trustee Zadel, seconded by Trustee Hoefert, moved to meet in Closed Session to
discuss Personnel 5 ILCS 120/2 c (2) and Land Acquisition 5 ILCS 120/2 (c) (5).
Upon roll call: Ayes: Hoefert, Juracek, Korn, Lohrstorfer, Zadel
Nays: None
Motion carried.
The Village Board entered Closed Session at 9:45 p.m.
ADJOURN
The Village Board reconvened in Open Session at 10:02 p.m. There being no further
business the Village Board meeting of March 4, 2008 adjourned at 10:03 p.m.
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M. Lisa Angell ~
Village Clerk
8