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HomeMy WebLinkAbout10/04/2011 VB MinutesMINUTES OF THE REGULAR MEETING OF THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT October 4, 2011 CALL TO ORDER Mayor Wilks called the meeting to order at 7:07 p.m. ROLL CALL Present: Mayor Irvana Wilks Trustee Paul Hoefert Trustee Arlene Juracek Trustee John Korn Trustee John Matuszak Trustee Steven Polit Trustee Michael Zadel PLEDGE PLEDGE OF ALLEGIANCE Trustee Polit led the Pledge of Allegiance. INVOCATION INVOCATION Trustee Korn gave the Invocation. AGENDA AGENDA REVISIONS REVISIONS 1. Closed Session: request to add Closed Session for the discussion of: LITIGATION 5 ILCS 120/2 (c) (11) — Litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court of administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered in the minutes of the closed meeting. Trustee Korn, seconded by Trustee Polit, moved to add Closed Session: LITIGATION 5 ILCS 120/2 (c) (11). Upon roll call: Ayes: Hoefert, Juracek, Korn, Matuszak, Polit, Zadel Nays: None Motion carried APPROVAL OF APPROVAL OF MINUTES MINUTES Trustee Polit, seconded by Trustee Matuszak, moved to approve the minutes of the regular Village Board meeting held September 6, 2011. Upon roll call: Ayes: Hoefert, Juracek, Korn, Matuszak, Polit, Zadel Nays: None Motion carried. Trustee Zadel, seconded by Trustee Juracek, moved to approve the minutes of the regular Village Board meeting held September 20, 2011. Upon roll call: Ayes: Hoefert, Juracek, Korn, Matuszak, Polit Nays: None Abstain: Zadel Motion carried. Minutes of the Regular Meeting of the Mayor and Board of Trustees of the Village of Mount Prospect October 4, 2011 Page 1 of 7 APPROVE BILLS APPROVE BILLS Mayor Wilks stated the next item on the agenda, "APPROVE BILLS" was noted by an asterisk, and unless there was a request to remove an item(s), all items further listed in that manner would be considered with one (1) vote as business item "IX. CONSENT AGENDA." MAYOR'S REPORT MAYOR'S REPORT A. Proclamation: "Domestic Violence Awareness Month," October 2011 DOMESTIC Mayor Wilks presented the proclamation to Illinois State Senator Matt Murphy. Senator VIOLENCE Murphy accepted the proclamation on behalf of the Northwest Suburban Alliance on AWARENESS Domestic Violence. He stated the Police Department has been a great partner to the MONTH Northwest Suburban Alliance on Domestic Violence; their commitment to the cause is exemplary. Trustee Korn reflected on his personal experience with Domestic Violence and Senator Murphy commended Trustee Korn for sharing his experience. Promoting awareness is important in helping to realize the signs of domestic violence. FIRE PREVENTION B. Proclamation: "Fire Prevention Week," October 9 -15, 2011 WEEK Mayor Wilks presented the proclamation to Fire Marshal Bryan Loomis. Mr. Loomis discussed the importance of having a Fire Escape Plan and practicing that plan every six (6) months. He encouraged residents to participate in the Fire Department's community education events. EMPLOYEE The following employees are celebrating quinquennial anniversaries with the Village this RECOGNITION year. Mayor Wilks and Police Chief John Dahlberg recognized those in attendance and POLICE presented each with a plaque or certificate. DEPARTMENT Sister Cities Commission Edward Juracek Term expires September 2012 Mr. Juracek's appointment fills the unexpired term of Ms. Cindy Kiel. Trustee Zadel, seconded by Trustee Matuszak, moved to approve the appointment as listed above: Upon roll call: Ayes: Hoefert, Juracek, Korn, Matuszak, Polit, Zadel Nays: None Motion carried. Minutes of the Regular Meeting of the Mayor and Board of Trustees of the Village of Mount Prospect October 4, 2011 Page 2 of 7 YEARS OF YEARS OF POLICE DEPT. SERVICE POLICE DEPT. SERVICES Lance K. Besthoff 30 Angelo J. Anzalone 5 John D. Gross 25 Lisa M. Breskovich 5 Mark Weger 15 Barbara A. Connolly 5 Joseph Kanupke 10 Francisco R. Cornejo 5 Dirk 011ech 10 Laura Davis 5 Diane J. Rhode 10 Scott M. Filipek 5 Michael Brady 10 Joseph A. Gliner 5 Jason Nemerow 10 Seth C. Santi 5 Cathy J. Bratu 10 Jeffrey M. Taylor 5 APPOINTMENTS APPOINTMENTS Mayor Wilks presented the following appointment for Village Board approval. Sister Cities Commission Edward Juracek Term expires September 2012 Mr. Juracek's appointment fills the unexpired term of Ms. Cindy Kiel. Trustee Zadel, seconded by Trustee Matuszak, moved to approve the appointment as listed above: Upon roll call: Ayes: Hoefert, Juracek, Korn, Matuszak, Polit, Zadel Nays: None Motion carried. Minutes of the Regular Meeting of the Mayor and Board of Trustees of the Village of Mount Prospect October 4, 2011 Page 2 of 7 CITIZENS TO BE COMMUNICATIONS AND PETITIONS — CITIZENS TO BE HEARD HEARD None. CONSENT AGENDA CONSENT AGENDA Trustee Korn, seconded by Trustee Zadel, moved to approve the following business items: APPROVE BILLS 1. Bills dated September 15 to September 28, 2011 RES 30 -11 2. A resolution regarding the release of closed session minutes. Upon roll call: Ayes: Hoefert, Juracek, Korn, Matuszak, Polit, Zadel Nays: None Motion carried. OLD BUSINESS OLD BUSINESS A. PZ- 17 -10, 501 Midway Drive, Niagara Educational Services, Inc. Mayor Wilks presented for a second (2 reading an ordinance granting a Conditional Use to PZ -17 -10 operate a community center and school for property located at 501 Midway Drive. At the 501 MIDWAY DRIVE August 2, 2011 meeting the Village Board approved the request to defer the second (2nd) reading of the ordinance granting a Conditional Use to operate a community center and school until the October 4 2011 Village Board meeting. Community Development Director William Cooney stated he met with the petitioner; the petitioner informed staff the bank approved some financing, however not enough to fund the entire project. Staff recommended the petitioner develop a phasing plan and schedule, providing a strategy to complete at least seventy �70 %) percent of the proposed plan. The petitioner has requested deferral of the second (2 ) reading; petitioner will provide a budget, proof of financing, a phasing plan and schedule on that date. Mr. Cooney recommended deferral until the November 15 Village Board meeting. Mr. Yasar Serlik, Petitioner, was in attendance to respond to questions from the Village Board. Village Board Comments • No further questions at this time since no new materials were presented. • Recognition of petitioner's progress on project. Village Manager Janonis indicated that based on the history of this case, it would be appriopate to call for a final vote at the November 15 Village Board Meeting. Trustee Hoefert, seconded by Trustee Zadel, moved to approve deferral of the second (2nd) reading of an ordinance granting a Conditional Use to operate a community center and school for property located at 501 Midway Drive until the November 15, 2011 Village Board meeting. Upon roll call: Ayes: Hoefert, Juracek, Korn, Matuszak, Polit, Zadel Nays: None Motion carried. NEW BUSINESS NEW BUSINESS A. PZ- 22 -11, 999 North Elmhurst Road, Randhurst Village This ordinance amends the Conditional Use for Planned Unit Development granted in Ordinance No. 5705 to allow a drive - through restaurant (Panera Bread) for property located at 999 North Elmhurst Road. Minutes of the Regular Meeting of the Mayor and Board of Trustees of the Village of Mount Prospect October 4, 2011 Page 3 of 7 PZ- 22 -11, 999 N. Mayor Wilks presented for a first (1 st) reading an ordinance to amend the Conditional Use for Elmhurst Road Planned Unit Development granted in Ordinance No. 5705 to allow a drive - through restaurant for property located at 999 North Elmhurst Road. Community Development Director William Cooney provided background information stating the Petitioner was granted Conditional Use approval for a commercial Planned Unit Development in 2008 (Ordinance No. 5705) for the redevelopment of the Randhurst Village Shopping Center. The Petitioner proposes to construct a new outlot building and is seeking to modify the approved Planned Unit Development to allow for a drive - through. Per the Letter of Intent with Panera Bread the Petitioner's application is conditioned upon providing a drive - through for the restaurant. The drive - through restaurant will be part of a proposed outlot building between the two (2) entrances into Randhurst Village along Elmhurst Road. Panera Bread will occupy four thousand (4,000) square feet, about sixty (60) percent, of the proposed outlot building. On August 25 the Planning and Zoning Commission conducted a public hearing to review the Petitioner's request for an admendment to the Planned Unit Development to allow a drive - through restaurant. The case was continued to September 22 the petitioner submitted two (2) site plans. Site Plan A — with a by -pass lane and Site Plan B — without a by -pass lane. As proposed, Site Plan B includes a drive - through lane, without a by -pass lane, with a width of fourteen (14) feet and a sixteen and one half (16.5) feet landscape area along Elmhurst Road. The landscaping will block drive - through lights from the homes on west side of Elmhurst Road. The Planning and Zoning Commission recommended approval of the admendment to the Planned Unit Development as illustrated by Site Plan B by a vote of 4 -0. Mr. Rich Yaras, Petitioner, provided additional background information relating to the request. • Panera Bread has shown interest in this site, commitment contingent on drive - through access. • Worked with engineering to address drive - through traffic. • Project includes enhanced landscaping. • Site Plan B includes compromises between staff, Planning and Zoning Commission and the Petitioner. In response to questions regarding the purpose of the by -pass lane Mr. Yaras, Petitioner, stated the by -pass lane allows room for customers who would like to leave the drive - through lane without ordering. Village Board Comments • Landscape design allows for commuters on Elmhurst Road to see the restaurant. • The ordinance does not identify the approved Site Plan. The ordinance should be amended to reflect Site Plan B. Mr. Yaras stated the landscaping will not affect the visibility of signs and a third (3 sign will be placed on the south side of the building. Mr. Cooney stated the sign on the south side complies with Village Code. Trustee Juracek, seconded by Trustee Hoefert, moved to amend the prosposed ordinance as follows: Section Two (2) Item one (1) to read, "Development of the site in general accordance with Site Plan B." Minutes of the Regular Meeting of the Mayor and Board of Trustees of the Village of Mount Prospect October 4, 2011 Page 4 of 7 Trustee Polit objected to the only exit from handicap parking was in the opposing direction of drive - through traffic. Upon roll call: Ayes: Hoefert, Juracek, Korn, Matuszak, Zadel Nays: Polit Motion carried. In response to questions from the Village Board Mr. Yaras provided the following; • Handicap parking stalls are placed in the most convenient location; • The drive - through traffic will not cause accessibility issues to the handicap parking stalls. • Does not see a potential conflict with a two (2) way parking lot. • The building was designed small to make room for the drive - through. Trustee Zadel, seconded by Trustee Juracek, moved to waive the rule requiring two (2) readings of an ordinance: Upon roll call: Ayes: Hoefert, Juracek, Korn, Matuszak, Polit, Zadel Nays: None Motion carried. Trustee Zadel, seconded by Trustee Juracek, moved for approval of Ordinance No. 5879: AN ORDINANCE PROVIDING FOR AN AMENDMENT TO THAT CONDITIONAL USE FOUND IN ORDINANCE NO. 5705 FOR THE RANDHURST VILLAGE PLANNED UNIT (PUD) DEVELOPMENT TO ALLOW FOR A DRIVE - THROUGH ORD 5879 RESTAURANT FOR PROPERTY LOCATED AT 999 NORTH ELMHURST ROAD, MOUNT PROSPECT, ILLINOIS Upon roll call: Ayes: Hoefert, Juracek, Korn, Matuszak, Zadel Nays: Polit AMEND CHAPTER 8 (VILLAGE GOVERNMENT MISCELLANEOUS PROVISIONS) REGARDING BUSINESS DISTRICT RETAILERS' OCCUPATION AND SERVICE OCCUPATION TAXES FOR BUSINESS DISTRICT NO. 1 Motion carried. B. An ordinance amending Chapter 8 (Village Government Miscellaneous Provisions) of the Village Code for implementation of a Business District Sales Tax for Randhurst Business District No. 1. Mayor Wilks presented for a first (1 reading an ordinance amending Chapter 8 (Village Government Miscellaneous Provisions) of the Mount Prospect Village Code, regarding business district retailer's occupation and service occupation taxes for Business District No. 1. Community Development Director William Cooney stated the Village Board adopted the original ordinance back in December 2009. The Finance Director submitted the documents to the Illinois Department of Revenue but the request was rejected. The Village needs to reword the original ordinance, (Ord. 5781, 12 -15- 2009), for the Illinois Department of Revenue to recognize the request. Trustee Matuszak, seconded by Trustee Zadel, moved to waive the rule requiring two (2) readings of an ordinance: Upon roll call: Ayes: Nays Motion carried. Hoefert, Juracek, Korn, Matuszak, Polit, Zadel None Minutes of the Regular Meeting October 4, 2011 of the Mayor and Board of Trustees of the Village of Mount Prospect Page 5 of 7 Trustee Hoefert, seconded by Trustee Polit, moved for approval of Ordinance No. 5880: ORD 5880 AN ORDINANCE AMENDING CHAPTER 8 OF THE MOUNT PROSPECT VILLAGE CODE, REGARDING BUSINESS DISTRICT RETAILER'S OCCUPATION AND SERVICE OCCUPATION TAXES FOR BUSINESS DISTRICT NO. 1 Upon roll call: Ayes: Hoefert, Juracek, Korn, Matuszak, Polit, Zadel Nays: None Motion carried. INTERGOVERN- C. Motion to authorize the Village President to issue a letter of acknowledgement to the MENTAL Prospect Heights Park District and Prospect Heights Library District regarding the ten (10) AGREEMENT FOR year extension of the Intergovernmental Agreement (IGA) for the sale of water. THE SALE OF WATER Mayor Wilks presented a motion for authorization to issue a letter of acknowledgement to the Prospect Heights Park District and Prospect Heights Library District regarding the ten (10) year extension of the Intergovernmental Agreement (IGA) for the sale of water. Under the IGA both districts have the right to exercise the ten (10) year extension option. Village Manager Janonis provided background information stating ten (10) years ago the Village signed an IGA for the sale of water to the Prospect Heights Park District and the Prospect Heights Library District. The IGA included a renewal clause for a ten (10) year exension. Village Attorney, Mr. Everette Hill, reviewed the agreement and indicated the the Village has the authority to approve the extension in accordance with the IGA. This motion memorializes the Prospect Heights Park District and the Prospect Heights Library District request to renew the IGA for another 10 years. Certified copies of the Prospect Heights Park District and Library meeting minutes authorizing the contract extension will be attached to the IGA. Village Board Comments • Prospect Heights Park District and the Prospect Heights Library District maintain good standing with the Village. • Support Village's ability to provide services to governmental agencies. Trustee Zadel, seconded by Trustee Polit, moved for approval of the, "Motion to authorize the Village President to issue a letter of acknowledgement to the Prospect Heights Park District and Prospect Heights Library District regarding the ten (10) year extension of the Intergovernmental Agreement (IGA) for the sale of water." Upon roll call: Ayes: Hoefert, Juracek, Korn, Matuszak, Polit, Zadel Nays: None Motion carried. MANAGER'S VILLAGE MANAGER'S REPORT REPORT A. Status Report: Village Manager Janonis announced the following events: -Coffee with Council — Village Hall Community Center October 8 th — 9 a.m. -Mount Prospect Downtown Merchants Association Fall Festival — Child Oriented (1 p.m. — 4 p.m.) and Oktoberfest (4 p.m. — 10:30 p.m.) Emerson Street and Busse Avenue October 15 Minutes of the Regular Meeting of the Mayor and Board of Trustees of the Village of Mount Prospect October 4, 2011 Page 6 of 7 -Tour of Randhurst in lieu of the Committee of Whole Meeting October 11 th — 6:00 p.m. OTHER BUSINESS OTHER BUSINESS Trustee Korn stated the Mount Prospect Downtown Merchants Association Fall Festival and Oktoberfest are free Trustee Polit stated the opening video to the Village Board meeting has an incorrect end date for the Mount Prospect Lions Club Farmers' Market. The Farmers' Market last day is Sunday, October 23, 2011. Mayor Wilks stated on the last day of the Farmers' Market there will be a special collection for the food pantry. In response to questions regarding new businesses Village Manager Janonis stated Emerson Ale House will open by the end of this week. CLOSED SESSION CLOSED SESSION Mayor Wilks asked for a motion to enter Closed Session to discuss: LITIGATION 5 ILCS 120/2 (c) (11) — Litigation, when an action against, affecting or on behalf of the particular public body has been filed and is pending before a court of administrative tribunal, or when the public body finds that an action is probable or imminent, in which case the basis for the finding shall be recorded and entered in the minutes of the closed meeting. Trustee Zadel, seconded by Trustee Polit, moved to meet in Closed Session to discuss LITIGATION 5 ILCS 120/2 (c) (11). Upon roll call: Ayes: Hoefert, Juracek, Korn, Matuszak, Polit, Zadel Nays: None Motion carried. The Village Board entered Closed Session at 8:14 p.m. ADJOURN ADJOURN The Village reconvened in Open Session at 9:30 p.m.; there being no further business to discuss the October 4, 2011 Village Board meeting adjourned at 9:30 p.m. Alexander Bertolucci Intern — Office of the Village Clerk Minutes of the Regular Meeting of the Mayor and Board of Trustees of the Village of Mount Prospect October 4, 2011 Page 7 of 7