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HomeMy WebLinkAbout2. VB Minutes 08/19/2014MINUTES OF THE REGULAR MEETING OF THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT August 19, 2014 CALL TO ORDER Mayor Juracek called the meeting to order at 7:02 p.m, ROLL CALL Present: Mayor Arlene Juracek Trustee John Korn Trustee Matuszak Trustee Steven Polit Trustee Richard Rogers Trustee Michael Zadel Absent: Trustee Paul Hoefert PLEDGE OF PLEDGE OF ALLEGIANCE ALLEGIANCE Pledge of Allegiance led by Trustee Polit. INVOCATION INVOCATION Trustee Korn gave the Invocation.. MINUTES MINUTES Trustee Korn, seconded by Trustee Zadel, moved to approve the minutes of the regular Village Board meeting held August 5, 2014. Upon roll call: Ayes: Korn, Matuszak, Polit, Zadel Nays: None Abstain: Rogers Motion carried. FINANCIAL FINANCIAL REPORT AND APPROVE BILLS REPORT & Mayor Juracek stated the next item on the agenda, "FINANCIAL REPORT AND APPROVE APPROVE BILLS 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. Accolades None. AMEND CHAPTER B. 1st reading of An Ordinance Amending Chapter 13 (Alcoholic Liquor) of the Village Code 13 (ALCOHOLIC of Mount Prospect LIQUOR) OF THE VILLAGE CODE Mayor Juracek presented for a first (1st) reading an Ordinance Amending Chapter 13 (Alcoholic Liquors) of the Mount Prospect Village Code. This ordinance amends the Village Code by increasing the number of Class "F-1" liquor licenses by one (1), Fadadais 4, Inc., d/b/a Los Arcos, 1707 West Algonquin Road and increasing the number of Class "F-3" liquor licenses by one (1), Langostino's 92, Inc., d/b/a Langostino's, 1590 South Busse Road. Assistant Village Manager Dave Strahl stated the proposed ordinance reflects a change of ownership for Los Arcos and Langostino's. The purchase of the subject establishments by Porfirio Gomez and Maria Gonzalez is contingent upon approval of the liquor licenses. Mr. Gomez has extensive restaurant experience which includes management of two (2) Mount Prospect restaurants; Los Arcos since 1992 and the current Mariscos EI Veneno restaurant since 2009. The applicants have met all Village requirements including submittal of all documents and fees. The applicants met with Village Manager Janonis regarding the Village's liquor regulations and discussed the Village's particular sensitivity to the sale of alcohol to minors and over service to clearly intoxicated individuals. 1 of 5 Mr. Gomez, his wife Maria Gonzalez and their son David were in attendance. Trustee Zadel, seconded by Trustee Polit, moved to waive the rule requiring two (2) readings of an ordinance: Upon roll call: Ayes: Korn, Matuszak, Polit, Rogers, Zadel Nays: None Motion carried, Trustee Zadel, seconded by Trustee Korn, moved for approval of Ordinance No. 6150: ORD 6150 AN ORDINANCE AMENDING CHAPTER 13 (ALCOHOLIC LIQUORS) OF THE MOUNT PROSPECT VILLAGE CODE Upon roll call: Ayes: Korn, Matuszak, Polit, Rogers, Zadel Nays: None Motion carried. On behalf of the Village Board, Mayor Juracek wished Mr. Gomez and Ms. Gonzalez continued success with their restaurants. APPOINTMENTS APPOINTMENTS None. CITIZENS TO BE COMMUNICATIONS AND PETITIONS — CITIZENS TO BE HEARD HEARD None. CONSENT AGENDA CONSENT AGENDA Trustee Polit, seconded by Trustee Zadel, moved to approve the following business items: FINANCE REPORT 1. Monthly Financial Report — July 2014 & APPROVE BILLS 2. Bills dated July 31 —August 31, 2014 3. Motion to accept bid for 2014 storm sewer televising contract in an amount not to STORM SEWER Exceed $71,448.52. TELEVISING (VBA 4. Motion to approve purchase of a 2014 Chevy Express 4500 bus from Midwest Transit 37-14) Equipment under State of Illinois bid price (bus contract) in an amount not to exceed $49,970.75. 2014 CHEVY 5. Motion to accept bid for HVAC maintenance contract in an amount not to exceed EXPRESS BUS $47,326. (VBA 38-14) Upon roll call: Ayes: Korn, Matuszak, Polit, Rogers, Zadel HVAC (VBA 39-14) Nays: None Motion carried. OLD BUSINESS OLD BUSINESS None. NEW BUSINESS NEW BUSINESS A. PZ -21-14, 2806 Briarwood Drive West, Andrew Kalinowski PZ -21-14, 2806 1st reading of An Ordinance Granting a Variation (Overall Lot Coverage) for Property Located BRIARWOOD LANE at 2806 Briarwood Drive West. WEST Mayor Juracek presented for a first (1s) reading An Ordinance Granting a Variation (Overall Lot Coverage) for Property Located at 2806 Briarwood Drive West. The Planning and Zoning Commission denied the request at the July 24, 2014 Planning and Zoning Commission meeting by a 0-7 vote. The Petitioner is appealing the decision of the Planning and Zoning Commission and requesting Village Board Approval. Mayor Juracek added a super majority vote by the Village Board is required for approval; four (4) positive votes. 2of5 Community Development Director Bill Cooney provided background information stating the Petitioner is appealing the Planning and Zoning Commission's decision to deny a Variation request to allow an overall lot coverage of forty eight and seven hundredths percent (48.07%) for the property located at 2806 Briarwood Drive West. The Petitioner constructed a concrete block patio and wooden deck along the south property line, (abutting Lake Briarwood) without a permit.) The Petitioner subsequently applied for a building permit, but was denied the permit; the subject property exceeds the R-1 Single Family Residence District's lot coverage limitation by 292.2 square feet. The overall lot coverage measures 4,570.8 square feet (48.07% of the lot area); maximum of 4,278 square feet (45% of lot area) is permitted. Mr. Cooney provided exhibits of the work done without a permit; patio with fire place and wooden deck. Mr. and Mrs. Kalinowski, petitioners, were in attendance to provide additional information and respond to questions. Mrs. Kalinowksi read a statement summarizing the improvements made to the subject property including the permitted work for a new seawall and a sidewalk. She stated the seawall, located at the edge of the property line is needed to minimize further erosion on the property; property line is at water mark. She requested the Village Board approve the Variation request for overall lot coverage. Mayor Juracek stated the Village has no issue with the quality of work that was done. The issue is lot coverage not aesthetics. Lake Briarwood is a unique situation; requires careful consideration Mr. Kalinowski stated the subject property already exceeded lot coverage when the seawall and sidewalk were installed; both projects were done with building permits. He indicated the lot coverage does not impact his neighbor's property; the water goes into the lake. Mr. Kalinowski added it was a last minute decision to cover the seawall with wood — done as safety measure to also cover gravel and dirt. Mr. Kalinowski also showed dimensional drawings of seawall to Mr. Cooney. In response to questions from the Village Board, Mr. Cooney provided the following: ■ If the wooden deck was removed lot coverage would be in compliance; property is approximately 292 square feet over lot coverage allowance, deck is 317 square feet. ■ Concrete seawall is included in lot coverage: only look at concrete above grade. ■ First time seawall issue has been brought to his attention; not sure where Petitioner got dimensions, he had never seen the drawing. ■ Lake Briarwood was built as both an amenity and storm detention pond. ■ If deck is not included as part of lot coverage — petitioner would be in compliance of lot coverage regulation. Village Board Comments ■ Seawall/retaining wall small part of lot coverage. ■ Property line — edge of high water mark; seawall goes out further than property lot line. ■ Permeable seawall that has been covered to be impermeable. ■ To make an exception to the Village Code — Village Board looks for hardship. ■ Believes the Homeowner's Association has jurisdiction in this matter — deck encroaching on water beyond property line. ■ Water is going somewhere — affecting other properties somewhere. ■Lot may be too small for amount of lot coverage petitioner seeks. Public Comment Several members of the Lake Briarwood Homeowners Association were in attendance. The following is a list of Lake Briarwood Homeowners Association members who addressed the Village Board and a collective list of their comments. Mr. Les Kent — President, Lake Briarwood Homeowner's Association 2802 Briarwood West 3of5 Mr. Ron Schram - Treasurer, Lake Briarwood Homeowners Association 2721 Briarwood Drive West Ms. Judy Czurylo — Secretary, Lake Briarwood Homeowners Association 2711 Elayne Court ■ Petitioner has made property look great. ■ Believes petitioner stayed on property line with seawall ■ Talked to neighbors — no water issue. ■ When property originally built — builder had little concern for how far homeowners encroached on water. ■ Property defined by lake and street. Thinks homeowners have encroached on lake for many years. ■ Understands Village's concern regarding lot coverage. ■ Supports Petitioner's request. ■ Approximately 30% of Lake Briarwood properties have seawalls. ■ Sometimes exception to regulations is better than alternative. Mr, Kent also responded to several questions and provided background information regarding the Association's enforcement of their regulations stating the current Board works very hard to obtain compliance. Mr. Kalinowski responded to additional questions from the Village Board regarding the wooden deck, length of the seawall and establishing the property line. He reiterated he didn't think he needed another permit to cover the seawall. Trustee Rogers moved to waive the rule requiring two (2) readings of an ordinance. As there was no second (2nd) Trustee Rogers withdrew his motion. The Village Board conducted additional discussion and raised several questions relative to lot coverage, i.e. should body of water be part of lot coverage and property line of properties bordered by Lake Briarwood. There were also questions regarding Lake Briarwood itself as a retention basin and jurisdiction of that body of water. To provide clarity to both the drawings presented by Mr. Kalinowski and a visual of the existing lot coverage the Village requested the opportunity to make on-site inspection. Mr. Kalinowski stated the Village Board was welcome to look at his property; he asked to be contacted in advance. Mayor Juracek stated this matter would come before the Village Board for a second (2nd) reading in September. AMEND CHAPTER B. 1st reading of An Ordinance Amending Chapter 7, Sign Regulations of the Village Code of 7, SIGN Mount Prospect REGULATIONS OF THE VILLAGE Mayor Juracek presented for a first (18) reading An Ordinance Amending Chapter 7, Sign CODE Regulations of the Village Code of Mount Prospect. Housekeeping ordinance that reinserts G.5 to Section 7.205 G. "Banners." This item was inadvertently omitted from Ordinance No. 5750. Community Development Director Bill Cooney provided background information stating major revisions to Chapter 7 were made a few years ago, but it was only recently that staff realized this section regarding banners had been omitted. Since this language was approved in the rewrite presented to the Planning and Zoning Commission, Village Attorney Everett Hill indicated the Village Board's approval of the proposed ordinance would be the appropriate action, Trustee Zadel, seconded by Trustee Polit, moved to waive the rule requiring two (2) readings of an ordinance. Upon roll call: Ayes: Korn, Matuszak, Polit, Rogers, Zadel Nays: None Motion carried. 4of5 Trustee Korn, seconded by Trustee Matuszak, moved for approval of Ordinance No. 6151: ORD 615 AN ORDINANCE AMENDING CHAPTER 7, SIGN REGULATIONS OF THE VILLAGE CODE OF MOUNT PROSPECT Upon roll call: Ayes: Korn, Matuszak, Polit, Rogers, Zadel Nays: None Motion carried. MANAGER'S MANAGER'S REPORT REPORT A. Motion to accept bid for 2014 storm sewer televising contract in an amount not to exceed $71,448.52. Approved under the Consent Agenda. OTHER BUSINESS ADJOURN B. Motion to approve purchase of a 2014 Chevy Express 4500 bus from Midwest Transit Equipment under State of Illinois bid price (bus contract) in an amount not to exceed $49,970.75. Approved under the Consent Agenda. C. Motion to accept bid for HVAC maintenance contract in an amount not to exceed $47,326, Approved under the Consent Agenda. D. Status No report. OTHER BUSINESS None. ADJOURN There being no further business to discuss Mayor Juracek asked for a motion to adjourn. Trustee Zadel, seconded by Trustee Rogers, moved to adjourn the meeting. By unanimous vote the August 19, 2014 Village Board meeting adjourned at 8:15 p.m. 5 of 5 M. Lisa Angell Village Clerk