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HomeMy WebLinkAbout2011-06-13 AgendaAGENDA VILLAGE OF MORTON GROVE MEETING OF THE BOARD OF TRUSTEES TO BE HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER June 13, 2011 7:00 pm 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Approval of Minutes – Regular Meeting of May 23, 2011 5. Special Reports a. Swearing-in Ceremony for Various Members of the Morton Grove Fire Department to be Presented by Fire and Police Commission Chairperson Mike Simkins: 1) Scott Exo – District Fire Chief 2) Mike Mitchell – Fire Lieutenant 3) Steven Martin – Firefighter/Paramedic b. Presentation by Mr. Edler, Edler Warehousing in Appreciation of the Village c. Plan Commission Case PC 11-02 requests a special use permit for a fitness facility at the address commonly known as 7300 Dempster to be presented by Plan Commission Chairperson Ron Farkas 6. Public Hearings 7. Residents’ Comments (agenda items only) 8. President’s Report – Administration, Northwest Municipal Conference, Council of Mayors, TIF Committee, Capital Projects, Real Estate Committee a. Commission/Board reappointments are requested as follows with terms ending December 31, 2012: Appearance Commission Deanna Gotta Appearance Commission William Zimmer Appearance Commission Gail Kachoyeanos Board of Environmental Health Abdul Sattar Board of Environmental Health Joseph O’Shea Natural Resources Commission Mary Bush Natural Resources Commission Grant Gilbert Natural Resources Commission Sharon Erickson Natural Resources Commission Sylvia Jurians 8. President’s Report (continued) a. Commission/Board reappointments are requested as follows with terms ending December 31, 2012: (continued) Cable and Telecommunications Commission Karim Chatriwala Economic Development Commission Karen Johnson Economic Development Commission Janine Marie Witko Economic Development Commission George Alpogianis Fire and Police Commission Mike Simkins Police Pension Board Joseph Hedrick b. Requesting confirmation of the appointment of Grant Gilbert and Mary Busch as Vice- Chairpersons of the Natural Resources Commission for the remainder of 2011 c. Ordinance 11-25 (Introduced June 13, 2011) (First Reading) Amending Title 4, Chapter 3, Section 9 Entitled Liquor Control of the Municipal Code of the Village Of Morton Grove 9. Clerk’s Report – Legal, Cable and Telecommunications Commission 10. Staff Reports a. Village Administrator 1) Reminder of the Waukegan Road and Lehigh/Ferris Tax Increment Financing Districts Joint Review Board Meetings will begin at 10:00 am on June 28, 2011, Trustees’ Conference Room, Village Hall, 6101 Capulina Avenue. 2) Presentation by Police Chief Mark Erickson regarding the Animal Control Ordinance and the upcoming Cook County Rabies Vaccination and Microchip Event 3) Miscellaneous Reports and Updates b. Corporation Counsel 11. Reports by Trustees a. Trustee DiMaria – Fire Department, Emergency Management Agency, RED Center, NIPSTA, Police and Fire Commission (Trustee Grear) b. Trustee Gomberg – Police Department, Environmental Health, Police and Fire Commission, IT Communications (Trustee Marcus) 1) Ordinance 11-15 (Introduced May 23, 2011) (Second Reading) Amending Title 6, Chapter 1, Section 2 of the Village of Morton Grove Municipal Code Entitled Offenses Against Property 2) Ordinance 11-16 (Introduced May 23, 2011) (Second Reading) Amending Title 1, Chapter 4, Section 2 of the Village of Morton Grove Municipal Code Entitled Monetary Penalties and Fines for Specific Violations and Offenses 3) Ordinance 11-17 (Introduced May 23, 2011) (Second Reading) Amending Title 5, Chapter 1 of the Village of Morton Grove Municipal Code Entitled Traffic Administration and Enforcement 11. Reports by Trustees (continued) a. Trustee Gomberg (continued) 4) Ordinance 11-18 (Introduced May 23, 2011) (Second Reading) Amending a Section of Title 5, Chapter 8, Section 4 of the Village of Morton Grove Municipal Code Entitled Prohibited Equipment or Condition 5) Ordinance 11-19 (Introduced May 23, 2011) (Second Reading) Amending Title 6, Chapter 4, Entitled Animal Control of the Village of Morton Grove Municipal Code 6) Ordinance 11-20 (Introduced June 13, 2011) (First Reading) Amending Title 5, Chapter 7 of the Municipal Code Entitled Abandoned, Inoperable, Hazardous, and Unlawful Vehicles c. Trustee Grear – Community and Economic Development Department, Chamber of Commerce, Waukegan Road TIF Review, Lehigh/Ferris TIF Review, Dempster Street Corridor Plan, Real Estate Committee, Comprehensive Plan, Economic Development (Trustee DiMaria) d. Trustee Marcus – Public Works Department, Condominium Association, Community Relations Commission, Solid Waste Agency of Northern Cook County, Natural Resource Commission, Traffic Safety Commission (Trustee Thill) 1) Ordinance 11-22 (Introduced June 13, 2011) (First Reading) Establishing the Prevailing Rate of Wages for Laborers, Mechanics and Other Workers in the Village Employed in Performing Construction of Public Works for the Village 2) Ordinance 11-24 (Introduced June 13, 2011) (First Reading) Amending Title 5, Chapter 13, Article F, Section 4 entitled “Restricted Parking Streets” of the Municipal Code e. Trustee Thill – Building Department, Appearance Commission, Capital Projects, Plan Commission/Zoning Board of Appeals (Trustee Toth) 1) Ordinance 11-23 (Introduced June 13, 2011) (First Reading) Granting a Special Use Permit to Allow a Physical Fitness Facility at the Property Located at 7300 Dempster f. Trustee Toth – Finance Department, Finance Advisory Commission, Northwest Municipal Conference, Advisory Commission on Aging, Family and Senior Services Department (Trustee Gomberg) 12. Other Business 13. Presentation of Warrants - $611,691.58 14. Residents’ Comments 15. Executive Session – Personnel Matters, Labor Negotiations, Pending Litigation, and Real Estate 16. Adjournment - To ensure full accessibility and equal participation for all interested citizens, individuals with disabilities who plan to attend and who require certain accommodations in order to observe and/or participate in this meeting, or who have questions regarding the accessibility of these facilities, are requested to contact Susan or Marlene (847/470 -5220) promptly to allow the Village to make reasonable accommodations. Respectfully submitted: ____________________________________ Joseph F. Wade, Village Administrator Prepared and Reviewed by:________________________________________ Teresa Hoffman Liston, Corporation Counsel Legislative Summary Ordinance 11-25 AMENDING TITLE 4, CHAPTER 3, SECTION 9 ENTITLED LIQUOR CONTROL OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE Introduced: June 13, 2011 Synopsis: This ordinance amends and updates to Title 4, Chapter 3 to allow Class C license holders to obtain a Class H license at a reduced fee. Purpose: To add a provision to Title 4 Chapter 3 to allow Class C license holders to obtain a Class H license for $1,250.00. Background: The Village President, in his capacity as the Local Liquor Control Commissioner, directed staff to review and update the Village’s liquor control ordinance. Village staff and especially Corporation Counsel’s office therefore proposes Title 4, Chapter 3 of the Municipal Code be updated to include the following revisions: The annual fee for a class H license held by a Class A, Class C or Class E shall be $1,250.00 (previously this reduced rate is allowed only for class A and class E license holders). Programs, Departs or Groups Affected Liquor Control Commission, Village Administrator, Police Department, Finance Department, Legal Department Fiscal Impact: The adjustment will have a minimal impact on the Village’s finances. Source of Funds: Not applicable Workload Impact: The implementation of this ordinance will be performed by the Village President, the Morton Grove Police Department, Finance Department, and Legal Department. Admin Recommend: Approval as presented Second Reading: Required – Code Amendment Special Consider or Require: None ORDINANCE 11-25 AN ORDINANCE AMENDING TITLE 4, CHAPTER 3, SECTIONS 9 ENTITLED LIQUOR CONTROL OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village is continuously reviewing and as it deems necessary updating existing Municipal Codes (Code) to assure they are kept current and relevant; and WHEREAS, Village staff and especially Corporation Counsel’s office is proposing Title 4, Chapter 3 of the Municipal Code be updated to include the following revisions: The annual fee for a class H license held by a class C shall be $1,250.00 (previously this reduced rate is allowed only for class A and class E license holders). WHEREAS, the proposed amendment is in the Village’s best interest. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: Title 4, Chapter 3, Section 9 entitled License Classifications and Fees and License Application respectively are hereby amended to read as follows: 4-3-9: LICENSE CLASSIFICATIONS AND FEES: A. Licenses shall be divided into the following classes: 1. Class A, full liquor: Licenses which shall authorize the retail sale on the premises specified of alcoholic liquors for consumption on said premises, and package sales for consumption off the premises where sold. 2. Class B, beer/wine: Licenses which shall authorize the retail sale of beer and wine for consumption only on the premises specified. 3. Class C, club consumption on premises: Licenses which shall authorize the retail sale of alcoholic liquors for consumption only on the premises in any "club", as defined in this chapter. 4. Class D, full package sale: Licenses which shall authorize the retail sale of alcoholic liquors, only in original packages for consumption off the premises and not for consumption on the premises where sold. 5. Class E, restaurant full liquor: Licenses issued only to restaurants as defined in this chapter which shall authorize the retail sale of alcoholic liquor for consumption only on the premises and only when such sale is incidental to the sale and service of food eaten on the premises. It shall be unlawful for any holder of a class E license to sell or give alcoholic liquor to a patron who does not also order food. 6. Class F, food/specialty stores, full package sale: Licenses which shall authorize the retail sale of alcoholic liquors, only in original packages for consumption off the premises at an establishment where the principal business is groceries or drug store items, and is not the sale of alcoholic liquor or gasoline. A Class F license issued prior to January 1, 2011, to a licensee whose principal business is the sale of gasoline may be renewed if the licensee qualifies for said license in all other respects. 7. Class G, special event: Licenses which shall authorize the retail sale of alcoholic liquor only for consumption on the premises for special events as defined by this chapter. 8. Class H, caterers full liquor: Licenses which shall authorize the sale of alcoholic liquors for consumption on the premises where served and limited to invited guests at private functions. Such licenses shall be issued only to caterers as defined by this chapter and having a current Morton Grove business license. Catering establishments holding class H licenses must have food service available when liquor is being served. 9. Class I, caterers beer/wine: Licenses which shall authorize the sale of beer and wine for consumption on the premises where served and limited to invited guests at private functions. Such licenses shall be issued only to caterers as defined by this chapter and having a current Morton Grove business license. Catering establishments holding class I licenses must have food service available when beer and wine are being served. 10. Class J, temporary off premises: Licenses which shall authorize a holder of a class A, B, C or E license to sell alcohol (or for a class B license holder to sell beer and wine) for consumption at a designated premises other than the licensee's licensed premises for a specific period not to exceed three (3) days. 11. Class K temporary tasting permit: License which shall authorize a holder of a class A, B, D, E or F license to provide small quantity samplings of alcoholic liquor for on-premise tasting purposes only in conjunction with a sales promotional effort. Said permit shall not exceed more than a six (6) hour period, and no more than one (1) permit per week shall be issued to any licensee. All such tastings must take place in a designated area of the licensed premise and shall be supervised by a person who has completed an alcohol sales and service training program pursuant to Section 4-3-14 (I) of this Code. B. All application, investigation, fingerprinting and annual license fees shall be paid at the filing of the application. If a new license (other than a class J or K license) is applied for after October 1, the first year's annual fee shall be reduced by fifty percent (50%). In the event a license is not issued, any annual license fee prepaid with an application shall be refunded to the applicant less a one hundred dollar ($100.00) processing fee. All application and investigation fees shall be retained by the Village regardless of whether or not the person is granted a license. C. No more than the maximum number of licenses set forth below shall be issued for any class of licenses. Each applicant for a license shall pay the fees set forth below: Class Application Fee Investigation/ Fingerprint Fee Annual Fee Maximum Number Of Licenses Which May Be Issued Class A, full liquor $1,000 .00 Village's actual out of pocket costs $2,750 .00 15 Class B, beer/ wine 1,000 .00 Village's actual out of pocket costs 2,500 .00 15 Class C, club/ consumption on premises 250 .00 Village's actual out of pocket costs 1,000 .00 4 Class D, full package sale 1,000 .00 Village's actual out of pocket costs 3,500 .00 10 Class E, restaurant, full liquor 1,000 .00 Village's actual out of pocket costs 2,750 .00 20 Class F, food/specialty stores, full package sale 1,000 .00 Village's actual out of pocket costs 2,500 .00 15 Class G, special event 0 .00 Village's actual out of pocket costs 0 .00 3 for any location at the same time; minimum 5 per organization per year Class H, caterers, full liquor 250 .00 Village's actual out of pocket costs 2,500 .001 5 Class I, caterers, beer/wine 250 .00 Village's actual out of pocket costs 1,000 .00 5 Class J, temporary off premises 0 .00 Village's actual out of pocket costs 50 .00 per day 6 per year per licensee Class K temporary tasting permit 0.00 Village's actual out of pocket costs 50 .00 per day 1 per week per licensee Note: 1. The annual fee for a class H license held by the same licensee holding a class A, class C or class E license shall be $1,250.00. (Ord. 06-20, 6-12-2006) SECTION 3: The terms and conditions of this ordinance shall be severable and if any section, term, provision, or condition is found to be invalid or unenforceable by any reason by a court of competent jurisdiction, the remaining sections, terms, provisions, and conditions, shall remain in full force and effect. SECTION 4: In the event this ordinance or any code amendment herein is in conflict with any statute, ordinance, or resolution or part thereof, the amendments in this ordinance shall be controlling and shall supersede all other statutes, ordinances, or resolutions but only to the extent of such conflict. Except as amended in this ordinance, all chapters and sections of the Village of Morton Grove Village Code are hereby restated, readopted, and shall remain in full force and effect. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this 13th day of June 2011. Trustee DiMaria ______________________ Trustee Gomberg ______________________ Trustee Grear ______________________ Trustee Marcus ______________________ Trustee Thill ______________________ Trustee Toth ______________________ APPROVED by me this 14th day of June 2011. ______________________________ Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office this 14th day of June 2011. ___________________________________ Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois M:\legislative\ordinances\2011\4-3-9 Liquor Control June, 2011.doc