Village of Bartlett Committee met Dec. 3.
Here is the minutes provided by the committee:
President Wallace called the Committee of the Whole meeting to order at 7:56 p.m.
PRESENT: Chairmen Camerer, Carbonaro, Deyne, Hopkins, Reinke and President Wallace
ABSENT: Chairman Gabrenya
ALSO PRESENT: Village Administrator Paula Schumacher, Assistant Village Administrator Scott Skrycki, Senior Management Analyst Samuel Hughes, Management Analyst Joey Dienberg, Finance Director Todd Dowden, Planning and Development Services Director Roberta Grill, Public Works Director Dan Dinges, Public Works Engineer Bob Allen, Building Director Brian Goralski, Golf Pro Phil Lenz, Police Chief Patrick Ullrich, Deputy Chief Geoff Pretkelis, Deputy Chief Jim Durbin, Village Attorney Bryan Mraz and Village Clerk Lorna Giless.
BUILDING & ZONING, CHAIRMAN HOPKINS
120 Live (120 W. Bartlett Avenue)
Planning and Development Services Director Roberta Grill stated that this is a proposal to establish a sit own restaurant with alcohol service in an existing building located at 120 W. Bartlett Ave. The site plan review includes creating a fenced outdoor seating area on the west side of the building. The interior of this building will be substantially renovated to create a sit down restaurant and entertainment area where activities such as karaoke will be offered. The petitioner is requesting a site plan review, special use permits to allow a restaurant with alcohol service, outdoor seating and live entertainment indoor and outdoor. They are also requesting variations to allow for the reduction of the required number of off street parking spaces, a reduction of the required open space and an increase in the maximum wall sign square foot allowance. The Zoning Board of Appeals (ZBA) reviewed the petitioners request and conducted the public hearing at their meeting on November 7th. The ZBA recommended approval of those requests. The Plan Commission reviewed the petitioners request for a site plan and special use permit and conducted a public hearing at their meeting on November 14th and they also recommended approval. They added an additional condition, which is designating an appropriate smoking area at the rear of the lot. To meet that, outdoor entertainment should end before 11:00 p.m. Monday through Saturday and before 10:00 p.m. on Sunday evenings which mirrors the current amplifier permit.
Chairman Deyne asked staff to explain the amplifier permit and how it relates to businesses.
Ms. Grill stated that it typically only applies to residents, not a business.
Chairman Deyne wished the petitioner luck and looks forward to their business opening. He has received numerous phone calls about the hours of operation for this business and wanted more information on what kind of entertainment would be at the establishment.
Dana Bollman, owner of 120 Live stated that they do not plan on having any sort of band, DJ or loud amplified music. If they have someone, they would have a guitarist or duet. They also plan on having sporting games available, but it wouldn’t be something that would cause a disturbance to anyone near them.
Chairman Deyne spoke about the pushback he is getting regarding the 11:00 p.m. hours. He is torn, because if people are watching a Monday night football game for instance, that will be on later than 10:00 p.m. so it would be difficult to close the patio at 10:00 p.m. He would like to see a compromise on the hours. If it was Sunday through Thursday until 10:00 p.m. and Friday and Saturday nights until 11:00 p.m., that would be more acceptable to the residents in the area. He thought T.V.’s could maybe be excluded from the 10:00 p.m. time restriction on occasion.
Ms. Bollman stated that they do not want to upset the neighbors, but also want to be competitive with other downtown businesses. She did not think it would be fair for them to be restricted and no one else be restricted.
Chairman Deyne stated that he is open on this issue, but he is sharing the feedback he has received. He wants to set a precedent for future businesses that have outside patios to make sure this is followed by everyone.
President Wallace asked the chief if we have had any complaints about Bracht’s Place.
Chief Ullrich stated that he didn’t think we have received any complaints, but they also don’t have amplification.
Ms. Grill stated that there is a difference between outdoor seating and live entertainment. They are two different things. Bracht’s has outdoor seating, but there is no entertainment, so it is completely different.
Chairman Camerer asked if any other businesses have a designated smoking area in the back of their properties.
Ms. Grill stated Moretti’s has one.
Chairman Camerer asked how close it was to residents.
Ms. Grill said pretty far, she was not sure on the exact distance.
Chairman Camerer stated that they would be closer to residents than Moretti’s is and that is concerning. People will have to worry about second hand smoke permeating into where they live if it is that close.
President Wallace stated the smoke can’t reach any of those houses. Ms. Grill stated that the closest house is 200 feet away.
Ms. Bollman stated that JC’s was concerned that people would be smoking out front and it would disturb their customers that were on the patio.
President Wallace stated that’s why Bracht’s added the back area because people were smoking out front of the strip mall.
Ms. Grill stated that this condition was suggested at the Plan Commission because they knew people are going to smoke and they didn’t want to put them out front by the restaurant patrons.
Chairman Deyne stated that maybe a compromise could be that the entertainment would end at 10:00 p.m. and the T.V.’s can stay on until 11:00 p.m.
President Wallace asked if there would be live entertainment outside during the weekdays.
Ms. Bollman stated that has not been decided. If there is a holiday like the 4th of July, they may, but if anything, it would be a guitarist or duet type of entertainer. They would not supply an amp for their entertainers to use.
President Wallace stated they could get the same special event permit that other bars and restaurants get for their special events. He stated he loved the plan and the site. The experience level of the owners is significant and he is excited for the project.
The item was forwarded on to the Village Board for a vote.
Establish Trailer/Semitrailer Storage Lots and Service Tax Text Amendment
Ms. Grill stated that recognizing the increase in logistic businesses and the rise of e- commerce, staff has received inquiries to establish trailer and semitrailer lots in the village. Currently we have one storage lot that was approved as part of an annexation agreement and we have one application that has been submitted for a second truck and trailer lot that is currently under review by the staff. Staff researched how other communities regulate these potentially impactful businesses and we have modeled the attached draft ordinance utilizing several regulations implemented by these other communities. Some of these regulations include establishing aesthetic controls such as making sure the parking lot is actually paved and that it is fenced/secured and is landscaped. It would establish a service tax of $300 per parking or storage space levied annually. It would establish licensing criteria for storage lot owners and allow trailer lots by special use in the I-1 and I-2 EDA zoning district. It was also limit the number of storage lots in the village to three and it would be prohibited in the commercial and public lands zoning districts.
President Wallace confirmed that instead of having a building on the land, the village can make revenue by charging up to $300 per parking space a year.
Ms. Grill stated that was correct and in five years it could go up to $500 per slot.
President Wallace asked if we wanted to have a building, built on the lot instead, do we have that flexibility.
Ms. Grill stated that was correct and that the application that will come before the board shortly is for a temporary use, it could be up to 10 years.
Chairman Carbonaro confirmed that they would have to pay an annual license as well. Ms. Grill stated that was correct.
President Wallace confirmed that there would be no overnight sleeping in the lots.
Ms. Grill stated that was correct.
Village Attorney Bryan Mraz stated that this is a regulation village-wide. It would not be applicable to the trailer park in Bluff City until their annexation agreement expires.
Ms. Grill stated that just to clarify, it does have to go to the ZBA for a public hearing. The item was forwarded onto the ZBA.
POLICE & HEALTH, CHAIRMAN CARBONARO
Request to Amend Cannabis-Related Ordinances
Deputy Chief Pretkelis stated the police department is requesting the village board to amend several of its cannabis related ordinances, especially in regards to loitering and drug related activities, product nuisance property, seizure impoundment and the commission of certain offense and cannabis and drug paraphernalia. In response to the cannabis regulation and tax act and recent trailer bill that followed, will go into effect January 1, 2020, allows adults 21 and older to legally possess, consume and purchase cannabis paraphernalia and certain amounts of cannabis with some exceptions. The police department is also recommending that the village board update certain penalties that were listed in Title 5, Chapter 3, to reflect the $750 fine or penalty that the administrative hearing officer can impose in Title 1, Chapter 15. The proposed amended ordinances were included in your board packet.
President Wallace stated that he knows the depth of research staff has put into this and he appreciated it.
This item was forwarded on for a vote at the Village Board.
President Wallace stated that the Committee will be adjourning to Executive Session to Discuss the Sale of Village Owned Property Pursuant to Section 2(C)6 of the Open Meetings Act. President Wallace moved to adjourn to Executive Session. That motion was moved by Chairman Camerer and seconded by Chairman Carbonaro.
ROLL CALL VOTE TO ADJOURN THE MEETING TO EXECUTIVE SESSION
AYES: Trustee Deyne, Hopkins, Reinke, Camerer, and Carbonaro
NAYS: None
ABSENT: Trustee Gabrenya
MOTION CARRIED
The meeting adjourned at 7:56 p.m.
President Wallace called the Committee of the Whole meeting to order at 8:20 p.m.
PRESENT: Trustee Camerer, Carbonaro, Deyne, Hopkins, Reinke and President Wallace
ABSENT: Trustee Gabrenya
President Wallace moved to adjourn the Committee of the Whole Meeting. That motion was moved by Chairman Reinke and seconded by Chairman Camerer.
ROLL CALL VOTE TO ADJOURN THE MEETING
AYES: Trustee Deyne, Hopkins, Reinke, Camerer, and Carbonaro
NAYS: None
ABSENT: Trustee Gabrenya
MOTION CARRIED
The meeting adjourned at 8:20 p.m.
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