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Home My WebLink AboutJPZ - 11/19/1996 - UNDERAGE TOBACCO USE/NERGE DEVON REZONE/NEON SIGNS J yL ELK GROVE VILLAGE Judiciary, Planning & Zoning Committee November 19, 1996 Chernick Conference Room 7:00 p.m. JPZ Present: P. Rettberg, Chairman N. Czarnik J. Petri Staff: S. Niehaus, Administrative Assistant S. Trudan, Building Inspector supervisor M. Cavallini, Village Sanitarian L. Hammar, Deputy Police Chief Others: R. Broderick, Elk Grove High School L. Leneghan, Dearborn Construction C. Lucchese, Dearborn Construction Reporters: J. Davis, Daily Herald Underage Tobacco Use Chairperson Rettberg summarized the issue and reviewed the discussions of the Board of Health with the other members of the Committee. it was felt by the members of the Committee that the use and possession of tobacco by minors was a problem which should be • addressed.further in Elk Grove. Ray Broderick stated that Elk Grove High School has been successful in removing cigarette use from the school property but not in stopping students from smoking. Broderick stated that the high school is in the process of developing smoking education and cessation programs for students who get caught with tobacco on campus but that extra enforcement by the village would be helpful in curbing tobacco use. Upon further discussion, the consensus of the Committee was to recommend the following changes to the Municipal Code: - that Section 3-6B-4 Requirements and Restrictions of the Municipal Code be amended to prohibit the sale of tobacco by minors (17 years and under) ; - to include language in the Municipal Code which would hold the licensed tobacco dealer liable for selling cigarettes to minors similar to the language in the Woodridge ordinance (attached) ; and - to remove the position of Health officer from the list of Village employees authorized to enforce the tobacco ordinance. In addition, it was the consensus of the Committee to recommend the following staff activity: - to have the Police Department send a letter to each licensed tobacco dealer informing them of the revisions to the Municipal Code; - to notify the Northwest Municipal Conference(NWMC) of the Village's actions in an attempt to make this a regional - policy of all NWMC communities; and - to implement "sting-, inspections by the Police Department on an annual basis. Nerge/Devon Rezoning Niehaus stated that Dearborn Construction had gone through the Plan Commission public hearing process in October 1995 in an attempt to rezone a vacant parcel on Devon Avenue between the Monarch Car wash and the Exel Inn. At that time, it was the consensus of the Village Board to remand the petition back to the Plan Commission in order to address underlying zoning concerns regarding the existence of B-3 uses on B-2 zoned properties in the area of Devon Avenue and Nerge Road. Niehaus stated that Dearborn Construction had complied with the Village Board's request and compiled the necessary information to file a revised petition to rezone the entire property. Upon staff review, it was recommended that the rezoning petition be amended to remove two of the properties which contained B-2 uses as they did not require B-3 zoning (Nerge Shopping Center and the Dental Office) . In addition, staff comments indicated that a text amendment was needed to permit the Exel Inn as a conditional use in the B-3 zoned district. The Committee discussed the proposed text amendment and questioned if the language should be modified to accommodate the Exel Inn on Bonaventure Drive on Devon Avenue. Trudan stated that staff would investigate the issue and make a recommendation on the most appropriate language for the text amendment. Upon further discussion, the consensus of the Committee was as follows: - to recommend approval of a public hearing before the Plan Commission to consider rezoning of the entire property with the exception of the Nerge Shopping Center and Dental office properties; - to amend the petition to include text amendment language which would allow the Exel Inn as a conditional use; and - to have a letter prepared by staff and the Village Attorney to be sent to property owners/managers in the general area of the subject property indicating the purpose of the public hearing and the history of the property. For Sale/For Lease Signs Trudan stated that the Village had adopted revisions to the sign - ordinance in May 1996 which were directed at regulating the installation of "For Sale/For Lease" signs. This Ordinance went into effect in October of this year. As a result, Dearborn Construction's sign at the intersection of Meacham and Biesterfield (Shawnway Plaza) was found to be in violation of the revised ordinance. Leneghan stated that the revised language made it very difficult for him to install his lease signage and advertise his shopping center due to the restrictive space limitations included in the revised ordinance. Leneghan requested direction from the Committee on whether the ordinance could be amended or if he should seek a sign variation. Trudan stated that to his knowledge this location was the only one in the Village which failed to meet the conditions of the revised sign ordinance and that he felt an amendment to the language was unneccessary. However, Trudan stated that potential hardships did exist on the site which may warrant a sign variation. Upon further discussion, it was the consensus of the Committee to recommend that Dearborn Construction seek a sign variation for their sign at Meacham and Biesterfield. Staff will review Dearborn's sign variation request when plans are submitted and present it as a regular agenda item at a future Village Board meeting. Neon Signs The Committee viewed the existing "video Update" sign on Biesterfield Road and discussed several other neon signs throughout the Village. Upon discussion, the consensus of the Committee was as follows: - to table recommendation on the prohibition of neon signs to a later date so that the Committee could review more of the signs on the list prepared by the Engineering and Community Development Department; and - to have staff contact the NWMC and other communities to see if their sign ordinances prohibit any form of neon signage. The meeting adjourned at 9: 15 p.m. C: Chairperson and Members of JPZ Committee, President and Board of Trustees, village Clerk, Village Manager, Assistant Village Manager, Administrative Assistant, Administrative Intern, Director of Engineering/Community Development, Director of Public Works, Fire Chief, Deputy Fire Chief (2) , Assistant Fire Chief, Village Attorney OC1y 7-96 MON 9!27 AM VILL OF WOODRIDGE FAX NO, 1 17190021 P. 5 ORDINANCE NO. 89-15 WOODRIbO GAM%& A GE Page Four tising^tobacco products, or any employee or agent of any such licensee or_ person, i.i the course of such licensee' s or person' s business , to distribute, give away or deliver tobacco products free of charge to env person on any right-of-way, park, playground or other property owned by the village, anv school district, any park distzict or any public library. i Sec. 18A-12. Vending machines - locking devices . (a) It shall be unlawful for any licensee to sell or offer for sale, give away, deliver or to keel with the intention of j selling, giving away or delivering tobacco products by use of a vending machine, unless such vending machine is equipped 1 with a manual, electric or electronic locking device controlled by the licensee so as to prevent its operation by persons under the age of eighteen (18) years- (b) Any premises where access by Persons under the ace of eighteen (18) _years is Prohibited by law , df premises where tae public is Generally not permitted and where vendine machines are strictly for the use of emplovees of business located at such premises, shall be exempt from the ceauirements of Sec_.,_ 18A-12 (a) above_ I Sec. 18A-i3_ Responsibility for agents and employees . I i Every act or omission of whatsoever nature, constitutina a violation of env of the provisions of this Chapter by any officer, director, manager or other agent or employee of any licensee shell be deemed and held to be the act of such licensee; and such licensee shall be punishable in the same" manner as if such act or omission had been done or omitted by the licensee personally. ec. 18A-14 . Suspension; revocation of license; fines, costs. The mayor shall be charged with the administration of this Chapter. The mayor may suspend or revoke any license issued under the provisions of this- Chanter, if he determines that the licensee has violated any of the provisions of this Chapter_ In lieu of suspension or revocation of a license, the mayor may instead levy a fine on the licensee. The fine imposed shall not exceed five hundred dollars ($500) for each- violation- Each day on which a violation continues shall constitute a separate violation_ However, no such license shall be suspended or revoked and no licensee shall be fined except after a public hearing by the mayor with a seven (7) day written notice ,to the licensee affording the