HomeMy WebLinkAbout09/26/2006 COW minutes
MINUTES
COMMITTEE OF THE WHOLE
SEPTEMBER 26, 2006
I. CALL TO ORDER
The meeting was called to order at 7:08 p.m., in the Village Board Room of Village Hall,
50 South Emerson Street, by Mayor Irvana Wilks. Present at the meeting were:
Trustees Timothy Corcoran, Paul Hoefert, John Korn, Michaele Skowron and Michael
Zadel. Absent from the meeting was Trustee Richard Lohrstorfer. Staff members
present included: Village Manager Michael Janonis, Assistant Village Manager David
Strahl, Village Attorney Everette Hill, Public Works Director Glen Andler, Deputy Public
Works Director Sean Dorsey and Village Engineer Jeff Wulbecker.
II. MINUTES
Approval of Minutes of August 8, 2006. Motion made by Trustee Skowron and
Seconded by Trustee Zadel. Minutes were approved. Trustee Corcoran abstained.
Approval of Minutes of August 22, 2006. Motion made by Trustee Korn and Seconded
by Trustee Zadel. Minutes were approved. Mayor Wilks abstained.
III. CITIZENS TO BE HEARD
None.
Mayor Wilks stated that she wanted to move the ComEd Rate Hike discussion up on the
Agenda to follow the Smoking Regulations discussion. The Village Board concurred
with the change in the Agenda order.
IV. SMOKING REGULATIONS DISCUSSION
Village Manager Janonis stated this is the third discussion on this topic. He stated there
are two versions with different drafting styles presented for the Village Board's
consideration. The Village Board had suggested some additional exception language for
consideration which also is included for discussion purposes. He would like the Village
Board to provide direction to staff as to the intent of the regulations for Ordinance
drafting purposes.
Village Attorney Buzz Hill spoke. He provided an overview of the two different
Ordinances and the styles associated with each Ordinance. He stated one draft is
based on the model draft Ordinance of several other communities and the other draft is
similar to the style of Ordinances normally considered by the Village Board.
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Resident David Rowe spoke. He stated the language that is presented does not prohibit
outdoor smoking and would request consideration for such a definition.
Jim Pappas, co-owner of Papp's Bar and Grill, spoke. He stated he is concerned about
the difference in regulations with Des Plaines compared to Mount Prospect and the
possible impact upon his business. He stated the draft, as presented, would necessitate
a major economic investment and feels that the regulation as proposed is fair.
Madeline May, 621 South George, spoke. She stated she is also a community health
nurse and would support full regulation with cooperation with businesses.
Rick Russo, owner of EI Sombrero Restaurant spoke. He stated that he has seen the
table counts between smoking and non-smoking flip-flop over the years and would
support a separation of smoking areas from the restaurant.
David Rowe, spoke again. He stated that the two Ordinances are substantially different
and one significant difference that he would like to have addressed by the Board is the
smoking on the train platforms and transportation facilities. He also suggested
regulation of smoking in parks and a better definition of semi-enclosed areas.
General comments from Village Board members included the following items:
It was suggested that the Board define the intent of the regulation and allow staff to draft
the necessary language to support the intent. It was also suggested that the Village
should define an exception list for regulation. It was also noted that some physical
limitations may be present for some businesses to comply with the Ordinance for
separating smoking and non-smoking areas. A comment was made that a total ban
should be considered due to the exposure of smoke to employees in the businesses that
allow smoking.
Summary of the Intent for Requlation Consideration
. Smokinq in Enclosed Areas: Prohibited
. Smokinq in Outdoor Areas: Smoking prohibited within 15' around the
entrance of a building. Smoking would be prohibited in outdoor eating
areas. Smoking would be prohibited in bus stops and the Village
parking garage. Smoking prohibition on transportation platforms or
conveyance areas. (Tie vote).
. Smoking Allowed Based on Lounge Exception as Defined in Part 0 with
specific Liquor License Class designation: Tie vote
. Smoking Allowed as Defined in the Proposed Ordinance for hotel/motel
rooms. Tobacco store.
. Private residence.
. Smokinq Allowed in Desiqnated Smokinq Area Motion failed.
. Smokinq Allowed in Non-Public Business where all employees were
smokers: Motion failed.
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· Phase-in period for prohibition of smoking on impacted businesses would
be considered once proposed by staff.
Consensus of the Village Board was to ask staff to provide a recommended
Ordinance based on the intent as described previously and any areas that there
were tie votes to include in the Ordinance as prohibitions but identify them as
items which did not garner consensus at the time the draft Ordinance is
considered.
V. COM ED RATE HIKE
Deputy Public Works Director Sean Dorsey provided a general introduction as to the
projected increased electrical rates effective January 1, 2007. Mr. Dorsey provided an
overview of the electrical usage of the Village whereby the usage for the Village
operations is primarily dedicated to water pumping and streetlight use. He stated
ComEd recently has undertaken a reverse auction whereby electrical providers bid on
the amount of electrical power they can provide into the grid and ComEd would be the
transportation provider of the power. He projects the water and sewer electrical rates to
increase approximately 49% and the streetlight electrical cost to increase approximately
51 % which would bring the cost of streetlight electricity up to approximately $200,000
per year and water to approximately $90,000 per year. He stated there are options that
have been discussed including participation in an electrical cooperative whereby the
power needs are pooled and bid as a group. There also is an option for a separate bid
by the Village for its specific power or the Village can stay with ComEdo Any
consideration for power supply alternatives must be made by January 1, 2007 and such
alternatives would be in place for approximately 17 months from that date. Staff
recommendation is to consider participation in the electrical cooperative while
simultaneously submitting a separate bid for comparison purposes. The opportunity to
compare these two prices would potentially allow the Village to enjoy lower rates since
the ComEd rates are already published for January 1. He also stated that such a
recommendation would require timely Village Board action including authorization of the
Village Manager to enter into a contractual agreement due to a short turn-around time
and a Village Board Resolution to waive the bid process. Once the power rates are
provided to the Village the Village would have approximately 24 hours to either accept or
reject the rates, thereby, the need to authorize the Village Manager to enter into a
contractual agreement on a short-term basis.
Consensus of the Village Board was to support the staff recommendation as
proposed.
VI. PROPOSED DEVELOPMENT CODE MODIFICATIONS/FEE IN LIEU OF
STORMWATER DETENTION
Village Engineer Jeff Wulbecker stated this is a continuation of the discussion of
June 13, 2006. He stated staff would recommend the collection of a fee in lieu of storm
water detention for projects of limited scope in order to build adequate resources for
larger scale detention efforts which would be required due to the culmination of many
smaller projects. He stated the Village Board had asked the staff to survey surrounding
communities. A survey was prepared by the Northwest Municipal Conference of which
18 surveys were received with seven municipalities considering such a change and five
municipalities having already implemented such a modification.
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Mr. Wulbecker outlined the conditions for the fee in lieu of storm water detention. Such
conditions include the following:
1. Detention would be required as per Code for the project under
consideration.
2. The relief would be allowed by the Village Engineer if such detention was
impractical and was on less than one acre. He is suggesting a fee based
on the square footage of impervious surface. Development projects less
than one acre would be assessed a $2.00 per square foot of impervious
surface rate. This would apply to projects that trigger the Development
Code including:
1) All commercial/industrial/multi-family developments.
2) Additions greater than 25% of the existing building footprint to
any commercial/industrial/institutional or multi-family
development.
3) Parking lot expansions greater than 50% of the existing lot to
any commercial/industrial/institutional or multi-family
development.
4) Single-family developments involving two or more units. The
fee would apply to residential improvements at $.50 per
square foot of impervious surface. Examples of projects that
the fee would apply to include:
a. Single-family new homes including teardowns and
rebuilds.
b. Single-family home building additions.
c. Single-family garages.
He stated the proposed fee would generate approximately $350 for a typical detached
garage, approximately $200 for a typical building addition and between $2,000 and
$5,000 for a typical new home. The fee would be collected at the time the permit is
issued and the fee would be consolidated with other fees from other such developments
and used for detention projects to benefit the smaller projects on a consolidated basis.
The fee could be used for maintenance of basins, expansion of basins, relief storm
sewers, flood control projects, combined sewer improvements and drain way
improvements. He stated that once the Village Board provided the necessary direction,
a draft could go to the Planning and Zoning Commission on October 26 for approval and
forwarded to the Village Board for consideration in November of 2006.
General comments from the Village Board members included the following items:
There was a proposal that any money collected from a specific geographic area should
be spent in that same area. It was also suggested that the fee only apply to areas with
increased impact.
Village Manager Janonis stated that the proposal is not intended as a revenue generator
because a single home improvement would have minimal impact, however, the
cumulative effect of the teardown and rebuild phenomenon would have an effect for
which these funds would be utilized to rectify. This proposal is suggested as a proactive
approach.
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Richard Bonderovich spoke. He had suggested this program for consideration by the
Village staff and Village Board based on his experience of developing four homes in
Mount Prospect.
Consensus of the Village Board was to move forward with the staff proposal to the
appropriate Planning and Zoning Commission meeting and ultimately additional
discussion with the Village Board.
VII. VILLAGE MANAGER'S REPORT
Village Manager Janonis stated the Family Bike Ride is October 14 and the Farmers'
Market is winding down for the season.
VIII. ANY OTHER BUSINESS
Mayor Wilks mentioned that the Historical Society has an upcoming event at the Mount
Prospect Public Library on October 7.
Trustee Hoefert requested Village Board consider a discussion on regulation of c1ear-
cutting of private trees after January 1.
Mayor Wilks stated she would be attending the Illinois Municipal League Conference.
IX. CLOSED SESSION
There was no Closed Session.
X. ADJOURNMENT
The meeting adjourned at 10:09 p.m.
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DAVID STRAHL
Assistant Village Manager
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