HomeMy WebLinkAbout2. DRAFT MINUTES 12/05/06
MINUTES OF THE REGULAR MEETING OF
THE MAYOR AND BOARD OF TRUSTEES
OF THE VILLAGE OF MOUNT PROSPECT
December 5, 2006
CALL TO ORDER Mayor Irvana Wilks called the meeting to order at 7:08 p.m.
ROLL CALL
Present:
Mayor Irvana Wilks
Trustee Timothy Corcoran
Trustee Paul Hoefert
Trustee John Korn
Trustee Lohrstorfer
Trustee Michaele Skowron
Trustee Michael Zadel
PLEDGE
PLEDGE OF ALLEGIANCE
Trustee Corcoran led the Pledge of Allegiance.
INVOCATION
INVOCATION
Mayor Wilks gave the Invocation.
MINUTES
APPROVAL OF MINUTES
Trustee Korn, seconded by Trustee Zadel, moved to approve the minutes of the
regular meeting held November 21, 2006.
Upon roll call: Ayes:
Nays:
Corcoran, Hoefert, Korn, Lohrstorfer, Skowron, Zadel
None
Motion carried.
APPROVE BILLS APPROVE BILLS
Mayor Wilks stated the next item on the agenda, "APPROVE BILLS" was noted by
an asterisk, and all items further listed in that manner would be considered with one
(1) vote, as business item "IX. CONSENT AGENDA"
MAYOR'S MAYOR'S REPORT
REPORT Mayor Wilks presented the Resolution for the 2006 Holiday Season.
HOLIDAY Trustee Zadel, seconded by Trustee Skowron, moved to approve Resolution
SEASON No. 53-06:
RES 53-06 A RESOLUTION FOR THE HOLIDAY SEASON
Upon roll call: Ayes: Corcoran, Hoefert, Korn, Lohrstorfer, Skowron, Zadel
Nays: None
Motion carried.
NATIONAL DRUNK
AND DRUGGED
DRIVING MONTH
Mayor Wilks presented a proclamation recognizing "National Drunk and Drugged
Driving (3D) Prevention Month," December 2006.
APPOINTMENTS
APPOINTMENTS
None.
CITIZENS TO BE
HEARD
COMMUNICATIONS AND PETITIONS - CITIZENS TO BE HEARD
Mr. Robert Kawalek
700 South Can Dota
Mr. Kawalek expressed his dissatisfaction with the Village's snow plowing
operations. He believes the amount of snow pushed into his drive-way every year
during snow removal is excessive and unnecessary. Mr. Kawalek acknowledged
the difficult task of clearing the snow but ask the Village Board's assistance in
implementing a plowing method to minimize the amount of snow left in his drive.
CONSENT
AGENDA
BILLS
NEIGHBORHOOD
TRAFFIC SIGNS
TRAFFIC SIGNAL
MAINTENANCE
OLD BUSINESS
PROHIBIT
SMOKING IN
CERTAIN AREAS
OF THE VILLAGE
Village Manager Michael Janonis stated he was also in receipt of Mr. Kawalek's
letter regarding this matter, and would be discussing Mr. Kawalek's concerns with
the Public Works Director.
CONSENT AGENDA
Trustee Hoefert, seconded by Trustee Skowron, moved to approve the following
business items:
1. Bills, dated November 16 - 29, 2006
2. Request Village Board approval to accept bid for Neighborhood Traffic
Sign project, Zones 7 and 13 construction contract in an amount not to
exceed $26,939.
3. Request Village Board approval of 2007 Traffic Signal Maintenance
contract in an amount not to exceed $56,550.
OLD BUSINESS
Mayor Wilks presented for a 2nd reading an ordinance prohibiting smoking in all
public places and places of employment in the Village. Mayor Wilks stated after
receiving a motion and second, the ordinance would be open for discussion
including language to amend the ordinance.
Trustee Hoefert, seconded by Trustee Corcoran, moved to approve the ordinance
prohibiting smoking in certain areas in the Village of Mount Prospect.
Motions to amend the ordinance were presented as follows:
1. Trustee Zadel made a motion to amend Section 19.803. DEFINITIONS, Public
Usage Property, item 3. to change bus stops to bus shelters.
(3) Any property owned or used by any public transportation agency including, but
not limited to train stations, platforms, parking lots and bus stops bus shelters.
2. Trustee Zadel moved to amend Section 19.803. DEFINITIONS, Public Usage
Property, by deleting item 4.:
(4) Any out-doo." oating 3rea to which the public is invited.
3. Trustee Lohrstorfer moved to amend Section 19.903. DEFINITIONS, Public
Usage Property, item 3. by removing parking lots.
(3) Any property owned or used by any public transportation agency including, but
not limited to train stations, platforms, parking fots and bus shelters.
4. Trustee Korn moved to amend Section 19.802 SMOKING PROHIBITED, item
B. to increase the distance for smoking outside a building from fifteen (15') to
twenty-five (25') feet.
B. Within fifteen (15; twenty-five (25; feet of a door, window or within fift.eon (15;
twenty-five (25; of a ventilation air intake of any Enclosed Area.
5. Trustee Korn moved to amend Section 19.803, DEFINITIONS, Private Dwelling
Unit Space by adding the word condominium to the first sentence.
Any premises intended for and used as actual living space, including but not limited
to home, apartment, condominium, retirement home, group home and nursing
home living quarters.
Trustee Korn moved to amend Section 19.803, DEFINITIONS, Enclosed Area, item
C. to include language requiring a heating, ventilation and air conditioning (HVAC)
system separate from the rest of the premises for designated smoking rooms.
(C) A hotel or motel room designated as "smoking" is not included in this definition
and this Article VIIf shall not apply; provided that no more than twenty (20%)
percent of the available rooms for rent in any single building may be designated a
smoking rooms.
Each designated smoking rooms shall have a heating, ventilation and air
conditioning (HV AC) separate from the rest of the premises.
6. Trustee Korn moved to amend Section 19.808, PENAL TV, to include language
quantifying the time period in which the three (3) violations must occur.
7. Trustee Corcoran moved to amend Section 19.803 DEFINITIONS, Enclosed
Area by deleting item D.:
(D) A lounge or bar 3rea of any business holding a Mount Prospect CI3SS 1\, 8, E,
M, S, S1, or T liquor license, is not included in this definition and this I\rticle VII'
prohibition shall not apply t-o such lounges or bar areas, provided each of the
f-ollowing conditions 3re met....
8. Trustee Corcoran, added that should the amendment deleting item D. fail, he
would like to amend Section 19.803 DEFINITIONS, Enclosed Area, by adding
language to item 0.3 requiring an equal portion of the lounge or bar area be
designated smoke free.
9. Mayor Wilks moved to amend Section 3 by changing the effective date.
Section 3: This ordinance shall be in full force and effect on tho 61st day March
15, 2007 after it is signed by the Mayor.
Before continuing with the Village Board's discussion and vote of the proposed
amendments Mayor Wilks opened the discussion to comments from the audience.
The following comments were shared by individuals in attendance.
· Dr. Marty Boyer
504 Frankie Court, Prospect Heights
Dr. Boyer spoke on the hazards of tobacco and second-hand smoke.
Stating tobacco is the leading cause of premature deaths in the United
States he encouraged the Village Board to protect the health of citizens and
prohibit public smoking.
· Ms. Maggie Osborne
American Cancer Society, Arlington Heights
Ms. Osborne stated only a 100% smoke free environment would protect
patrons and employees from second-hand smoke. She encouraged the
Village Board to remove exemptions that allow smoking and become a
smoke free community.
· Mr. Jim Pappas
PAPS Sports Bar and Grill
Mr. Pappas stated his business is willing to do whatever is required to
operate under the proposed exemption. He stated that he would support a
state-wide ban but a community based prohibition unfairly impacts his and
other local businesses. He will lose customers to nearby communities that
do not have similar smoking bans.
· Mr. Thomas Krausmann
Famous Freddies
Mr. Krausmann stated his business was also willing to do whatever is
required to operate under the proposed exemption. He believes there are
enough non-smoking establishments that people are not forced to go to
smoking environments; there should be a few establishments where people
are allowed to smoke.
· Mr. Jeff Martinez
Bogies Ale House
Mr. Martinez stated he supported the ordinance with the exemption but was
concerned with the proposed amendment to increase the distance for
smoking outside a building from fifteen (15') to twenty-five (25') feet. He
indicated that the increase to twenty-five (25') would eliminate smoking in
outdoor eating areas.
The business owners were asked by members of the Village Board if they would
still go to the expense to comply with the exemption knowing (1) the State is
looking at implementing smoke free regulations and (2) local elections could alter
whatever action the current Board takes on this issue.
Mr. Pappas responded that he would proceed with plans to meet requirements for
the exemption because when or if the state will take action is uncertain. He could
lose a lot of business during that time.
As there were no further comments from members of the audience the Village
Board returned to the discussion and vote of the proposed amendments.
1. Trustee Zadel motion to amend Section 19.803. DEFINITIONS, Public Usage
Property, item (3).
Any property owned or used by any public transportation agency
including, but not limited to train stations, platforms, parking lots and bus
stops bus shelters.
By general consensus the Village Board agreed to change the language as
proposed by Trustee Zadel.
2. Trustee Zadel (motion), Trustee Korn (second), amend Section 19.803.
DEFINITIONS, Public Usage Property, by deleting item 4:
Any outdoor eating area to which the public is invit~d.
Noting such a ban would impact facilities such as the Mount Prospect Golf
Course the Village Board discussed the pros and cons effecting patrons and
businesses by prohibiting smoking in outdoor eating areas.
Upon roll call: Ayes: Korn, Lohrstorfer, Wilks, Zadel
Nays: Corcoran, Hoefert, Skowron
Motion carried.
3. Trustee Lohrstorfer (motion), Trustee Zadel (second), amend Section 19.903.
DEFINITIONS, Public Usage Property, item (3) by removing, parking lots:
Any property owned or used by any public transportation agency
including, but not limited to train stations, platforms, parking lets and bus
shelters.
The Village Board's discussion focused on enforcement issues with a smoking
ban in a public usage parking lot(s).
Upon roll call: Ayes: Hoefert, Korn, Lohrstorfer, Zadel
Nays: Corcoran, Skowron
Motion carried.
As part of that discussion, it was suggested the language in item (2) under Public
Usage, other non-residential parking facility, also be amended.
4. Trustee Zadel (motion), Trustee Lohrstorfer (second) to amend Section 19.903.
Definitions, Public Usage Property, item (2).
Any public parking garage or othor Ron ro&icJentkll parking facility
Municipal parking garage;
Upon roll call: Ayes: Hoefert, Korn, Lohrstorfer, Zadel
Nays: Corcoran, Skowron
Motion carried.
5. Trustee Korn motion to amend Section 19.802 SMOKING PROHIBITED by
increasing the distance from fifteen (15') to twenty-five (25') feet.
Following a brief discussion of the required distance Trustee Korn withdrew his
amendment to increase the distance from fifteen (15') to twenty-five (25') feet.
6. Trustee Korn (motion) to amend Section 19.803, DEFINITIONS, Private
Dwelling Space by adding condominium to the description of private dwelling
space.
There was a general consensus that the existing language was inclusive of all
types of housing.
Motion failed due to lack of a second.
7. Trustee Korn (motion), Trustee Corcoran (second) to amend Section 19.803,
DEFINITIONS, Enclosed Area, item C.
In consideration of the ventilation standards bars and lounges must meet under
the exemption, the Village Board discussed requiring hotels and motels with
smoking rooms be held to the same ventilation regulations. It was noted that
each designated smoking room would be required to have its own HVAC
system.
Add language to item C. designated hotel and motel smoking rooms
shall each have their own heating, ventilation and air conditioning (HVAC)
system separate from the rest of the premises.
Upon roll call: Ayes: Corcoran, Hoefert, Korn, Lohrstorfer, Skowron, Zadel
Nays: None
Motion carried.
8. In response to Trustee Korn's motion to amendment of Section 19.808, Penalty
to specify violation period, Mayor Wilks clarified the penalty process. The
ordinance states after three (3) violations the Village may commence
revocation proceedings. Similar to the process for liquor license violations, the
Village would consider all factors including time frame in which violations occur
before proceeding.
Trustee Korn withdrew the motion.
9. Trustee Corcoran (motion), Trustee Skowron (second) to amend Section
19.803, DEFINITIONS, Enclosed Area, delete item D. in its entirety.
Village Board members shared comments specific to the removal of the
exemption to allow smoking in bars and lounges that comply with Village
regulations.
Not withstanding the health issues, Trustee Corcoran questioned the significant
financial investments local businesses will be making to comply with the
exemption when state action and/or the next local election could void any and
all exemptions.
Trustee Hoefert noted the overwhelming support from residents have smoke-
free community.
NEW BUSINESS
Trustee Skowron stated this ordinance is a health issue and noted the number of
lives lost annually due to smoking.
Trustee Lohrstorfer shared a report from the Mount Prospect Youth Commission
that demonstrated the success of one business that has designated a smoke-free
day for its patrons. Allowing businesses to determine a smoking policy based on
customer demand is an effective approach to restrict smoking without government
intervention.
Upon roll call:
Ayes: Corcoran, Hoefert, Skowron
Nays: Korn, Lohrstorfer, Wilks, Zadel
Motion failed.
10. Trustee Corcoran (motion), Trustee Skowron (second) to amend Section
19.803, DEFINITIONS, Enclosed Area, item D. 3 to include language requiring,
that an equal portion of the lounge or bar area be designated smoke free.
As part of the Village Board's discussion of the amended language, Village
Manager Michael Janonis stated consideration must also be given to the liquor
license class of each of the establishments. Some establishments may not be
able to comply with exemptions.
There was also discussion pertaining to the requirement of an equal portion
having to be designated smoke free.
Trustee Corcoran amended the language to read, a portion of the lounge or
bar area be designated smoke free.
Upon roll call:
Ayes: Corcoran, Hoefert, Korn, Lohrstorfer, Skowron
Nays: Zadel
Motion carried
11. Mayor Wilks (motion) to amend Section 3.
Section 3: This ordinance shall be in full force and effect on March 15, 2007.
Mayor Wilks stated there may be an issue with the Village's passage of the
ordinance prior to Cook County's effective date of March 15, 2007. A
clarification of the County's ordinance will be made regarding those businesses
that are seeking an exemption but due to the time element may not be able to
comply by March 15, 2007.
By general consensus the Village Board agreed to change the effective date to
March 15, 2007.
Mayor Wilks stated the second reading of the ordinance with amendments to
prohibit smoking in certain areas in the Village of Mount Prospect was deferred until
the December 19, 2006 Village Board meeting.
Mr. Jeff Martinez, Bogies shared his concerns with the fifteen (15') foot smoking
distance from buildings, specifically how it will impact outdoor eating areas and
patrons who violate the regulations.
The Village Manager stated additional clarification would be made regarding a
building entrance and an establishment's good faith effort to comply with the
regulations would be considered when a patron is in violation of the ordinance.
NEW BUSINESS
Mayor Wilks opened the public hearing for the 2006 property tax levy at 9:00 pm.
It was noted that notice of the public hearing was published in The Daily Herald on
November 27, 2006.
PUBLIC
HEARING
2006 PROPERTY
TAX LEVY
LEVY AND
COLLECTION OF
TAXES
SPECIAL
SERVICES AREA
#5
TAX
ABATEMENT
Finance Director David Erb stated staff recommend a net Village tax levy of
$13,506,574, an increase of 2.51% over the prior year. He added the Mount
Prospect Library Board had approved their tax levy request of $7,734,065, a 4.26%
increase over the 2005 levy.
There being no additional comments the public hearing was closed at 9:07 p.m.
The following ordinances were presented for a first reading:
AN ORDINANCE AUTHORIZING THE LEVY AND COLLECTION
OF TAXES FOR THE CORPORATE AND MUNICIPAL PURPOSES
OF THE VILLAGE OF MOUNT PROSPECT, ILLINOIS FOR THE
FISCAL YEAR BEGINNING JANUARY 1, 2006 AND ENDING
DECEMBER 31, 2006
AN ORDINANCE AUTHORIZING THE LEVY AND COLLECTION OF
TAXES FOR THE MUNICIPAL PURPOSES OF SPECIAL SERVICE
AREA NUMBER FIVE OF THE VILLAGE OF MOUNT PROSPECT,
ILLINOIS FOR THE FISCAL YEAR BEGINNING JANUARY 1, 2006
AND ENDING DECEMBER 31, 2006
AN ORDINANCE TO ABATE A PART OF THE TAXES LEVIED
FOR CORPORATE AND MUNICIPAL PURPOSES OF THE
VILLAGE OF MOUNT PROSPECT, ILLINOIS FOR THEFISCAL
YEAR BEGINNING JANUARY 1, 2006 AND ENDING DECEMBER 31,
2006.
Mayor Wilks stated the ordinances would stand for a second reading at the
December 19, 2006 Village Board meeting.
Mayor Wilks presented for a first reading of an ordinance to adopt the Village's
2007 ANNUAL 2007 annual budget. A Public Hearing for the 2007 Budget will be held at the
BUDGET December 19, 2006 Village Board meeting.
Mayor Wilks presented for a 1 sl reading an ordinance authorizing advanced
LIBRARY BONDS refunding of library bonds.
ORD 5596
FEE IN LIEU OF
STORM WATER
DETENTION
Trustee Hoefert, seconded by Trustee Lohrstorfer, moved to waive the rule
requiring two (2) readings of an ordinance:
Upon roll:
Ayes: Corcoran, Hoefert, Korn, Lohrstorfer, Skowron, Zadel
Nays: None
Motion carried.
Trustee Hoefert, seconded by Trustee Zadel, moved for approval of Ordinance No.
5596:
AN ORDINANCE AUTHORIZING ADVANCED REFUNDING
OF LIBRARY BONDS
Upon roll call: Ayes: Corcoran, Hoefert, Korn, Lohrstorfer, Skowron, Zadel
Nays: None
Motion carried.
Mayor Wilks presented for a first (1sl) reading an ordinance amending Chapter 16
and Appendix A, Division II of the Village Code.
Community Development Director William Cooney provided background information
regarding staff's recommendation for a fee in lieu of storm water detention. The
ordinance establishes a process that will give Staff an option, which can be applied
to certain projects to provide storm water benefits without the necessity of
constructing detention facilities on sites where it would be impractical and
ineffective.
PARKING
RESTRICTIONS
ORD 5597
HANDICAP
PARKING
PENALTIES AND
FINES
ORD 5598
MANAGER'S
REPORT
COFFEE WITH
COUNCIL
In response to a question from the Village Board, Mr. Cooney stated the ordinance
would not apply to sheds.
Mayor Wilks stated a second reading of the ordinance would be held at the
December 19, 2006 Village Board meeting.
Mayor Wilks presented for a 151 reading an ordinance amending Chapter 18 (Traffic)
of the Village Code.
Project Engineer Matt Lawrie provided background information regarding the
amendments to include parking restrictions on portions of Eastwood Avenue,
Elmhurst Avenue, Highland Street and Memory Lane near Prospect High School.
Mr. Lawrie stated that staff will continue to monitor Mount Prospect streets for
additional streets that may experience problems associated with student parking.
Trustee ladel, seconded by Trustee Lohrstorfer, moved to waive the rule requiring
two (2) readings of an ordinance:
Upon roll:
Ayes: Corcoran, Hoefert, Korn, Lohrstorfer, Skowron, ladel
Nays: None
Motion carried.
Trustee ladel, seconded by Trustee Lohrstorfer, moved for approval of Ordinance
No. 5597:
AN ORDINANCE AMENDING CHAPTER 18 (TRAFFIC)
OF THE VILLAGE CODE
Upon roll call: Ayes: Corcoran, Hoefert, Korn, Lohrstorfer, Skowron, ladel
Nays: None
Motion carried.
Mayor Wilks presented for a 1st reading an ordinance amending Appendix A,
Division III (Penalties and Fines) of the Village Code.
Village Manager Michael Janonis stated this ordinance increases the fine for
handicapped parking violations including the fraudulent use of a handicap parking
tag.
Trustee Hoefert, seconded by Trustee Lohrstorfer, moved to waive the rule
requiring two (2) readings of an ordinance:
Upon roll:
Ayes: Corcoran, Hoefert, Korn, Lohrstorfer, Skowron, ladel
Nays: None
Motion carried.
Trustee Hoefert, seconded by Trustee Lohrstorfer, moved for approval of Ordinance
No. 5598:
AN ORDINANCE AMENDING APPENDIX A, DIVISION III ENTITLED
"PENALTIES AND FINES" OF THE VILLAGE CODE
Upon roll call: Ayes: Corcoran, Hoefert, Korn, Lohrstorfer, Skowron, ladel
Nays: None
Motion carried.
VILLAGE MANAGER'S REPORT
Village Manager Michael Janonis announced Coffee with Council would be held
Saturday, December 9, 2006 from 9:00 to 11 :00 am in the Village Hall Community
Room.
OTHER
BUSINESS
WINTER PARADE
CLOSED
SESSION
ADJOURN
OTHER BUSINESS
Trustee Hoefert asked if the Village's cost have gone done with the use of LED
lights for the traffic signal maintenance contract. Village Manager Michael Janonis
stated he would have Public Works prepare a response.
Trustee Skowron thanked everyone who contributed to the success of the Village's
Winter Parade. The Village Board recognized the Public Works Department for
their snow removal efforts after the snowstorm last Friday.
CLOSED SESSION
As there were no items for discussion of Land Acquisition 5 ILCS 120/2 (c) (5) as
listed on the Agenda, Mayor Wilks stated there would be no Closed Session.
ADJOURN
Trustee Lohrstorfer, seconded by Trustee Zadel, moved to adjourn the December
5,2006 Village Board meeting at 9:18 p.m.
Upon roll call: Ayes: Corcoran, Hoefert, Korn, Lohrstorfer, Skowron, Zadel
Nays: None
Motion carried.
M. Lisa Angell
Village Clerk