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Home My WebLink About12/05/2006 VB minutes MINUTES OF THE REGULAR MEETING OF THE MAYOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT December 5, 2006 ROLL CALL CALL TO ORDER Mayor Irvana Wilks called the meeting to order at 7:08 p.m. Present: Mayor Irvana Wilks Trustee Timothy Corcoran Trustee Paul Hoefert Trustee John Korn Trustee Lohrstorfer Trustee Michaele Skowron Trustee Michael Zadel PLEDGE INVOCATION MINUTES ~ APPROVE BILLS MAYOR'S REPORT HOLIDAY SEASON RES 53-06 NATIONAL DRUNK AND DRUGGED DRIVING MONTH APPOINTMENTS CITIZENS TO BE HEARD PLEDGE OF ALLEGIANCE Trustee Corcoran led the Pledge of Allegiance. INVOCATION Mayor Wilks gave the Invocation. 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 MayOr Wilks stated the neXt item ori the ager'lda,"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 REPORT Mayor Wilks presented the Resolution for the 2006 Holiday Season. Trustee Zadel, seconded by Trustee Skowron, moved to approve Resolution No. 53-06: A RESOLUTION FOR THE HOLIDAY SEASON Mayor Wilks presented a proclamation recognizing "National Drunk and Drugged Driving (3D) Prevention Month," December 2006. APPOINTMENTS None. 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. Each designated smoking rooms shall have a heating, ventilation and air conditioning (HV AC) separate from the rest of the premises. f""'\ 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 area of any business holding a Mount Prospect Class A, 8, E, M, 8, 81, or T liquor license, is not included in this definition and this P,rtiole VIII prohibition shall not apply to suoh lounges or bar afeas, provided each of the following oonditions ar-e 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 mo'.'ed requested discussion to amend Section 3 by changing the effective date. Section 3: This ordinance shall be in full force and effect on the 618t 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 oomments from the audience. The following comments were shared by individuals in attendance. f""\ · 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 f""\ 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. Any public parking garage or other non residential parking faGility Municipal parking garage; r""'l 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. PUBLIC HEARING 2006 PROPERTY rTAX LEVY LEVY AND COLLECTION OF TAXES SPECIAL SERVICES AREA #5 TAX ABATEMENT ~, 2007 ANNUAL BUDGET LIBRARY BONDS ORD 5596 ~ FEE IN LIEU OF , ) STORM WATER DETENTION 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 THE FISCAL 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 budget. A Public Hearing for the 2007 Budget will be held at the December 19, 2006 Village Board meeting. Mayor Wilks presented for a 1st reading an ordinance authorizing advanced refunding of library bonds. 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 fora first (1st) reading an ordinance amending Chapter 16 and Appendix A, Division II of the Village Code. Community Development Director William Cooney provided background information regarding staffs 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 incffc,.ti"c OTHER BUSINESS f'"', WINTER PARADE CLOSED SESSION ADJOURN r"> 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. Y?~;,{/~ M. U~ Angell Village Clerk