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Home My WebLink About2. DRAFT MINUTES 02/20/2007 MINUTES OF THE REGULAR MEETING OF THE MA VOR AND BOARD OF TRUSTEES OF THE VILLAGE OF MOUNT PROSPECT February 20, 2007 CALL TO ORDER Mayor Irvana Wilks called the meeting to order at 7:09 p.m. ROLL CALL Present: Mayor Irvana Wilks Trustee Timothy Corcoran Trustee Paul Hoefert Trustee John Korn Trustee Richard Lohrstorfer Trustee Michaele Skowron Trustee Michael Zadel PLEDGE PLEDGE OF ALLEGIANCE Mayor Wilks led the Pledge of Allegiance. INVOCATION INVOCATION Trustee Zadel gave the Invocation. MINUTES APPROVAL OF MINUTES Trustee Zadel asked that the minutes be corrected to reflect his absence from the February 6, 2007 Village Board meeting. Trustee Hoefert, seconded by Trustee Skowron, moved to approve the minutes as corrected of the regular Village Board meeting held February 6, 2007. Upon roll call: Ayes: Abstain: Nays: Motion carried. Corcoran, Hoefert, Korn, Lohrstorfer, Skowron Zadel None APPROVE BILLS APPROVE BILLS AND FINANCIALS & FINANCIALS Mayor Wilks stated the next item on the agenda, "APPROVE BILLS AND FINANCIALS" 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 MA VOR'S REPORT REPORT Mayor Wilks read a proclamation recognizing March 2007 as Athletic Training Month. Mr. Dave Jerbi, Prospect High School Athletic Trainer, accepted and thanked the Mayor and Village Board for the proclamation. APPOINTMENTS APPOINTMENTS None. CITIZENS TO BE COMMUNICATIONS AND PETITIONS - CITIZENS TO BE HEARD HEARD Several members from the Village of Mount Prospect business community associated with local establishments affected by the new smoking ban regulations were in attendance. Individuals addressing the Village Board and their comments follow: Mr. Tom Schamberg Mrs. P and Me · Village ordinance impacts smaller businesses like Mrs. P and Me that cannot afford to make conversions for the lounge exemption under the Village's ordinance, which prohibits smoking in certain public places. 1 CONSENT AGENDA APPROVE BILLS & FINANCIALS THIRD PARTY ADMINISTRATOR SHADE TREE FURNISHING & PLANTING OLD BUSINESS PZ-14-06, 1040 W. NW HIGHWAY · Prefer an ordinance that prohibits smoking in all establishments without the exemption; provides a level playing field · Anticipates a 25-30% financial loss from smoking ban · Grandfather clause for existing businesses · Other municipal smoking bans Mr. Paul Sakkos Artemis Restaurant · Smoking ban should not go into effect until a state-wide ban is in place. · Due to liquor license class Artemis is not eligible to apply for lounge exemption · Artemis will lose business to other communitiesNillage will lose tax revenue Mr. Tom Krausmann Famous Freddies Ala Carte Entertainment · Acknowledged the time and approach the Village Board took in crafting the ordinance; encouraged input from local establishments · Offered assistance to Mrs. P and Me in making the necessary conversion to qualify for lounge exemption. The Village Board and Village Manager Janonis responded to the comments and questions from the business representatives. · The Village encouraged input from local establishments during discussions of a smoking ban; only a few participated in the process. · Strong support for total smoking ban in community. · Establishments with a liquor license that does not qualify for lounge exemption could apply for qualifying liquor license if the business meets Village requirements for a lounge. · No business is exempt from new public smoking ban ordinance; no grandfather clause. · State-wide ban would provide a level playing field for businesses. Village of Mount Prospect worked to develop a compromise to help businesses affected by ban; lounge exemption. · Businesses may develop new "non-smoking" customer base. Mayor Wilks recognized Michael Delahanty, Boy Scout Troop 235 who was in attendance as part of the requirements for his Eagle Merit badge. CONSENT AGENDA Trustee Hoefert, seconded by Trustee Korn, moved to approve the following business items: 1. Bills dated February 01-14,2007 2. Financial Report dated January 1-31,2007 3. Request for Village Board approval to accept proposal for a third-party administrator (TPA) for the Village's workers compensation insurance program in an amount not to exceed $22,300. 4. Request for Village Board approval to accept bids for Shade Tree Furnishing and Planting in an amount not to exceed $199,225. Upon roll call: Ayes: Nays: Corcoran, Hoefert, Korn, Lohrstorfer, Skowron, Zadel None Motion carried. OLD BUSINESS Mayor Wilks stated the Petitioner for PZ-14-06, 1040 W. Northwest Highway had requested a deferral of the second (2nd) reading for (1) an ordinance amending the official zoning map of the Village and (2) an ordinance granting a conditional use permit and variation for the property until the March 6, 2007 Village Board meeting. 2 CHAPTER 18 (TRAFFIC) OF THE VILLAGE CODE NEW BUSINESS AMEND CHAPTER 8, ARTICLE 8, REAL ESTATE TRANSFER TAX ORD NO. 5616 Trustee Lohrstorfer, seconded by Trustee Skowron, moved to approve the Petitioner's request to defer the second (2nd) reading of (1) an ordinance amending the official zoning map of the Village and (2) an ordinance granting a conditional use permit and variation for the property until the March 6, 2007 Village Board meeting. Upon roll call: Ayes: Nays: Corcoran, Hoefert, Korn, Lohrstorfer, Skowron, Zadel None Motion carried. Mayor Wilks stated that as noted on the Agenda the Village Board had approved (February 6, 2007 Village Board meeting) deferral of the second (2nd) reading of an ordinance to amend Chapter 18 (Traffic) of the Village Code until the March 6, 2007 Village Board meeting. NEW BUSINESS Mayor Wilks presented for a first (1st) reading an ordinance amending Chapter 8 (Village Government Miscellaneous; Provisions), Article 8, "Real Estate Transfer Tax" of the Village Code. Finance Director Dave Erb provided background information and stated this ordinance: (1) tightens criteria for persons eligible for a tax rebate on the purchase of a second subsequent residence within the Village and reduces the period in which a person is entitled to the rebate from two (2) years to one (1) year (2) adds language preventing rental and investment properties from becoming eligible for the rebate (3) eliminates language for treatment of court ordered transfers Mr. Erb also reviewed an administrative policy that would narrow the Village's interpretation of consideration with respect to real estate transfers to be consistent with the state law on real estate transfers. He noted that most real estate transfer tax ordinances do not tax intra-family real estate transactions when no money is exchanged. In response to a question regarding inclusion of the transfer tax amount in the text of the ordinance, Village Manager Janonis stated the transfer tax amount was also appropriately cited in Appendix A, Division II; Fees, Rates and Taxes of the Village Code. Trustee Hoefert, seconded by Trustee Skowron, moved to waive the rule requiring two (2) readings of an ordinance: Upon roll call: Ayes: Corcoran, Hoefert, Korn, Lohrstorfer, Skowron, Zadel Nays: None Motion carried. Trustee Hoefert, seconded by Trustee Korn, moved for approval of Ordinance No. 5616: AN ORDINANCE TO AMEND CHAPTER 8, ARTICLE 8 OF THE THE VILLAGE CODE FOR REAL ESTATE TRANSFER TAX Upon roll call: Ayes: Nays: Corcoran, Hoefert, Korn, Lohrstorfer, Skowron, Zadel None Motion carried. 3 MANAGER'S REPORT OTHER BUSINESS CLOSED SESSION RECONVENE ADJOURN VILLAGE MANAGER'S REPORT Village Manager Janonis stated the Mount Prospect Chamber of Commerce was hosting a Candidate's Forum; February 24, 2007 from 9:00 a.m.- noon in the Village Hall Board Room. He added the Candidate's Forum would also be televised. OTHER BUSINESS Trustee Hoefert commented on a letter the Village received from a resident of another community after the recent snowstorm. The individual complimented the Public Works Department for its outstanding snow removal operation and road conditions. The Village Board also expressed their appreciation for the dedicated efforts of the Public Works Department. CLOSED SESSION Mayor Wilks asked for a motion to enter Closed Session to discuss the following items: PERSONNEL 5 ILCS 120/2 (c) (1) - The appointment, employment, compensation, discipline, performance, or dismissal of specific employees of the public body, including hearing testimony on a complaint lodged against an employee to determine its validity. PERSONNEL 5 ILCS 120/2 (c) (2) - Collective negotiating matters between the public body and its employees or their representatives, or deliberations concerning salary schedules for one or more classes or employees. Trustee Hoefert, seconded by Trustee Zadel, moved to meet in Closed Session to discuss Personnel 5 ILCS 120/2 (c) (1) and Personnel 5 ILCS 120/2 (c) (2). Upon roll call: Ayes: Corcoran, Hoefert, Korn, Lohrstorfer, Skowron, Zadel Nays: None Motion carried. The Village Board entered Closed Session at 8:00 p.m. RECONVENE The Village Board reconvened in Open Session at 8:38 p.m. ADJOURN There being no further business the Village Board meeting of February 20, 2007 adjourned at 8:39 p.m. M. Lisa Angell Village Clerk 4