CALLED TO ORDER BY Mayor David F. Schmidt at 7:30 p.m.

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1 JOURNAL OF THE PROCEEDINGS OF THE REGULAR MEETING OF THE CITY COUNCIL OF THE CITY OF PARK RIDGE, ILLINOIS PARK RIDGE CITY HALL COUNCIL CHAMBERS 505 BUTLER PLACE PARK RIDGE, ILLINOIS SEPTEMBER 21, 2009 CALLED TO ORDER BY Mayor David F. Schmidt at 7:30 p.m. ROLL CALL City Clerk Henneman read the roll call and the following Elected Officials indicated their presence at the meeting: Ald. Sweeney, DiPietro, Bach, Allegretti, Ryan, Carey, Wsol and Mayor Schmidt There was a quorum. Those present at the meeting pledged allegiance to the United States flag. APPROVAL OF MINUTES Ald. Bach moved approval of the September 8, 2009 regular City Council Meeting minutes. Motion seconded. On voice vote, motion carried. CONSENT AGENDA* Mayor Schmidt read the following consent agenda items into the record: MAYOR Proclamation Live United Week PROCEDURES AND REGULATIONS COMMITTEE First reading of modifications to the Liquor Ordinance to allow the sale of package goods at drug stores PUBLIC WORKS COMMITTEE Approval to prohibit parking from 8AM to 10AM on both sides of Avondale Avenue, from Park Plaine to dead end, Resident Permit Excepted Approval of the purchase of Bulk Rock Salt - $296,000 Approval of the contract for Water Installation Service on Elliott Street - $47,875 First reading of Ordinance modifying Article 5, Chapter 11, Sections 1, 3, and 4 of the Municipal Code regarding a reduction in weed height First reading of Ordinance modifying Article 5, Chapter 12, Section 9 of the Municipal Code regarding hours of refuse containers on City parkways FINANCE AND BUDGET Approve warrants, reviewed by Ald. Wsol, for the period ending September 15, 2009 in the amount of $1,698, Final approval of Ordinance that modifies section of the Municipal Code, increasing the meter parking charge from $.10 per hour to $.25 per hour. Final approval of Ordinance that modifies section of the Municipal Code, increasing the fine for Group A Violations from $25 to $50. 1

2 REPORTS OF CITY OFFICIALS MAYOR Mayor Schmidt read the following Resolution and Proclamations: Resolution Robert Kaderabek; in recognition of his dedicated service to the City since February, 1971 Ald. Bach moved to approve Resolution Motion seconded. On voice vote, motion carried. Proclamation Park Ridge Community Fund, October, 2009; presented to Carol DeLorin, recognizing October as Feed the Pot month in Park Ridge to kick off the annual campaign Proclamation - National Alcohol & Drug Addiction Recovery Month, September 2009; presented to Cheryll De Young, recognizing this year s theme, Join the Voices for Recovery; Together We Learn, Together We Heal Presentation of Beautification Awards Park Ridge Garden Club Mayor Schmidt disclosed he was a Garden Club member. Paulette Carrion, president of the Garden Club assisted Mayor Schmidt in the presentation of the awards and yard signs. The following residents were recognized for making their homes and landscape the most attractive in the City: Jeannine & Rolando Esparza 221 Lake LaDonna Taylor & David Duffy 243 Imperial John & Lisa Burke 315 W. Cuttriss Sharon & Gene Whitehorn 404 S. Lincoln Jim & Patti Kelly 406 W. Cuttriss Kathleen Bruno 501 S. Western Allen & Kathy Giedraitis 815 Shibley Joseph Buszydlo 1302 Grove Agnes Bayraktarov 304 S. Cumberland Mark Douglas 1416 S. Fairview Linda Krol 1200 Granville Vista Del Lago Condominium Association was also recognized as a business submission. Rosemary Rigali accepted the award on the Association s behalf. Recognition of Shaun Coyle by Police Chief Kaminski Chief Kaminski recited a quote made by President Obama at one of his speeches. It is a request for each person to have a duty to themselves, their nation and their world. Chief Kaminski recognized Louis Mills and Gerald Carpenter for assisting the police in two separate incidents. Also recognized was resident Shaun Coyle who reported to the police, his finding of a gun and sweatshirt in a dumpster near his home. He secured the items until police arrived. His actions assisted the Park Ridge Police and FBI in apprehending the Pooh bandit who robbed a local bank. Coyle received a Letter of Appreciation from Chief Kaminski. Mayor Schmidt read an anonymous letter (to protect the victim and sensitivity of the case) that he recently received commending the Park Ridge Police and Fire Department for their outstanding performance. The writer specifically recognized Police Officers McEwen, Cruz, Koller, Kearns, Taylor and Detective Ware. Mayor Schmidt announced that he received a letter from Cook County Sheriff Dart s Office stating that applications are available for submitting nominees for the 22 nd Annual Sheriff s Youth Service Medal of Honor Awards. Mayor Schmidt asked Ald. Ryan to pass along the information to the local school districts and that anyone with questions should contact Deputy Clerk Peterson. 2

3 Mayor Schmidt announced his attendance at a recent ONCC Technical Committee Sub- Committee for Navigation Procedures meeting. After quoting the Open Meetings Act, Mayor Schmidt was allowed to videotape the aforementioned meeting. Mayor Schmidt said the video covers history of the O Hare Expansion and demonstrates what lies ahead for the City in terms of dealing with the airport expansion. The first Park Ridge O Hare Commission meeting is scheduled for Wednesday, September 23, Mayor Schmidt said he attended the Falcons Homecoming Day held on Saturday, September 19, 2009 at Hinkley Park. He recognized the special talents demonstrated by the 9-12 year old football players and cheerleaders. He said it comes as no surprise that the City s high-school students are top athletic performers. CITY COUNCIL Ald. Wsol announced that Police Chief Kaminski, Ald. DiPietro and the Niles Police Department arranged to hold a Crime Stoppers Community Awareness meeting on Wednesday, October 7, The meeting will be held at Franklin School with the intent to stop crime and vandalism against the elderly that has been occurring on the 1400 block of Parkside for the last seven years. Ald. Wsol said many various youth groups would be distributing flyers to area residents urging their attendance. Ald. Bach thanked Mayor Schmidt for his persistence at the previously mentioned ONCC meeting and his ability to get the meeting videotaped. Ald. Bach recognized Mayor Schmidt for working on behalf of the citizens of the community directly affected by the disruption of the airplanes. CITY MANAGER City Manager Hock introduced Mr. Shlomo Crandus, President of the Library Board of Trustees. He provided the Council with an Annual Report of the Park Ridge Library (via power point presentation). Mr. Crandus introduced board members, Dick Van Metre, Margaret Harrison, John Benka and Pat Lofthouse. He shared a wealth of information, including but not limited to: the amount of library users and cardholders; circulation amounts of various items; regular and special needs programs; evaluation of space needs; computer information technology; strategic planning; and the rewrite of the Library s vision and mission statements. City Manager Hock requested a motion to discuss his evaluation and: Adjourn to Executive Session to discuss the appointment, employment, compensation, discipline, performance or dismissal of specific employee(s) pursuant to 5 ILCS 120/2 (c) (1). Moved by Ald. Wsol. Motion seconded. Mayor Schmidt indicated he was reluctant to discuss the performance of a management employee in Closed Session since conversation would include budgeting issues and general staffing issues. AYES: Ald. Allegretti, Ryan, Carey, Wsol, Sweeney, DiPietro and Bach City Manager Hock said he attended the International City Managers Conference last week held in Montreal, Canada. He accepted The Voice of People Award for Excellence Award presented to Park Ridge for recognition of the City s code enforcement. Park Ridge was ranked in the top three of the top 10 percent of over 500 other Municipalities that were considered for the award. CITIZENS COMMENTS ON NON-AGENDA ITEMS Cliff Kowalski (332 Vine) is alleging that his property floods because of construction of a large home that began two years ago on an adjoining property. He shared several photographs with the Council relative to his flooding issues. He believes mistakes and inconsistencies are present in building reports. He requested the City Council to force City employees to do their job. He requested that grades and elevation be lowered to the original plan at 322 Vine via documents provided by the City. In addition, Mr. Kowalski asked that swales be installed according to the 3

4 October engineering report, mulch removed and grass planted in the swales, disconnection of a sump pump and redirect towards front yard, recalculate FAR, recalculate green space and refrain from issuing an occupancy permit at 322 Vine until all flooding issues have been resolved. Jeff Getz (328 Lake St) said he is also experiencing flooding due to the construction at 322 Vine. He passed around pictures of his rear yard showing the extent of flooding. He said a flooding System was installed at his home six years ago and never experienced flooding until the new home at 322 Vine was built. He shared pictures of his flooded backyard and stated that water runs up to the house and basement. He explained steps he has taken with the City trying to resolve this matter. He also said area residents were not aware that 322 Vine was granted a variance. He asked the Aldermen how they would feel if this problem existed next to their own home. He said phone calls from the building department have not been returned. He pleaded for assistance from the Council. Ald. Ryan suggested other Aldermen view the property. He apologized to the two gentlemen for his inability to help. After seeking opinions of other engineers, Ald. Ryan believes that the City s rules are lacking in comparison to other communities pre and post construction site elevation requirements and asked Public Works to review the process. Ald. Ryan suggested that the City consider outsourcing this work if it cannot be performed adequately. Mayor Schmidt indicated the need to determine what committee would address this problem procedurally. Ald. Wsol would like to see the issues resolved openly and expeditiously, with the assistance of staff and the City Attorney. He requested updated reports of progress. Ald. Sweeney concurred and suggested revocation of the temporary occupancy permit at 322 Vine until all issues are corrected. Ald. Bach called for a point of order and did not find the conversation appropriate. He suggested continuing conversation under New Business. City Manager Hock commented on findings of deficiencies by himself and staff within the Ordinances that would have addressed the problem that occurred. City Manager Hock stated a recommendation is forthcoming to the Elected Officials. REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES A. SPECIAL COMMITTEES, BOARDS AND COMMISSIONS Planning and Zoning Commission - Ald. Sweeney a. Ald. Sweeney motioned to approve a Stage 2 Development Plan for a residential development at 225 West Touhy Avenue, and 1 and 111 South Washington Avenue, Case Number PUD Motion seconded. Ald. Sweeney referred the matter to Director Davis who provided verbal and written backup material pertaining to the case. Ald. Sweeney addressed the fire and vandalism that has occurred at the property located on Touhy Avenue, causing the need to have windows boarded up. Ms. Davis explained that the City follows the Property Maintenance Code for the upkeep of property and that special issues could be addressed if the Council votes to defer this case. Ald. DiPietro offered a substitute motion and moved the City Council defer approval of the stage 2 development plan for 225 West Touhy Avenue and 1 and 111 South Washington Avenue, Zoning Case PUD for a period not to exceed 18 months or until March 2011 subject to immediately replacing all boarded-up windows with regular windows and removing all litter at 225 West Touhy Avenue and 1 S. Washington Avenue. Motion seconded. Ald. Wsol conversed with Director Davis about the owner s obligation to maintain the property. In addition, Ald. Wsol asked what would happen if the case is not deferred. Ms. Davis 4

5 provided the Council with three choices: to defer the case; approve it; or chose to do nothing and the PUD would become null and void. Ald. Bach sought reasoning why improper maintenance of the Touhy building has been allowed to continue. Ald. Wsol suggested requiring the owner consider demolishing the building and clearing the land. Director Davis explained there is nothing in the City s Code requiring a tear down of a vacant building. Rich Klouter, an attorney from DLA Piper (203 N. LaSalle, Chicago) representing the applicant and A. Fred Chapekis (11 S. LaSalle, Chicago), representing the owner of 111 S. Washington were present at the Council meeting. Mr. Klouter explained to the Council that both parties are no longer in joint contract with one another and are simply conducting discussions. Mr. Klouter requested postponing the deferral so that owners of the Touhy and Washington properties could determine their relationship. City Attorney Hill believes this request came forward from Mr. Klouter due to the lack of information between the two parties. Attorney Hill agreed that deferral of this item is in the best interest of the Council until he (Attorney Hill) has clear knowledge of business relationship between the two parties and better knowledge of how to advise the Council. Per Attorney Hill, if the 111 Washington decides it no longer intends to be part of the PUD, the Stage 2 Development will be halted. Attorney Hill explained to the Council: Mr. Klouter, on behalf of the developer was to come before the Council and ask for a deferral of 18 months for his whole project, which involved 111 S. Washington. Attorney Hill believes that if both parties contractual relationship has been severed, Mr. Klouter may not have any right to request a deferral. Mr. Klouter reiterated, he is asking the Council for 30 days to defer the case before the Council and renegotiate the relationship with 111 S Washington. With that being said: Ald. DiPietro withdrew his motion on the floor. Ald. Allegretti withdrew his second. Ald. Sweeney withdrew the main motion. Ald. DiPietro withdrew his second. Ald. DiPietro moved to table the item. Motion seconded. On voice vote, motion carried. Mayor Schmidt announced a 5-minute recess at 9:13 p.m. The Council reconvened at 9:22 p.m. B. STANDING COMMITTEES Procedures and Regulations Committee Ald. Allegretti a. *Final approval of the first reading of modifications to the Liquor Ordinance to allow the sale of package goods at Drug Stores. Public Works Committee Ald. Bach a. Ald. Bach moved approval of the proposed landscape agreement between the City and AT&T and waive permit application review fees. Motion seconded. City Manager Hock explained that he received two responses from AT&T: one stating that Park Ridge was not being considered due to budget concerns and another from 5

6 Dave Strahl, Director of External Affairs with AT&T dated September 3, 2009 stating that budgets are always fluid and AT&T would like us to consider their request and proposal. Ald. Allegretti moved to amend the terms of the Letter of Agreement: changing the payment from $1500 for each separate video access device to $2000. Motion seconded. Ald. Allegretti compared the consistency of fees offered by AT&T to other municipalities. He learned that other areas are receiving a greater compensation and believes Park Ridge deserves the same. Ald. Allegretti spoke about the 4 box sizes available, each which would provide U-verse service to a specific number of homes, depending on its size. He said a pole-mounted box was also available. He believes the City should be primarily concerned with the restoration aspect after box placement and with AT&T's compliance with the City s Right-Of-Way Ordnances. He wants Park Ridge treated with the same respect as other suburbs. Ald. Bach explained why other suburbs may be reimbursed a larger sum. He believes it is dependent on ground installation verses pole installation. Ald. DiPietro would like to see the City bargain in good faith. He said AT&T has appeared before the Council three times and that cost of reimbursement was never an issue. He said he would be voting against the amendment. City Manager Hock spoke with the Village Manager of Niles who told Mr. Hock that Niles had negotiated 100% reimbursement. Niles spends roughly $1000 or less per unit. City Manager Hock said Park Ridge might spend more or less than $1500 to screen a box and in some instances, perhaps nothing. This is the reason he selected the $1500 option. Ald. Allegretti said the Council relies on staff to provide the Aldermen with all pertinent information relating to a specific matter. He suggested that comparison information relative to what other municipalities are receiving should have been prepared by staff and presented to the Council in addition to information already provided. He does not believe the City is bargaining the issue in bad faith but rather providing useful information that was lacking in order to make an informed decision. He prefers to see the amounts that AT&T pays to other municipalities before he makes any determination and votes on the issue. He suggested that other Aldermen do the same. Ald. Sweeney called the question. Lacking a second, discussion continued. Ald. Wsol believes the City is trying to provide a competitive choice for the Park Ridge residents. He suggested changing the language to indicate that the contract would be acceptable subject to the $1500, However, if identical services are being provided to a like Northwest Municipal community, Park Ridge would achieve the same. Ald. Ryan s main concern was the placement of the boxes. City Manager Hock spoke about AT&T s willingness to work with residents and staff in Oak Park, MI regarding the placement of the boxes. John Farley (1822 Greendale Ave) said he spoke at a previous meeting about AT&T U- verse. After further investigation, Mr. Farley disclosed that Naperville is reimbursed $1500 per box. He also shared that Niles has fewer residents than Park Ridge and that he currently has overhead wires at this residence. Dave Strahl, Director of External Affairs with AT&T said he personally negotiated the contract with Niles. He stated that AT&T offers three options for landscape screening which have been used universally throughout the state. Strahl explained each option. Ald. Wsol requested language from Attorney Hill so that the Council could move forward with the contract immediately. Attorney Hill suggested: Park Ridge will consider the 6

7 three options and whichever yields the most reimbursement to the City is the one that would be applied. Mr. Strahl offered an explanation to Ald. Allegretti about the communications he had with City Manager Hock. Strahl explained that work was simply deferred in Park Ridge. Strahl said he spoke with City Manager Hock about the small window of time (6 weeks) that was available for AT&T to plan work for the remainder of 2009 and Capital Plans for He explained, while Park Ridge had a few delays, other communities were ready to move forward. He said this is the reason for the deferral; Park Ridge plans have not been cancelled, just deferred until after Ald. DiPietro asked Ald. Allegretti to consider withdrawing his amendment in lieu of a suggestion brought forth by Ald. Wsol. Ald. Allegretti withdrew his motion. Ald. Carey withdrew his second. Ald. DiPietro motioned to amend the main motion adding: subject to the greatest economic good to the City of Park Ridge based upon the three landscape option plans presented by AT&T. Seconded by Ald. Bach. On voice vote, motion carried. Ald. Allegretti moved to amend the main motion, referring to the AT&T letter dated August 6, He added a third paragraph: Said restoration shall comply with Article 9, Chapter 2, Section 19 of the Ordinance of Park Ridge, Restoration of Right-of-Ways. Motion seconded. On voice vote, motion carried. Ald. Allegretti moved to amend the main motion, as amended: Page two of the 8/6/09 AT&T Letter, Item #3: This does not exempt contractors hired by AT&T from maintenance or security requirements related thereto. Seconded by Ald. Bach. Mr. Stahl said AT&T will stand by all worked performed under its name and make sure sub-contactors are bonded and abide by law while working in the Park Ridge community. On voice vote, the motion to amend the main motion, as amended was defeated. Barb Popovich (128 S. Greenwood) shared information with the Aldermen regarding Public Educational and Governmental (PEG) Access channels. She spoke about the state law for consumer protection rights that included language about PEG Access Channels. She believes AT&T is non-compliant in providing these channels and that the Attorney General s office is investigating AT&T s inferior treatment of these channels. She believes these channels provide a wealth of important information to a community. She hopes that Park Ridge will receive what they rightfully deserve. She asked that the Council stand firm for the rights of the Park Ridge residents. John Farley (1822 Greendale) explained the procedure necessary to view a Park Ridge PEG channel via Channel 99 through the assistance of a staff member employed at the City of Naperville. George Kirkland (1909 Des Plaines) provided a technical interpretation of how networks provide PEG channels. He believes in time this matter will be resolved. In his opinion, he does not believe Park Ridge is powerful enough to force something the states cannot. George Yaluris (1510 S. Greenwood) believes it is Ms. Popovich s opinion that AT&T is in non-compliance with State Law. He requested that the Council make a decision to approve the AT&T Agreement and move forward on other issues. Ald. DiPietro said he heard many comments made at the meeting that he interpreted as Buyer Beware. He believes U-verse will provide residents with a choice of providers. He intends to vote in the affirmative. 7

8 AYES: Ald. Ryan, Wsol, Sweeney, DiPietro and Bach NAYS: Ald. Carey and Allegretti b. *Approval to prohibit parking from 8AM to 10AM on both sides of Avondale Avenue, from Park Plaine to dead end, Resident Permit Excepted c. *Approval of the purchase of Bulk Rock Salt - $296,000 d. *Approval of the contract for Water Installation Service on Elliott Street - $47,875 e. *First reading of ordinance modifying Article 5, Chapter 11, Sections 1, 3, and 4 of the Municipal Code regarding a reduction in weed height f. *First reading of ordinance modifying Article 5, Chapter 12, Section 9 of the Municipal Code regarding hours of refuse containers on City parkways Finance and Budget Committee Ald. DiPietro a. *Approve warrants, reviewed by Ald. Wsol, for the period ending September 15, 2009 in the amount of $1,698,

9 b. *Final approval of Ordinance that modifies section of the Municipal Code, increasing the meter parking charge from $.10 per hour to $.25 per hour c. *Final approval of Ordinance that modifies section of the Municipal Code, increasing the fine for Group A Violations from $25 to $50 NEW BUSINESS Ald. Ryan brought up a previously discussed issue: the allowance of boarded-up windows for 90- days. He entered into a conversation with Director Davis regarding compliance on this matter. Ms Davis stated that as long as a property owner is working towards compliance, that is a favorable and acceptable action. Ald. Ryan spoke about extended delays and the right of the City to intervene by repairing the windows. Ms. Davis explained certain rules and regulations the City must follow. Davis said, only under certain circumstances is the City allowed to trespass on a resident s property. Also, other options are available, but they may be timely and costly. Ald. Ryan asked for the attorney to review the matter. Mayor Schmidt also inquired about the homes sitting on the Heinz property at Northwest Highway and Greenwood. Ms. Davis stated that staff needs to draft a demolition letter to inform the property owner of the City s intentions to move forward with the process. Pat Livensparger (413 Courtland) referred to the City s house on Courtland as being a blight to the community and suggested that it be maintained. Ald. Bach moved to adjourn to Closed Session. Motion seconded. In fairness to the City Manager and his performance review, Ald. Wsol suggested deferring Executive Session for another evening since the Council has already been meeting for the last five hours. Ald. Bach withdrew his motion. The meeting adjourned at 11:00 p.m. ADJOURNMENT Transcribed by: Cheryl L. Peterson, Deputy Clerk Attest: 9

10 David F. Schmidt, Mayor Betty W. Henneman, City Clerk THE NEXT REGULAR CITY COUNCIL MEETING IS SCHEDULED FOR Monday, October 5, 2009 at 7:30 p.m. 10