J O U R N A L O F T H E P R O C E E D I N G S REGULAR MEETING OF THE PARK RIDGE CITY COUNCIL

Transcription

1 J O U R N A L O F T H E P R O C E E D I N G S CITY OF PARK RIDGE 505 BUTLER PLACE PARK RIDGE, IL TEL: FAX: TDD: REGULAR MEETING OF THE PARK RIDGE CITY COUNCIL CITY HALL COUNCIL CHAMBERS 505 BUTLER PLACE PARK RIDGE, IL WEDNESDAY, APRIL 8, 2015 AT 7:00 P.M. I. Roll Call Acting Mayor Maloney called the meeting to order at 7:03 p.m. City Clerk Henneman read the roll call. The following elected officials indicated their presence: Ald. Sweeney, Milissis, Smith, Shubert, Knight, Mazzuca and Acting Mayor/Alderman Maloney There was a quorum. II. Pledge of Allegiance Meeting attendees pledged their allegiance to the United States flag. III. Approval of Minutes A. Regular City Council March 16, 2015 Moved by Ald. Sweeney. Seconded by Ald. Smith. B. Committee of the Whole March 23, 2015 Moved by Ald. Knight. Seconded by Ald. Shubert. Ald. Sweeney abstained. IV. Consent Agenda *All items listed with an asterisk are considered routine by the City Council and will be enacted by one motion. There will be no separate discussion of those items unless an Alderman so requests, in which event the item will be removed from the Consent Agenda and considered in its normal sequence on the Agenda. V.E.3. VII.F.1. VII.F.2. VII.I.1. Approve agreement allowing Uptown Station LLC to enter into a lease agreement with Orangetheory Fitness based on a guarantee of sales tax revenue of $ per square foot, plus annual sales increases based on Consumer Price Index Approve a Resolution for a Temporary Use for Mobile Food Vendors at the Farmer s Market with conditions Approve a Resolution for a Temporary Use for Roy s Red Hots with conditions Approve warrants reviewed by Ald. Knight for the period ending March 31, 2015 in the amount of $ 2,189, VII.I.2. Approve a FY15 purchase order increase for Andres Medical Billing, Department 4074 Carol Stream, IL , in the amount of $4,000 VII.I.3. Approve a purchase order increase of $50,000 for ARC-Republic Services, 2101 S Busse Road, Mt Prospect, IL, Page 1 of 9

2 VII.I.4. Approve a FY15 purchase order increase for Chase Paymentech, P.O. Box 29534, Phoenix, AZ by $5,000 from $24,000 to $29,000 VII.I.5. Approve a FY15 purchase order increase for J.P. Morgan Chase, P.O. Box 15918, Wilmington, DE by $3,000 from $32,605 to $35,605 VII.I.6. VII.I.7. VII.I.8. VII.I. 9. VII.I.10. VII.I.11. Approve a FY15 purchase order increase for Clark Baird Smith, 6133 N. River Road, Suite 1120, Rosemont, IL by $44, from $108, to $152, Approve a FY15 purchase order increase for Red Speed, 400 Eisenhower Lane North, Lombard, IL 60148, in the amount of $15,000 Approve a FY15 budget amendment to increase Red Light Fine revenue ( ) by $40,000 from $125,000 to $165,000 and Red Light Fees ( by $15,000 from $65,000 to $80,000 Approve a FY15 purchase order increase for West Suburban Consolidated Dispatch Center, 400 Park Avenue, River Forest, IL by $65,390 from $560,000 to $625,390 Approve first reading of Ordinance modifying Article 11, Chapter 1, Section 9; (Public S services; Water and Sewer Systems; Rates and Fees) for FY16 utility billing rates Approve to reject all bids for City Attorney Services AD-FY15-01 (removed by Ald. Knight) Moved by Ald. Sweeney. Seconded by Ald. Milissis. Ald. Mazzuca had questions relating to Item E.3.; Uptown Station LLC. He questioned the $300 sales threshold which will increase according to the consumer price index over time. City Manager Hamilton confirmed that the escalator kicks in at the point that a tenant exercises the option to have a non-sales tax generated business. He also questioned item VII.I.10; Utility Billing rates. Finance Director Gilmore confirmed that the change in the number of meters that would have changed the model does not have a material impact on the rates calculated. AYES: Ald Milissis, Smith, Shubert, Knight, Mazzuca, Maloney, and Sweeney (7) V. Reports of City Officials A. Mayor s Report 1. Proclamation - Healthy Living Month Tony Clisham from District 64 accepted the Proclamation which was read by Acting Mayor Maloney. Healthy Living Month encourages residents to make healthy, sensible, behavioral choices during the month of April. Mr. Clisham thanked all of the community partners for their involvement. 2. Proclamation Volunteer Appreciation Month Acting Mayor Maloney called all volunteers that were present to the podium and read a Proclamation which recognized and thanked community volunteers who selflessly donate their time and effort in the spirit of volunteerism. 3. Proclamation - National Public Safety Telecommunications Week Acting Mayor Maloney read a Proclamation which recognized the West Suburban Consolidated Dispatch Center (WSCDC) and the Regional Emergency Dispatch Center (RED) which play a vital role in the protection of human life and property in our community by efficiently coordinating emergency services to Page 2 of 9

3 ensure the health and safety of our residents, visitors, and travelers in our communities. A member from each dispatch center was present. 4. Approve the following appointments to Boards and Commissions a. Historic Preservation Commission: Judy Barclay, Julie Tiu, and Eileen Sergo, terms ending 4/1/2020 Moved by Ald. Sweeney. Seconded by Ald. Knight. b. Board of Fire & Police Commissioners: Joan Sandrik, term ending 4/1/2018 Moved by Ald. Sweeney. Seconded by Ald. Mazzuca. B. City Council No report. C. City Attorney 1. Budget Amendment memorandum A Budget Amendment memorandum was provided by City Attorney Hill. Attorney Hill explained that in an election year, any City Council member has 30 days after the seating of the new Council members to present a budget amendment which can only be approved with a majority vote. Attorney Hill also spoke about a lawsuit that was presented to the City in The City was named a defendant. It alleged that due to negligence in maintenance and design of the water structure, homes were flooded outside of the city. Within 30 days of filing, a motion for summary judgment was filed. Six years later, the judge has finally ruled; six of the seven charges have been dismissed under the public duty rule. The one count remaining is for inverse condemnation which he explained and defined for Ald. Mazzuca. Attorney Hill is confident that the judge will rule on the matter expeditiously and Park Ridge will be clear of the count. He would not be surprised to see an appeal of the ruling. The attorney from Michigan has had cases in other states with multi-million dollar verdicts. Attorney Hill did not believe that the attorney had prevailed in any inverse condemnation counts. Furthermore, Attorney Hill did not believe that any settlement would be covered by the City s insurance administrator. He would check. To date, legal fees are estimated at $92K. D. City Clerk 1. Adjourn to Closed Session Approve adjournment to Closed Session pursuant to 5 ILCS 120/2 c 21 to review and approve the content of the February 3, 2015 and March 23, 2015 Closed Session Minutes Moved by Ald. Mazzuca. Seconded by Ald. Smith. AYES: Ald. Smith, Shubert, Knight, Mazzuca, Maloney, Sweeney, and Milissis (7) City Clerk Henneman also reported on the April 7, 2015 election and recognized the hard work by all candidates. She provided the following information: 856 Early Voters Unofficial April 7, 2015 Election Results Aldermen John Moran, Ward 1 Robert Wilkening, Ward 3 Daniel Knight, Ward 5 Marty Maloney, Ward 7 School District 64 Bob Johnson, 2 year Board Member Mark Eggemann, 4 year Board Member Anthony Borelli, 4 year Board Member Athan Tom Sotos, 4 year Board Member Page 3 of 9

4 Park District Cynthia Grau Mel Thillens James O Brien School District 207 Paula Meer Besler Sean O Brien Sullivan Theresa Teri Collins E. City Manager 1. Municipal Electrical Aggregation Program update City Manager Hamilton and Procurement Officer McGuire explained that the City of Park Ridge, a member of the North Shore Electrical Aggregation Consortium (NSEAC), is suspending its involvement in its Electrical Aggregation Program at this time. The City made a decision not to enter into an agreement for electrical energy with the North Shore Electricity Aggregation Consortium since prices for electricity power have leveled off. When the program began three years ago, the rates for electrical power was very unstable and considerably lower. The consortium secured a three year agreement with MC2 to provide savings to residents within the consortium at a rate which was lower than ComEd. All three years, a lower rate was achieved with MC2 with over 5 million dollars in savings to Park Ridge customers. Currently, market rates have stabilized eliminating the need for entering into another contract. MC2 customers from Park Ridge have three choices; 1) stay with MC2 for a one-year term at a fixed price of.0719 per kwh starting 6/1/15; 2) revert back to Commonwealth Edison (rates are expected to increase in June); or 3) choose another supplier for electricity. City Manager Hamilton acknowledged staff that has been assisting residents with questions. The City is still part of the consortium; it is not participating in the electrical end of the consortium. Ald. Shubert questioned the communication with the city s MC2 customers and FAQ s. Ald. Milissis suggested sending letters or utilizing the emergency notification and questioned entering into another agreement with another provider. City Manager Hamilton indicated that the City could send out letters to every MC2 resident but it could be very costly. Currently, information is being disseminated through news releases and provided to those who call or come into City Hall. He prefers not to utilize the emergency phone system which is for true emergencies only. There are several energy providers which can be found on He commented on using caution when companies offer great introductory rates for the first few months and then prices increase significantly. He and Procurement Officer McGuire commented on the RFP process conducted by the consortium in response to inquiries made by Ald. Knight. Ald. Knight believes the City could have been more proactive providing information to the residents. In response to Ald. Mazzuca s inquiry, City Manager Hamilton indicated that Park Ridge was the only community to leave the program. Procurement Officer McGuire briefly explained the RFP process which obtained results without a price; criteria included vendor margin and assessment of capabilities of the companies. Integrys/Constellation Energy was awarded the bid but no determination of price had been achieved. Joan Sandrik (409 Clifton) questioned if the MC2 rate of.719 was all-inclusive. She also commented on the numerous companies that offer electrical power. Staff indicated that providers could be found at the Ald. Maloney inquired if the City could sort through the list looking for providers that service Park Ridge. City Manager Hamilton was reluctant for the City to get involved in the business of assisting residents in the selection of their electricity provider. Dennis Legotos (no address provided) spoke of the low rates provided by MC2. He was not sure of the reason that the City left the program. He is employed by a private energy company that supplies energy to businesses. He offered his service to the City. He questioned specifics relating to the price provided to the city by MC2. He questioned the process which led to the City s decision of suspending the program. It was Ald. Milissis opinion that since the City established the agreement three years ago with MC2, it makes sense for the City to assist the residents in the process of suspending the program as it relates to their electrical energy provider. He believes the public education component was a large part of the process. Ald. Shubert echoed the sentiments and would like the City to make another attempt to educate the residents. Page 4 of 9

5 Deputy Clerk Peterson briefly commented indicating that the number of calls came to no surprise. She has received calls from the MC2 customer every year during the renewal period or when new move-ins received a letter about Mc2. She assured the Elected Officials that staff is assisting residents educating them about the transition. She encouraged the elected officials to have their constituents sign up for the e-alerts so they do not miss important communications or news releases from the City. 2. Approve Resolution authorizing Klein, Thorpe, and Jenkins to represent the City of Park Ridge in any PTAB protests during the triennial Moved by Ald. Sweeney. Seconded by Ald. Shubert. City Manager Hamilton briefly explained this is related to a PTAB carryover discussion from a few years ago. He spoke about the past PTAB process and the blanket Resolution approved last year that authorized the City to intervene with a threshold of $10K potential revenue back to the City if successful with the appeal. The first appeal for 300 S. Northwest Highway has been received. Klein, Thorpe, and Jenkins has completed their analysis. If successful, more than $10K threshold would be received over the 3 year triennial. He also spoke of an IGA approved through the Park District, School District, the City, and the Library where some costs (i.e. appraisal) of the PTAB are shared. Clarification was made to Ald. Sweeney: any legal fees from KTJ would represent services for review for the City s benefit only. Ald. Mazzuca requested to have language added to the Resolution that was provided in the memo in the event that the City was to select another firm as its City Attorney. Move to amend, adding language to the Resolution as provided in the memorandum in the event that the City was to select another firm as its City Attorney. Moved by Ald. Mazzuca. Seconded by Ald. Knight. Approve Resolution, as amended, authorizing Klein, Thorpe, and Jenkins to represent the City of Park Ridge in any PTAB protests during the triennial Moved by Ald. Mazzuca. Seconded by Ald. Knight. AYES: Ald. Shubert, Knight, Mazzuca, Maloney, Sweeney, Milissis, and Smith (7) 3. Approve agreement allowing Uptown Station LLC to enter into a lease agreement with Orangetheory Fitness based on a guarantee of sales tax revenue of $ per square foot, plus annual sales increases based on Consumer Price Index / Approved pursuant to the omnibus vote 4. Approve adjournment to Closed Session to pursuant to 5 ILCS 120/2 c 11 related to litigation and 5 ILCS 120/2 c 2 related to collective negotiating matters (Local 150) Moved by Ald. Sweeney. Ald. Mazzuca. City Manager Hamilton provided a copy of the memorandum that provided a summary of the Local 150 litigation. The second item is the Hearing Order for June 11, 2015 regarding the UOP. Strengths, weaknesses, and strategy of the case would be discussed. Ald. Sweeney wanted to know the purpose of the hearing. City Manager Hamilton explained it was relating to comments made at a Committee meeting by former Mayor Schmidt. Page 5 of 9

6 AYES: Ald. Knight, Mazzuca, Maloney, Smith, and Shubert (5) NAYS: Ald. Sweeney, Ald. Milissis (2) Motion carried, 5 2. VI. Citizens Who Wish to Address the City Council on a Non-Agenda Item Missy Langan (1924 Canfield) was happy to report that residents named in the 400 Talcott ligation have finally been dismissed from the case without any waiver. She thanked the city staff, Elected Officials, and residents for their support. VII. Reports of Boards, Commissions and Committees A. Planning and Zoning Commission Ald. Sweeney 1. Approve first reading of Ordinance for a Text Amendment to Section 8.3 Table 4, Section 10.3.U, 8.3 Table 5, Section Table 9, Section 16 and Appendix E of the Zoning Ordinance, Zoning Case Number SU Moved by Ald. Sweeney. Seconded by Ald. Milissis. Ald. Sweeney explained that this matter pertains to residential dwellings above ground floor commercial districts. Community Preservation and Development Director Testin explained that this matter has been discussed before the Procedure and Regulations Committee and also the City Council since it involved a Public Hearing process. Planning and Zoning has made recommendations for changes. Previously it was identified as a permitted use to have a dwelling unit above the first floor, with a limitation of what could be on the first floor. Planning and Zoning has recommended a change is to make dwellings above the first floor a Special Use. A Public Hearing would be required before moving the matter to the City Council. Flexibility was allowed on the first floor; 25% additional auxiliary types of uses; the square footage was increased for units within B-1 which lower the density; and placed a restriction on the number of residential floors to two (2). Because this involves commercial districts, focus was given to commercial, limiting the residential. Ald. Sweeney recognized the hard work of the Planning and Zoning Commission regarding this matter. AYES: Ald. Mazzuca, Maloney, Sweeney, Milissis, Smith, and Shubert (5) NAYS: Ald. Smith (1) Motion carried, 5 2. B. Zoning Board of Appeals Ald. Sweeney No report. C. Liquor License Review Board Acting Mayor Maloney Acting Mayor Maloney reported that a meeting is scheduled for April 13 at 6:45 p.m D. O Hare Airport Commission Ald. Maloney Acting Mayor Maloney reported that he has talked with the O Hare Airport Commission Chairman, Jim Argionis about various matters that will be forthcoming to the City Council. The next meeting is scheduled for April 15 at 7:00 p.m. E. Historic Preservation Ald. Shubert Ald. Shubert reported that Historic Preservation had a recent meeting ([that he was unable to attend] at which time landmark plaques were the topic of discussion relating to the language and design of the plaques. He also announced that the next Spirit of 45 meeting is scheduled for April 9 at 7:00 p.m. A Proclamation has been drafted and will be placed on the April 20, 2015 City Council meeting to recognize the third Saturday in August as Spirit of 45 Day. Page 6 of 9

7 F. Procedures and Regulations Committee Ald. Mazzuca 1. Approve a Resolution for a Temporary Use for Mobile Food Vendors at the Farmer s Market with conditions / Approved pursuant to the omnibus vote 2. Approve a Resolution for a Temporary Use for Roy s Red Hots with conditions / Approved pursuant to the omnibus vote 3. Approve first reading of Ordinance modifying Article 12, Chapter 6; Businesses and Occupations; Alcoholic Liquor Moved by Ald. Mazzuca. Seconded by Ald. Sweeney. Ald. Shubert explained that a few revisions have been made to the proposed ordinance since the last Procedures and Regulations meeting. The proposed ordinance was provided by staff to all current liquor license holders in the City as well as any prospective license holders. The questions received were provided to the Elected Officials and most have been addressed. He also mentioned that an was received indicating that Peapod makes alcohol deliveries and this has been addressed in the new S-1 Class license. Attorney Hill indicated that Council previously determined that the underage drinking violation did not belong in the liquor code but rather in the offenses section (Article 21). This change will be reflected at the time of final reading of Ordinance. City Manager Hamilton indicated that comments received up to this point have been posted under the documents for this meeting. Ald. Sweeney questioned how licensing of wine clubs that deliver to homes would be handled. Attorney Hill explained that wine clubs would require an S-1 license. However, he recognized that enforcement would be extremely difficult and that he is not aware of any other municipality that enforces this. The City would be protected by tort immunity. Ald. Mazzuca recognized the various questions that were brought forth and asked Attorney Hill to comment on how each inquiry was handled. Attorney Hill explained that one question came up regarding a growler endorsement which has been added. A comment came forth that a growler endorsement was not permitted by the IL Liquor Control Commission (ILCC). Attorney Hill spoke with the ILCC. He learned that the City is within state regulation with respect to who can do growlers. Also, Attorney Hill indicated that Park Ridge allowed for a larger quantity for wine and beer sampling a person could consume up to 10 ounces for a sampling. State regulations allow for 6 ounces. The City defines sampling different than the state. Attorney Hill is confident, as a home rule municipality that if our package goods stores that conduct samplings allow an individual to have 10 ounces will not be in violation of state regulations. Whole Foods also stated that they would like to do displays for all alcoholic beverages throughout the store; accommodations have been made. The City previously allowed servers to be 18; the draft ordinance increased the age to 19. After discussion with Ald. Shubert, the age has reverted to 18. He added that no complaints were ever made regarding 18 year old servers. Ald. Mazzuca also indicated that Winestyles commented on the allowance of area used as the display area. Attorney Hill believes it was addressed in the license type. Ald. Shubert believes that Winesytles came seeking special accommodations when the owner talked about offering wine by the glass. AYES: Ald. Maloney, Sweeney, Milissis, Smith, Shubert, Knight and Mazzuca (7) G. Public Works Committee Ald. Maloney Acting Mayor Maloney announced that a presentation will be made regarding an alternative water supply on Monday, April 13 after the Committee meeting. Page 7 of 9

8 H. Public Safety Committee Ald. Milissis I. Finance and Budget Committee Ald. Knight 1. Approve warrants reviewed by Ald. Knight for the period ending March 31, 2015 in the amount of $ 2,189, / Approved pursuant to the omnibus vote 2. Approve a FY15 purchase order increase for Andres Medical Billing, Department 4074 Carol Stream, IL , in the amount of $4,000 / Approved pursuant to the omnibus vote 3. Approve a purchase order increase of $50,000 for ARC-Republic Services, 2101 S Busse Road, Mt Prospect, IL, / Approved pursuant to the omnibus vote 4. Approve a FY15 purchase order increase for Chase Paymentech, P.O. Box 29534, Phoenix, AZ by $5,000 from $24,000 to $29,000 / Approved pursuant to the omnibus vote 5. Approve a FY15 purchase order increase for J.P. Morgan Chase, P.O. Box 15918, Wilmington, DE by $3,000 from $32,605 to $35,605 / Approved pursuant to the omnibus vote 6. Approve a FY15 purchase order increase for Clark Baird Smith, 6133 N. River Road, Suite 1120, Rosemont, IL by $44, from $108, to $152, / Approved pursuant to the omnibus vote 7. Approve a FY15 purchase order increase for Red Speed, 400 Eisenhower Lane North, Lombard, IL 60148, in the amount of $15,000 / Approved pursuant to the omnibus vote 8. Approve a FY15 budget amendment to increase Red Light Fine revenue ( ) by $40,000 from $125,000 to $165,000 and Red Light Fees ( by $15,000 from $65,000 to $80,000 / Approved pursuant to the omnibus vote 9. Approve a FY15 purchase order increase for West Suburban Consolidated Dispatch Center, 400 Park Avenue, River Forest, IL by $65,390 from $560,000 to $625,390 / Approved pursuant to the omnibus vote 10. Approve first reading of Ordinance modifying Article 11, Chapter 1, Section 9; (Public Services; Water and Sewer Systems; Rates and Fees) for FY16 utility billing rates / Approved pursuant to the omnibus vote 11. Approve to reject all bids for City Attorney Services AD-FY15-01 Moved by Ald. Knight. Seconded by Ald. Mazzuca. Ald. Knight requested to have Finance Director Gilmore provide a timeline of how this matter will be approached, with specific dates. Finance Director Gilmore indicated he would provide the information at the next City Council meeting. AYES: Ald. Sweeney, Milissis, Smith, Shubert, Knight, Mazzuca, and Maloney (7) VIII. New Business For announcement, deliberation, and/or discussion only; no official action will be taken 1. A public hearing and final action to approve the FY16 budget has been scheduled for Monday, April 20, 2015 at 7:00 p.m. City Manager Hamilton provided information about the Public Hearing that will be held before the approval of the FY16 budget. Page 8 of 9

9 Ald. Sweeney expressed his desire to allow John Moran and Robert Wilkening join the City Council in Closed Session since things discussed in Closed Session are matters that the new Aldermen would be involved. Ald. Sweeney consulted with Attorney Hill that it would be allowable by a favorable vote of the Council Approve to allow the two-newly elected Aldermen, John Moran and Robert Wilkening, to be present for the Closed Session. Moved by Ald. Sweeney. Seconded by Ald. Smith. Ald. Knight questioned if Park Ridge has ever allowed this previously. Attorney Hill indicated that this has not been allowed in Park Ridge but has in other municipalities. Ald. Knight indicated he would be troubled setting this precedent and reminded the Aldermen that anything said in Closed Session can be shared. Acting Mayor Maloney understood the logic but also supported Ald. Knight s comments. Precedent could be set that the City might regret. AYES: Ald. Milissis, Smith, Sweeney (3) NAYS: Ald. Shubert, Knight, Mazzuca, and Maloney (4) Motion failed, 3 4. IX. Adjournment The City Council adjourned to closed session at 8:51 p.m., taking a brief recess before meeting. The City Council returned to its regular meeting from closed session at 9:50 p.m. The regular meeting adjourned at 9:50 p.m. Transcribed by: Cheryl L. Peterson, Deputy Clerk Approved by the City Council this 20 th day of April, A.D., 2015 Acting Mayor Marty Maloney Attest: Betty Henneman, City Clerk Page 9 of 9