Agenda Cover Memorandum

Transcription

1 Agenda Cover Memorandum Meeting Date: September 25, 2017 Meeting Type: COW (Committee of the Whole) City Council Budget Workshop Item Title: Approve First Reading of An Ordinance Of the City Council of Park Ridge Amending Article 4 of the Municipal Code of Park Ridge Adding the Park Ridge Farmers Market Committee Action Requested: Approval For Discussion Feedback Requested For Your Information Staff Contact: Joe Gilmore, City Manager Phone #: jgilmore@parkridge.us Background: At the August 28, 2017, Finance Committee meeting, the Committee reviewed the operating history of the Farmers Market and deliberated on the direction sought for the Market in the future. Based on the Committee s discussion, the following goals were identified: a. Keep the Farmers Market as a public service provided by the City b. Operate the Market to be self-sufficient (breakeven) c. The Market Master would be a member of the new Farmers Market Committee, selected by its members. d. Committee members would go through Mayors Advisory Board e. CP&D will supervise the market Based on the direction from the Committee, the City Attorney has prepared the attached ordinance amending the City Code to: 1. Create the Farmers Market Committee and provide for its appointment and terms; 2. Grant powers and responsibilities to the Farmers Market Committee; 3. Designate separate powers and responsibilities for the Market Master, who will operate under rul es established by the Committee; 4. Establish a policy which expresses a goal for the Market to operate as a self-supporting enterprise; and 5. Place the Farmers Market Committee under the supervision of the Community Preservation and Development Department for budgetary and procurement purposes. Recommendation: 1. Approve First Reading of An Ordinance Of the City Council of Park Ridge Amending Article 4 of the Municipal Code of Park Ridge Adding the Park Ridge Farmers Market Committee Attachment(s), if any: An Ordinance Of the City Council of Park Ridge Amending Article 4 of the Municipal Code of Park Ridge Adding the Park Ridge Farmers Market Committee August 10, 2017 Memorandum from the City Attorney re: Farmers Market Minutes of the August 28, 2017 Finance Committee meeting , v. 1 Page 1 of 1

2 CITY OF PARK RIDGE ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PARK RIDGE AMENDING ARTICLE 4 OF THE MUNICIPAL CODE OF PARK RIDGE ADDING THE PARK RIDGE FARMERS MARKET COMMITTEE WHEREAS, the City of Park Ridge is an Illinois home rule municipal corporation organized and operating pursuant to Article VII of the Illinois Constitution of 1970; and WHEREAS, the City has established a Park Ridge Farmers Market in Article 12, Chapter 7 of the Park Ridge Municipal Code; and WHEREAS, the City Council has determined that it is in the best interests of the City to change the City Code to require the appointment of a Park Ridge Farmers Market Committee to manage and operate the Park Ridge Farmers Market; and WHEREAS, the City Council further desires to make conforming changes to Article 12, Chapter 7 of the Park Ridge Municipal Code to facilitate the operation of the Park Ridge Farmers Market under the supervision of the Park Ridge Farmers Market Committee. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Park Ridge, Cook County, Illinois, pursuant to its home rule authority provided under Article VII of the Illinois Constitution of 1970 as follows: SECTION 1: Chapter 7, entitled Farmers Market Committee of Article 4, entitled Boards and Commissions, of the Park Ridge Municipal Code is hereby created in the manner described in Exhibit A, attached hereto and incorporated as though fully set forth herein. SECTION 2: Chapter 7, entitled Farmers Market, of Article 12, entitled Businesses and Occupations, of the Park Ridge Municipal Code is hereby amended in the manner described in Exhibit B, attached hereto and incorporated as though fully set forth herein. SECTION 3: This Ordinance shall be in full force and effect from and after its passage, approval and publication according to law. SECTION 4: The City Clerk is hereby authorized and directed to publish said Ordinance in pamphlet form according to law.

3 Adopted by the City Council of the City of Park Ridge, Illinois this day of, VOTE: AYES: NAYS: ABSENT: Approved by me this day of, Attest: Mayor Marty Maloney City Clerk

4 EXHIBIT A ARTICLE 4, CHAPTER 7 PARK RIDGE FARMERS MARKET COMMITTEE [See Attached]

5 CHAPTER 7 FARMERS MARKET COMMITTEE SECTION COMMITTEE ESTABLISHED There is hereby created the Farmers Market Committee. The Farmers Market Committee's objective will be to administer and promulgate rules for the operation of the Farmers Market in a manner not inconsistent with Article 12, Chapter 7 of the Park Ridge Municipal Code FUNCTIONS OF THE COMMITTEE The Committee is charged with the duties set forth in Article 12, Chapter 7 of the Park Ridge Municipal Code and such other duties as may from time to time be assigned by the City Council. The Committee is empowered to promulgate rules and regulations for the operation of the Farmers Market in a manner which protects the pubic health and safety and which results, to the extent practicable and in light of all lawfully available revenue sources, in the Farmers Market being a self-sustaining enterprise MEMBERS OF THE COMMITTEE 1. The Committee shall consist of ( ) members appointed by the Mayor with the advice and consent of the City Council. Each Committee member will serve a three-year term or until his or her successor has been appointed. The terms of the original appointees shall be staggered so that one-third of the members term s expire each year. 2. The Committee shall appoint from among its members a Market Master, who shall be charged with the duties set forth in Article 12, Chapter 7 of the Park Ridge Municipal Code and such other duties as may from time to time be assigned by the Committee. 3. The Market Master shall serve a one-year term or until her or her successor has been appointed.

6 EXHIBIT B ARTICLE 12, CHAPTER 7 FARMERS MARKET [See Attached]

7 CHAPTER 7 - FARMERS MARKET SECTION FARMERS MARKET There is hereby established in the City of Park Ridge a marketplace to be known as the Farmers Market for the sale of produce, and processed, packaged, or prepared food, subject to the procedures and regulations hereinafter set forth TIME AND PLACE The Farmers Market shall be located in an area designated by resolution of the City Council and shall be conducted on such days and during such hours as the Council may prescribe PERMIT REQUIRED The market shall be divided into spaces designated by the market master. No person may occupy any space within the market unless he has received an occupancy permit issued by the master and has paid the applicable fee therefor. The fee shall not be a tax or license but shall be used to defray the cost of administration and promotion of the Farmers Market and enforcement of this ordinance PERMIT FEE A. Farmers Market permit may be issued either for an entire season or for one day. No person may receive more than three (3) daily permits in any season. B. The fee for a Farmers Market permit shall be established by the market master Farmers Market Committee so that the operation of the Farmers Market, to the extent practicable and in light of all other revenue sources, shall be a self-sustaining enterprise PERMIT APPLICATION Applications for a Farmer Market permit shall be made on forms prescribed by the market master Farmers Market Committee. Such applications shall contain and include the following information: A. Name, address and telephone of the applicant and, if a business name, the name of the individual owner of the business. B. Description of product to be sold. C. Identification of the state and county in which the produce to be sold is grown or gathered.

8 D. Name and address of any person other than family members and employees of the applicant involved in preparing, packaging, transporting, or otherwise processing the product. E. Name and address of persons to be actually in charge of applicants' sales. F. A warranty that the produce to be sold will be grown, gathered, or produced by the applicant personally, his family, or employees, and not purchased for resale. G. Such other information as the market master may require. H. A certificate of insurance naming the City of Park Ridge and the Farmers Market Committee as additional insured that will be in full force and effect during the operation of the Farmers Market in the amount of $1,000,000 for general liability per occurrence from an insurance company licensed to do business in the State of Illinois and with a minimum insurance rating acceptable to the City GENERAL REGULATIONS A. Scales for products sold by weight shall conform to established standards of the State of Illinois. B. Prices shall be prominently displayed. C. Hawking and crying out is prohibited. D. Any animals or pets brought to the market shall be kept at least 10 feet away from any booth selling food that is regulated by the Illinois Department of Public Health Retail Food Store Sanitation Code or Food Service Sanitation Code including processed, prepared or packaged food products. Any person who brings an animal or pet to the market shall comply with all applicable provisions of Article 5 Chapter 8 of the Municipal Code entitled, "Animals." E. Sale of the following is prohibited: 1. Any unwholesome, adulterated, spoiled, or contaminated food product. 2. Any dairy product except hard cheese, unless approved by the Health Authority. 3. Any meat, fish, or poultry product, unless approved by the Health Authority. 4. Home canned, heat processed, hermetically sealed non-acid or low-acid foods. 5. Eggs. 6. Any food item to which preservatives or coloring has been added, unless approved by the Health Authority. 7. Baked goods which require refrigeration. 8. Any food processed, packed or prepared at a home or other source not approved by federal, state or municipal health authorities or inspected by federal, state or municipal health authorities.

9 9. Any live animals. 10. Any alcoholic beverages. F. No waste, garbage, or refuse shall be permitted to accumulate or remain in the market area. G. All food items, all persons handling food items, and all equipment for transportation, storage and display of food items shall comply with the sanitary regulations promulgated by the Health Authority. H. The label for any pre-packaged or wrapped food items shall comply with the Illinois Department of Public Health Retail Food Store Sanitation Code and the Illinois Food Service Sanitation Code. I. When food that is regulated by the Illinois Department of Public Health Retail Food Store Sanitation Code or Food Service Sanitation Code such as processed, prepared or packaged food products is provided regardless of whether there is a charge for the food, an application for a temporary food establishment Health Permit shall be submitted to the Health Authority. No person may sell or give away any food for which a temporary food establishment Health Permit is required until the Health Authority has approved such permit. J. No person may sell any processed, prepared or packaged food or prepare any food on site in the Farmers Market unless the food and any ingredients that would be used on site comes from a facility that is either licensed by a local health department or a state or federal food agency, or is inspected by the Illinois Department of Public Health as a food processor, warehouse or packer MARKET MASTER There shall be a market master who shall be appointed by the Farmers Market Committee from among its members. The market master shall have general responsibility for the administration of the market and enforcement of rules and regulations. and The Farmers Market Committee shall have general responsibility for promulgation and enforcement of rules and regulations for the operation of the market. The market master shall have the authority to approve Farmers Market permits, to revoke Farmers Market permits for any violation of this ordinance or any law or regulation or conduct detrimental to the public health, safety, or welfare, to designate assigned spaces in the market, and to do all other things necessary to the operation of the operation of the market. The Farmers Market Committee shall be supported by the Community Preservation and Development Department and all revenue and expenses of the Farmers Market shall comprise a separate object class in the Department s budget PENALTY FOR VIOLATION Any person, firm, or corporation violating any of the terms or provisions of this Chapter or failing to comply with an order of the Market Master or the Health Authority, shall be fined not less than fifty dollars ($50.00) for the first violation, not less than one

10 hundred dollars ($100.00) for any subsequent violation and not more than two thousand five hundred dollars ($2,500.00) for any violation. Each day such violation is committed or permitted to continue or exist shall constitute a separate offense and shall be punishable as such hereunder. Violations of this Chapter shall be adjudicated in the manner prescribed in Article 20, Chapter 6 of the Park Ridge Municipal Code , v. 1

11 A Professional Corporation 175 E. Hawthorn Parkway, Suite 145 Vernon Hills, IL M E M O R A N D U M Adam B. Simon asimon@ancelglink.com (P) (F) To: CC: From: Subject: Mayor and City Council City of Park Ridge Joe Gilmore, City Manager Adam B. Simon Farmers Market Date: August 10, 2017 The purpose of this memorandum is to help the City and the Farmers Market (the Market ) ensure that the operation of the Market is consistent with the City Code. This memorandum also presents the City with options for how to respond to the changes the Market has experienced, including: (i) amending the City Code to align the ordinance with established custom and practice of the Market, (i) requiring the Market to operate in strict conformance with the City Code, or (iii) separating the Market from the City by requiring the Market to be organized as a not-for-profit organization. Options 1 and 2 are not mutually exclusive. Background Article 12, Chapter 7 of the City Code, adopted by Ord. No on May 1, 2006 (the Market Ordinance ), governs the operation of the City of Park Ridge Farmers Market. A copy of Chapter 7 is attached to this memo for your reference. According to the Market Ordinance, the Market is a public service organized and operated by the City under the supervision of a Market Master, all subject to the direction of the City Council. The Market Master may or may not be a City employee and the Market Ordinance is silent in relation to how the Market Master is appointed. The Market Ordinance also describes the process by which the Market Master is to solicit vendors, charge for permits, issue or revoke vendor permits, and establish and enforce operating guidelines to protect public health, safety and welfare. The Market is unique from an event such as the Taste of Park Ridge. The Taste is operated by a separate organization without direct ties to the City. The Market, on the other hand, is tied directly to the City through the Market Ordinance. These ties include CHICAGO VERNON HILLS NAPERVILLE CRYSTAL LAKE BLOOMINGTON

12 ANCEL, GLINK, DIAMOND, BUSH, DICIANNI & KRAFTHEFER, P.C. City of Park Ridge Farmers Market August 10, 2017 Page 2 a requirement that all Market revenues and expenses be managed consistent with the City s fiscal policies and procedures, including Article 2, Chapter 9 of the City Code, the Budget Policy. Currently, the Farmers Market is operated by two volunteers, Karen Grunschel and Jay Crowley. Karen and Jay serve as de facto Market Masters. The City has a separate account designed to hold Market funds, but Mrs. Grunschel and Mrs. Crowley have signature authority on that account. In operating the Market, they have developed several customs and practices that are unlike how other City funds are managed. First, the Market has operated outside the regular budget and procurement process. Partly as a result of this independence, the Market has not broken even and has required the City to underwrite some expenses with taxpayer dollars (e.g. AT&T parking lot lease, which is in the City budget). In addition, despite the Market selling out its vendor permits for each of the last several years, the cost charged for a permit has not been enough to cover the Market s expenses. In short, the Market has not operated as a self-supporting enterprise and has required an increasing amount of taxpayer subsidization. Second, the Market has begun to conduct charitable fundraisers to underwrite the cost of a food stamp promotion that helps underprivileged families by fresh food at the Market. For example, the Market partnered with Potbelly s to share the profits from the sale of sandwiches on a specific night. Jay and Karen have also done some door-todoor solicitation of donations. Based on direction from the City Manager and City Attorney, they have begun to be more transparent by explaining the money would be deposited to a City account, rather than with a 501(c)(3) organization. Although the Market has been operated fairly independently, Jay and Karen have kept very good records to track their revenues and expenses. Moreover, they have expressed a willingness to conform to the direction of the City Council for the future operation of the Market. Next Steps The first question to be addressed by the City Council is whether you want the Market to continue to be a public service provided by the City. If you do not we can direct the Market to begin the process of creating a separate entity that operates independently from the City and which needs to petition for public assistance and permits like any other civic organization. If you do, I have presented a series of questions for your consideration to help direct the future operations of the Market. CHICAGO VERNON HILLS NAPERVILLE CRYSTAL LAKE BLOOMINGTON

13 ANCEL, GLINK, DIAMOND, BUSH, DICIANNI & KRAFTHEFER, P.C. City of Park Ridge Farmers Market August 10, 2017 Page 3 A. Should the Market be a self-sustaining enterprise? Should the Market break even, or what amount of taxpayer assistance is appropriate to ensure the City has a Market? The Market does have an impact on economic development by bringing visitors to the City. On the other hand, it is a discretionary public service the cost for which should be balanced against other public services. A policy should be developed and reviewed from time to time to help the City Manager and Finance Director control how much financial assistance the Market will receive. B. Who will be the Market Master? The City also needs to appoint a Market Master. Jay and Karen are willing to continue to volunteer to operate the Market, although there should be only one appointee unless the City Council amends the City Code to provide for two. The Code does not expressly describe any specific qualifications, but some factors to consider in designating the Market Master include: (a) operating experience and relationships with vendors, (b) expertise necessary to enforce food service regulations (e.g of the Market Ordinance), (c) labor expenses, and (d) the ability to establish and balance a budget. C. Which Department will supervise the Market? Similarly, we recommend that the City Council designate under which Department the Market will operate so there is a Department Head with authority to supervise the Market Master and help develop and manage the budget. The Department Head will also be responsible for identifying the estimated revenues and expenses of the Market so it can be included in the Department s annual budget. Furthermore, the Department Head will be able to exercise the purchasing authority delegated by and consistent with Section of the City Code. D. Does the City Council want the Market to be granted any exceptions from the budgeting and procurement policies? Aside from the Market not breaking even, the operation of the Market has occurred without complaint under the general supervision of Jay and Karen. The vendor permits sell out and the Market is well patronized. Besides placing a limit on the amount of taxpayer subsidy, the City Council can elect to grant autonomy to the Market to preserve the status quo. Based on the Council s answers to these questions, the City Attorney and City Manager can implement your direction, including (a) presenting a candidate to be appointed CHICAGO VERNON HILLS NAPERVILLE CRYSTAL LAKE BLOOMINGTON

14 ANCEL, GLINK, DIAMOND, BUSH, DICIANNI & KRAFTHEFER, P.C. City of Park Ridge Farmers Market August 10, 2017 Page 4 Market Master, and (b) drafting any applicable amendments to the City Code or a new Council Policy Statement. CHICAGO VERNON HILLS NAPERVILLE CRYSTAL LAKE BLOOMINGTON

15 CHAPTER 7 - FARMERS MARKET SECTION FARMERS MARKET There is hereby established in the City of Park Ridge a marketplace to be known as the Farmers Market for the sale of produce, and processed, packaged, or prepared food, subject to the procedures and regulations hereinafter set forth. (Ord. No , ) TIME AND PLACE The Farmers Market shall be located in an area designated by resolution of the City Council and shall be conducted on such days and during such hours as the Council may prescribe PERMIT REQUIRED The market shall be divided into spaces designated by the market master. No person may occupy any space within the market unless he has received an occupancy permit issued by the master and has paid the applicable fee therefor. The fee shall not be a tax or license but shall be used to defray the cost of administration and promotion of the Farmers Market and enforcement of this ordinance PERMIT FEE A. Farmers Market permit may be issued either for an entire season or for one day. No person may receive more than three (3) daily permits in any season. B. The fee for a Farmers Market permit shall be established by the market master. (Ord , ; Ord. No , ) PERMIT APPLICATION Applications for a Farmer Market permit shall be made on forms prescribed by the market master. Such applications shall contain and include the following information: A. Name, address and telephone of the applicant and, if a business name, the name of the individual owner of the business. B. Description of product to be sold. C. Identification of the state and county in which the produce to be sold is grown or gathered. D. Name and address of any person other than family members and employees of the applicant involved in preparing, packaging, transporting, or otherwise processing the product. E. Name and address of persons to be actually in charge of applicants' sales. F. A warranty that the produce to be sold will be grown, gathered, or produced by the applicant personally, his family, or employees, and not purchased for resale. G. Such other information as the market master may require. H. A certificate of insurance naming the City of Park Ridge and the Farmers Market Committee as additional insured that will be in full force and effect during the operation of the Farmers Market in the amount of $1,000,000 for general liability per occurrence from an insurance company licensed to do business in the State of Illinois and with a minimum insurance rating acceptable to the City. (Ord. No , )

16 GENERAL REGULATIONS A. Scales for products sold by weight shall conform to established standards of the State of Illinois. B. Prices shall be prominently displayed. C. Hawking and crying out is prohibited. D. Any animals or pets brought to the market shall be kept at least 10 feet away from any booth selling food that is regulated by the Illinois Department of Public Health Retail Food Store Sanitation Code or Food Service Sanitation Code including processed, prepared or packaged food products. Any person who brings an animal or pet to the market shall comply with all applicable provisions of Article 5 Chapter 8 of the Municipal Code entitled, "Animals." E. Sale of the following is prohibited: 1. Any unwholesome, adulterated, spoiled, or contaminated food product. 2. Any dairy product except hard cheese, unless approved by the Health Authority. 3. Any meat, fish, or poultry product, unless approved by the Health Authority. 4. Home canned, heat processed, hermetically sealed non-acid or low-acid foods. 5. Eggs. 6. Any food item to which preservatives or coloring has been added, unless approved by the Health Authority. 7. Baked goods which require refrigeration. 8. Any food processed, packed or prepared at a home or other source not approved by federal, state or municipal health authorities or inspected by federal, state or municipal health authorities. 9. Any live animals. 10. Any alcoholic beverages. F. No waste, garbage, or refuse shall be permitted to accumulate or remain in the market area. G. All food items, all persons handling food items, and all equipment for transportation, storage and display of food items shall comply with the sanitary regulations promulgated by the Health Authority. H. The label for any pre-packaged or wrapped food items shall comply with the Illinois Department of Public Health Retail Food Store Sanitation Code and the Illinois Food Service Sanitation Code. I. When food that is regulated by the Illinois Department of Public Health Retail Food Store Sanitation Code or Food Service Sanitation Code such as processed, prepared or packaged food products is provided regardless of whether there is a charge for the food, an application for a temporary food establishment Health Permit shall be submitted to the Health Authority. No person may sell or give away any food for which a temporary food establishment Health Permit is required until the Health Authority has approved such permit. J. No person may sell any processed, prepared or packaged food or prepare any food on site in the Farmers Market unless the food and any ingredients that would be used on site comes from a facility that is either licensed by a local health department or a state or federal food agency, or is inspected by the Illinois Department of Public Health as a food processor, warehouse or packer. (Ord , ) MARKET MASTER There shall be a market master who shall have general responsibility for the administration of the market and promulgation and enforcement of rules and regulations for the operation of the market. The

17 market master shall have the authority to approve Farmers Market permits, to revoke Farmers Market permits for any violation of this ordinance or any law or regulation or conduct detrimental to the public health, safety, or welfare, to designate assigned spaces in the market, and to do all other things necessary to the operation of the operation of the market. (Ord. No , ) PENALTY FOR VIOLATION Any person, firm, or corporation violating any of the terms or provisions of this Chapter or failing to comply with an order of the Health Authority, shall be fined not less than fifty dollars ($50.00) for the first violation, not less than one hundred dollars ($100.00) for any subsequent violation and not more than two thousand five hundred dollars ($2,500.00) for any violation. Each day such violation is committed or permitted to continue or exist shall constitute a separate offense and shall be punishable as such hereunder. (Ord. No , ) , v. 3

18 CITY OF PARK RIDGE 505 BUTLER PLACE PARK RIDGE, IL TEL: FAX: TDD: M I N U T E S COMMITTEE OF THE WHOLE MEETING OF THE PARK RIDGE CITY COUNCIL PUBLIC WORKS, FINANCE AND BUDGET & PROCEDURES AND REGULATIONS CITY HALL COUNCIL CHAMBERS 505 BUTLER PLACE PARK RIDGE, IL MONDAY, AUGUST 28, AT 7:00 P.M. Alderman Mazzuca called the meeting to order at 7:05 p.m. I. Roll Call City Clerk Henneman read the roll call and the following Elected Officials indicated their presence: Ald. Moran, Milissis, Wilkening, Melidosian, Mazzuca and Joyce Mayor Maloney and Ald. Shubert were absent. Staff present: B. Patoska, J. Gilmore, B. Madden, J. Brown and W. Zingsheim II. III. Citizens wishing to be Heard on a Non-Agenda Item Public Works A. Action Items 1. Approve placing of an Ordinance amending Article 13, Chapter 15 of the Municipal Code on the September 5, 2017 Council agenda for final reading Motion by Alderman Moran, seconded by Alderman Mazzuca. Public Works Director Wayne Zingsheim explained that a consensus was reached to end the enforcement of parking restrictions for 90 minute, 2-hour and 3-hour areas at 8:00pm. He asked for input from the City Council regarding the proposed signage reflecting these restrictions. Director Zingsheim reviewed the three options and indicated that he felt the first option was the cleanest. Alderman Melidosian suggested adding enforced before the times for additional clarity, while Alderman Mazzuca felt that it was not particularly welcoming to indicate police enforced on the signage. Alderman Mazzuca added that he preferred option #2, which indicated that the parking is free. Alderman Milissis and Wilkening agreed. Alderman Joyce preferred either option #1 or #2. Director Zingsheim indicated that the second option is most similar to the current signage. Alderman Moran stated that the consensus reached was for option #2. Alderman Moran indicated that 15 and 30-minute loading zones would still be enforceable after 8:00pm and asked if the Council felt it was necessary to remove that restriction. Director Zingsheim discussed the benefit of having an open space for drop-off / pick-up, specifically on Main Street. Alderman Melidosian inquired about use of loading zones for evening deliveries. There was a consensus to leave the Ordinance as is. Page 1 of 7

19 August 28, 2017 Minutes for the Committee of the Whole Finance and Budget & Procedures and Regulations (Cont.) Motion carried, 6/0, by voice vote. Alderman Moran explained that he would not be present at the next City Council meeting so he provided his final comments regarding this Ordinance. He stated that this change is one of the most business friendly and important parking adjustments. He indicated that this change would positively affect the nighttime businesses and employees of those businesses. IV. Finance and Budget A. Action Items 1. Approve a purchase order for the University of Illinois (U of I), Office of Grants and Contracts, Network Place, Chicago, IL not to exceed $45, Motion by Alderman Mazzuca, seconded by Alderman Moran. City Manager Joe Gilmore explained that the expenses are related to the Department of Justice Community Advisory Board grant. The grant revenue and expenses are a part of the FY18 Budget. The PO authority is necessary pay the University of Illinois for expenses. Alderman Mazzuca noted a pervious purchase order for $20,000. He explained that typically only two-thirds of the members attend the Community Advisory Board meetings. Given the concept of technology and community policing, Alderman Mazzuca suggested that perhaps the $45,000 would be better spent on body cameras. He explained that he would be voting No in order to further discuss this item at the City Council meeting. He requested additional detail regarding what the money is being used for, as well as more information about the work of the Advisory Board. Motion carried, 5/1, by voice vote, with Alderman Mazzuca being the nay vote. 2. Approve a budget amendment to the Motor Equipment Replacement Fund (MERF) Motion by Alderman Mazzuca, seconded by Alderman Moran. City Manager Gilmore explained that this is a series of budget amendments for vehicles that came in over the budget estimate. Truck #40 was budgeted at $122,313; total cost of the vehicle is estimated at $136,589. Truck #62 was budgeted at $160,000; total cost of the vehicle is estimated at $165,505. P-51 was budgeted for $36,000 in FY17, but its funds were utilized to replace P-41, which was totaled in accident on March 2, The City received $17,917 for the totaled P-41. Total cost of P-51 vehicle is estimated at $36,545. Alderman Mazzuca confirmed that the direction going forward would be to bring the budget amendments forward at the same time as the purchase order. Motion carried, 6/0, by voice vote. 3. A. Approve a budget amendment to the General Fund of $16, Motion by Alderman Mazzuca, seconded by Alderman Moran. City Manager Gilmore explained that the police department previously used Sprint for cellular phone service due to a recurring $9,000 annual credit that was provided to the City as part of Sprint s Cell Phone Tower Lease Agreement. Sprint notified the City in May of 2017 that the credit was set to expire with the original agreement in June of The increased operational need of the police department required equipment to be added and that existing equipment be upgraded. This increase in operational need along with the loss of the annual Sprint Credit provided the City an opportunity to add the police department to the rest of the City s cellular service users with Verizon. Alderman Melidosian questioned if the payment to Verizon in the warrants he approved last month included the police department lines. City Manager Gilmore explained that the PO is current meaning it is unpaid and perhaps the charges were IT related, as opposed to cell service. Page 2 of 7

20 August 28, 2017 Minutes for the Committee of the Whole Finance and Budget & Procedures and Regulations (Cont.) City Manager Gilmore explained that the cost of service would decrease with Verizon. He added that having all cell service with a single platform will make it easier to shop next year. Alderman Mazzuca asked if there would be a contract termination fee. City Manager Gilmore stated that he would confirm. Motion carried, 6/0, by voice vote. B. Approve a purchase order increase for Verizon Wireless Motion by Alderman Mazzuca, seconded by Alderman Moran. Motion carried, 6/0, by voice vote. 4. Approve the contract for Parking Citation Processing Services FN-FY18-02 to Complus Data Innovations, Inc., Tarrytown, NY in an amount not to exceed $65, Motion by Alderman Mazzuca, seconded by Alderman Moran. City Manager Gilmore explained that staff issued a Request for Proposal, Parking Citation Processing Services FN-FY18-02, to search for a qualified firm to provide citation processing hardware and services, including secondary collections. 32 firms registered for proposal documents. Seven bids were received and read aloud on Tuesday, June 20, One proposal was deemed non-responsive. Passport Parking Inc. of Wilmington, DE did not provide a solution that fit the City s model for citation processing. Scoring was performed by a team from Finance and the Police Department. Prices were scored separately. The scorecard considers the total cost of operating citation processing for a three-year period and uses a ticket canvassing amount of 9,000 citations. With Complus, the City will be paying $2.20 per citation. Currently, the City is paying $4.21 per citation to Duncan Solutions. The contract term will be for an initial term of three years with an option to renew for two, one-year periods; the total contract would not exceed five years. Alderman Mazzuca asked if the new system would be integrated with Munis. Senior Accountant B. Patoska explained that there is no automation between the two. He added that tickets will upload instantly and can be paid online. Alderman Mazzuca asked if the City could terminate the contract if unsatisfied with the services. City Manager Gilmore explained that the City should have the ability to exit the contract. In response to a question from Alderman Moran, B. Patoska explained that current tickets would remain with Duncan Solutions. A cut-off date would be set for the transition. The amount of uncollected citations was discussed. City Manager Gilmore reviewed the City s collection efforts. He suggested providing an aging report to the City Council. Alderman Mazzuca asked that the collection rate for this new vendor be tracked, as it is a valuable metric. Motion carried, 6/0, by voice vote. B. Discussion Items 1. Discuss Farmers Market Organization and Operation City Manager Gilmore reviewed the memo provided by City Attorney Adam Simon. Karen Grunschel, one of the volunteers currently operating the Farmers Market, explained that when the staff person serving as the Market Master left the City, the City Manager at the time allowed the volunteers to carry out all operations. She explained that the market was selfsustained until 2016 when AT&T requested money for the use of their parking lot during the Market. At that same time, the City also rented porta-potties for the Market. Page 3 of 7

21 August 28, 2017 Minutes for the Committee of the Whole Finance and Budget & Procedures and Regulations (Cont.) Ms. Grunschel explained that the Market s fundraising efforts were not to offset the SNAP Program, as they have grant funding for SNAP. The Market was fundraising to redevelop their website. Ms. Grunschel indicated that American Eagle has volunteered to redevelop the site for no charge. Alderman Mazzuca asked Ms. Grunschel her preference, whether she would like the Market to stay associated with the City or not. She explained that they would like to stay associated with the City, primarily due to insurance costs. Alderman Moran asked how much the City contributes to the Market. City Manager Gilmore explained that the parking lot lease is $1,150 for the season, the porta-potty rental was approximately $800 and the insurance was likely $2,500 in subsidy. Alderman Milissis asked if the Market has sought sponsorships from other local businesses to underwrite expenses. He suggested asking AT&T to sponsor the parking lot. City Manager Gilmore explained that they were not overly willing to rent it to the City in the first place. Alderman Joyce asked if there is a specific model for Farmers Markets in other local communities. Ms. Grunschel provided examples and explained that it varies. Alderman Mazzuca reviewed the questions outlined in the memo. He first asked if the Council if the Farmers Market should be more closely aligned with the City or an independent entity. He indicated that his preference would be to stay within the City. By a show of hands, the Council reached a consensus to keep the Market a part of the City. Alderman Milissis thanked Ms. Grunschel and the Market volunteers and explained that direction of the City over the last few years has been to not subsidize organizations that are not essential to the City. He reiterated the use of corporate sponsorships to offset any additional costs. Alderman Moran agreed with the point made by Alderman Milissis, but explained that the Market operates differently than other organizations once receiving funding by the City. He discussed the value he sees in keeping the Market a part of the City. Alderman Mazzuca asked if the Market should be a self-sustaining enterprise. There was a consensus for the market to be self-sustaining. Alderman Mazzuca asked who should serve as the Market Master. Alderman Milissis explained that he was in favor of the volunteer model, but would want any future selection made through the Mayor s Advisory Board (MAB). He asked about the Farmers Market Committee. Ms. Grunschel provided additional information about the roles of those on the Committee. The Committee is independent of the MAB model. Alderman Milissis explained that he would like to see the Committee follow the process of appointment by the MAB and the Market Master can be appointed by the Mayor or elected by the Committee. Alderman Joyce explained that he likes the way the Market currently operates. He finds the term Market Master to be disruptive. City Manager Gilmore provided a description of the responsibilities of the Market Master. Alderman Mazzuca suggested the duties assigned to Market Master become the collective role of the Committee. City Manager Gilmore indicated that he likes the Committee approach, but would prefer to have one point of contact. Alderman Mazzuca reviewed the consensus from the Council. The Committee would become an official City committee, with a chairperson serving as the point of contact, and members of the Committee would be Mayoral appointments. The Community Preservation and Development Department was selected to supervise the Market. Director Jim Brown explained his experience working with other Farmers Markets and his department s role in issuing business licenses and performing health inspections. Page 4 of 7

22 August 28, 2017 Minutes for the Committee of the Whole Finance and Budget & Procedures and Regulations (Cont.) Alderman Mazzuca presented the final question regarding granting exceptions from the budgeting and procurement process. He explained that he would favor not allowing any exceptions. Alderman Melidosian asked if the Market would be able to maintain its nimble autonomy or would it be subject to warrant approval and check requests. City Manager Gilmore stated that Finance Department could keep the Market within budget and procurement rules. Alderman Joyce questioned what exceptions would be contemplated. He explained that this is a moot point given the minimal amount that is spent. City Manager Gilmore will bring the responses of the Council back to the City Attorney. 2. Stormwater Utility Fee Update City Manager Gilmore explained the fee approved by City Council last year of $0 will take effect on September 1. He explained that Utility Billing CIS has been updated to allow for the addition of a stormwater utility fee. The City is now in a position to implement any fees determined as a result of discussion of the Stormwater Masterplan. C. Human Resources City Manager Gilmore reviewed the Human Resources monthly report. D. Department Head Report V. Procedures and Regulations A. Action Items B. Discussion Items 1. Change City Clerk from an Elected to an Appointed Position Director Brown reviewed the memo provided by the City Attorney and the deadlines for adding a referendum question to the upcoming election ballot. Alderman Mazzuca explained he was hesitant to add a referendum question to the ballot during an election that will likely have low turnout. He would prefer to wait to the November 2018 general election. Alderman Moran agreed. In response to a question from Alderman Melidosian, Director Brown indicated that the appointed Clerk would likely be a staff person. Alderman Milissis questioned what triggered this discussion, other than this being Clerk Henneman s last term. Alderman Moran explained that the position garners a substantial salary and he would not want to see someone run for the position for the wrong reasons. He added that when Clerk Henneman has been out for medical reasons, her responsibilities were moved internally. Clerk Henneman explained that the Clerk position would be downgraded if the person were appointed instead of elected. Alderman Milissis explained that the position of Clerk has been around the longest and he would prefer if the position remained elected. He indicated that the tone of the City Clerk s office is set by whoever is elected. Alderman Milissis added that there has been no call from the residents to make this change so he is not inclined to make any changes to the position. He explained that concerns about the Clerk s salary could still be addressed. Alderman Melidosian explained that he does not have a deep understanding of the responsibilities of the position and the time commitment required. Page 5 of 7

23 August 28, 2017 Minutes for the Committee of the Whole Finance and Budget & Procedures and Regulations (Cont.) Alderman Joyce stated that he is happy to participate in a continuing discussion of this topic, but based on what he has heard thus far, he sees no merit in a referendum question on the ballot. Alderman Wilkening indicated that she agreed with Alderman Mazzuca and Moran and was in favor of a referendum question in the November 2018 election. She explained that the discussion would continue at a later date. 2. Consider Amending Complementary Service Class S-4 Specialty Liquor License to Include Spirits Director Brown reviewed the request of Neenu Gupta, owner of Bottle & Botega, as well as comment on the topic sent by City Attorney Adam Simon. Ms. Gupta reviewed the business model of Bottle & Botega. She explained that while she does have a complementary liquor license, she does not serve but instead follows the BYOB guidelines. She indicated that patrons have requested to bring in spirits due to personal preference or allergies. Alderman Moran asked if patrons were charged more when bringing in alcohol. Ms. Gupta explained that they are not. Alderman Joyce indicated that he did not find the comments from the attorney to be helpful for this discussion. He does not have a problem with extending the license to include spirits. Alderman Milissis stated that he would like the license to remain unchanged. Alderman Mazzuca, Melidosian and Wilkening agreed. Ms. Gupta addressed concerns that allowing liquor would enable patrons to get drunk. She explained that patrons typically do not consume a significant amount. Ms. Gupta emphasis how her business brings in individuals from Chicago and other surrounding suburbs, who then cater food and purchase wine from local businesses. Alderman Wilkening stated that there was not a consensus to amend the S-4 Complementary. Ms. Gupta request consideration for wine coolers. Alderman Melidosian asked if there was a definition of wine cooler under the state liquor requirements, implying that perhaps it would fall under beer and wine. Alderman Mazzuca asked that the City Manager follow-up with Ms. Gupta regarding wine coolers. C. Upcoming P&R Items 1. Future P&R Agenda Recommendations Director Brown requested feedback from the Council regarding upcoming P&R agenda recommendations, specifically if they did not agreed with the indicated staff recommendation. Alderman Mazzuca indicated that he agreed with the recommendations, with a couple exceptions. He stated that if the modifications to valet parking were removed from P&R, it would be discussed through Finance & Budget. Secondly, he explained that he was not comfortable with some of the rules for public comments laid out in the attorney letter. He would like to leave the rules for comment at the discretion of the meeting Chair. Alderman Melidosian asked for an update on the Murphy Lake infill ordinance. Director Brown explained that he and City Attorney Tappendorf meet with the HOA and asked that they pursue covenants. If a bona fide effort were made to no avail, the issued would come before the City Council. Alderman Moran added that covenants are the most effective way for the HOA to accomplish their goals because the covenants are recorded with the land. Page 6 of 7

24 August 28, 2017 Minutes for the Committee of the Whole Finance and Budget & Procedures and Regulations (Cont.) D. Department Head Report Director Brown reviewed staffing changes in his Department and the improved turn around for building permits. VI. VII. New Business Adjournment The meeting adjourned at 9:18pm. Note: The minutes are a summary of business transacted at the meeting. They are not a verbatim copy of the recording. Page 7 of 7