JOURNAL OF THE PROCEEDINGS OF THE REGULAR CITY COUNCIL MEETING City of Park Ridge Council Chambers 505 Butler Place Park Ridge, IL 60068 Monday, July 18, 2011 Mayor Schmidt called the meeting to order at 7:25 p.m. I. ROLL CALL City Clerk Henneman read the roll call. The following Elected Officials indicated their presence at the meeting: Ald. Sweeney, Di Pietro, Smith, Raspanti, Knight, Bernick, Maloney and Mayor Schmidt. There was a quorum. II. PLEDGE OF ALLEGIANCE Attendees of the meeting recited the Pledge of Allegiance. III. APPROVAL OF MINUTES a. Ald. Sweeney moved approval of the regular City Council meeting minutes of June 20, 2011. Seconded by Ald. Di Pietro. Voice Vote / IV. CONSENT AGENDA Items listed under the Consent Agenda were considered as routine by the City Council and were enacted by one motion. No separate discussion took place on the listed items unless indicated. ZONING BOARD OF APPEALS a. Final approval of an Ordinance for a variance to allow an office use with seven off-street parking spaces, instead of the twelve required by Section 12.13, Table 9 at 416 West Talcott Road, Zoning Case Number V- 11-10 b. Final approval of an Ordinance for a variance to allow the existing building to be demolished, retaining the foundation with a required rear yard setback of seven feet, instead of ten feet as required by Section 9.3, Table 7 at 1908 Weeg Way, Zoning Case Number V-11-11 PROCEDURES & REGULATIONS COMMITTEE a. Approve modification to Historic Preservation Ordinance b. Approve lease renewal ATT Parking Lot Lease c. Approve ONCC Resolution PUBLIC WORKS a. Approval of a contract for the 2011/2012 Watermain Program, $391,362 b. Waive the first reading of the 2011/2012 Mandatory Sidewalk Replacement Ordinance c. Final approval of the 2011/2012 Mandatory Sidewalk Replacement Ordinance FINANCE AND BUDGET COMMITTEE a. Amend the City s revenue recognition policy for all non enterprise Fund, non-property tax revenue 10 120 days effective with fiscal year end 4/30/11 per the recommendation of the external auditors management letter for fiscal year end 4/30/10 b. Authorize the purchase order for Tyler Technologies (MUNIS) for an amount not to exceed $52,000 for the period 8/7/11 through 9/6/12 1
c. Approve warrants reviewed by Ald. Bernick for the period ending July 15, 2011 in the amount of $1,958,318.06 Ald. Di Pietro moved approval of the Consent Agenda. Seconded by Ald. Raspanti. AYES: Ald. Di Pietro, Smith, Raspanti, Knight, Bernick, Maloney, Sweeney, NAYS: None V. REPORTS OF CITY OFFICIALS MAYOR a. Ald. Di Pietro moved approval of the following volunteers to Boards & Commissions: Library Boards of Trustees: John Benka, John Schmidt and Robert Trizna (terms ending 6/30/2014) Planning & Zoning Commission: John Kocisko (term ending 9/1/2012) and Crystal Zamaities (term ending 9/1/2015). Seconded by Ald. Raspanti. Former Mayor Howard Frimark (311 N. Aldine) spoke as a concerned citizen against the appointment of Robert Trizna to the Library Board. Frimark said that Trizna indicated on his resume to be the current editor of ParkRidgeWatchdog.org. Frimark described the blog as a negative site that makes derogatory comments about citizens, officials and governmental bodies within the community. Frimark believes people are being deceived into believing that the Watchdog is a legitimate City website since Trizna is using the City flag. Additionally, Frimark said that Trizna once led a referendum drive against the library. Frimark does not find him fit to serve on a board with dedicated library members. He believes Trizna has committed 1131 offenses of the Park Ridge Municipal Code, Section 2.1.3 by using the Park Ridge flag inappropriately. Frimark requested deferral of the appointment until the matter could be investigated and an opinion rendered by the City Attorney. Bob Trizna (300 Thames Pkwy) admitted he is owner and editor of the aforementioned website. He believes the use of the flag on the blog is within the letter of the law. However, he understands that if he were in violation, the City would need to take appropriate action. He explained the referendum issue Frimark spoke about. He and other residents were against tearing down the current library to build a new one. He finds the library to be very helpful and frequently visits the facility. He looks forward to serving as a Library Board member. He addressed questions brought forth by Ald. Bernick. Ald. Smith verified the consistency of City Ordinance 2.1.3 with Attorney Hill relative to the Copyright Fair Use Doctrine. Attorney Hill believes the Ordinance is consistent, but without investigating the matter, could not comment whether there has been an infringement. He indicated that the blog has complete constitution protection. Lloyd Godfrey (1318 Elliot) disagreed with Mayor Frimark s suggested direction to defer the matter. He believes the issue is a trivial matter and supports the appointment of Mr. Trizna. Attorney Hill indicated there was no ethics violation. Discussion ensued among the Aldermen regarding the appointed of Mr. Trizna to the Library Board. Ald. Di Pietro and Knight spoke in support of Trizna s appointment. Ald. Bernick expressed opposition. Mayor Schmidt commented on Frimark s accusation of cronyism and the need to accept criticism. He said that he was provided a full analysis of reasons why appointments were appropriate. 2
On roll call vote (to approve R. Trizna s appointment): AYES: Ald. Smith, Raspanti, Knight, Maloney, Sweeney and Di Pietro NAYS: Ald. Bernick On roll call vote (to approve remaining appointments): AYES: Ald. Raspanti, Knight, Bernick, Maloney, Sweeney, Di Pietro and Smith NAYS: None Mayor Schmidt thanked and recognized the volunteers for their interest in serving the community. b. Chief Kaminski and Mayor Schmidt recognized Olivia and Van Owens for making the right choice. On June 12, 2011 Olivia and Van found a bag containing needles and a white powder substance. The children recognized the possible danger and turned the bag over to the police. Both were presented with a Certificate of Recognition. c. Herb Zuegel reported that Kalo Foundation, with the help of many citizens, raised enough funds to enter into a contract to purchase the Iannelli Studio property. It will be named the Iannelli Studios Heritage Center and serve as a museum, business and visitors center, classroom and art studio. Mayor Schmidt reported, at the Special City Council meeting held on July 14, 2011: d. He would like to establish protocol for when the Everbridge system is activated. e. Mayor Schmidt requested City Manager Hock to appoint a senior staff member to be the City s ComEd Liaison. The person would gather information on issues, follow-up on issues and report information to the Council on a regular basis. Both items will be readdressed at the August 15, 2011 meeting. f. Chief Kaminski reported on traffic issues regarding the opening of the Des Plaines casino. He said the department will be seeking assistance through grants to get additional officers on patrol in the area near the casino. Additionally, he would provide reports after traffic adjusts (3,6 and 9-month report). However, Mayor Schmidt requested it be placed on the Committee of the Whole Public Safety agenda until further notice. Mayor Schmidt questioned Director Zingsheim about quantifying the wear and tear on Devon and Touhy. Ald. Sweeney suggested using traffic counters. According to Engineer Mitchell, IDOT should have current data count information. g. Mayor Schmidt requested Deputy City Manager Maller provide the Council with regular monthly reports relating to community development. Mr. Hock explained that an internal group was formed, a Development Review Committee, that includes staff from various departments. The committee meets on the third Tuesday of each month. Minutes will be taken and provided to the Council. h. Mr. Hock said a notice has been posted on the City website regarding the heat advisory directing residents to cooling centers in the area. Mayor Schmidt was concerned about the elderly and those not signed up for Everbridge. According to City Manager Hock, the city could utilize CERT (Community Emergency Response Team) members if necessary. Ald. Sweeney suggested releasing a message prior to the impending heat wave. Ald. Raspanti and Maloney followed up on Ald. Maloney s suggestion about getting the Center of Concern involved with calling residents for well being checks verses the City calling shut-ins. Mayor Schmidt asked residents to check on neighbors who are elderly or shut-ins. CITY COUNCIL No report. 3
ATTORNEY No report. CITY CLERK City Clerk Henneman reported that the Fifth International Conference of Alumni and Friends of St. Mary s High of Sagada, Mountain Province in Northern Philippines has scheduled their reunion in Park Ridge, August 4-7, 2011. Approximately 200 people worldwide will be attending their meeting, which will be held at St. Mary s Episcopal Church. The Elected Officials have been extended an invitation to attend their Mountain Night, an evening of cultural presentations on August 6, 2011. City Clerk Henneman provided direction to the Elected Officials to view their professional photo proofs taken earlier in the evening online. The Council s group photo will be placed in the lobby of City Hall. CITY MANAGER City Manger Hock explained that he has been in communication with an attorney regarding the supplemental Environmental Impact Statement (EIS) letter for the Federal Aviation Administration (FAA). He will keep the Elected Officials informed accordingly. VI. CITIZENS COMMENTS ON NON-AGENDA ITEMS No comments. VII. REPORTS OF BOARDS, COMMISSIONS AND COMMITTEES A. SPECIAL COMMITTEES, BOARDS AND COMMISSIONS Planning & Zoning Commission- Ald. Bernick No report. Zoning Board of Appeals - Ald. Bernick a. Final approval of an ordinance for a variance to allow an office use with seven off-street parking spaces, instead of the twelve required by Section 12.13, Table 9, at 416 West Talcott Road, Zoning Case Number V-11-10. Seconded by Ald. Di Pietro. b. Final approval of an ordinance for a variance to allow the existing building to be demolished, retaining the foundation with a required rear yard setback of seven feet, instead of ten feet as required by Section 9.3, Table 7, at 1908 Weeg Way, Zoning Case Number V-11-11. Seconded by Ald. Di Pietro. Liquor License Review Board Mayor Schmidt No report STANDING COMMITTEE REPORTS Procedures & Regulations Committee Ald. Di Pietro a. Approve modification to Historic Preservation Ordinance b. Approve Lease renewal - ATT Parking Lot Lease 4
c. Approve ONCC Resolution d. Ald. Di Pietro moved the City Council direct the City s Planning & Zoning Commission to conduct a Public Hearing to consider an amendment to the Zoning Ordinance that would remove the total prohibition against off premise advertising on certain kinds of governmental property. Seconded by Ald. Sweeney. Ald. Di Pietro informed the Council that Dr. Ken Wallace, School District 207 Superintendent, was present at the meeting. Ald. Di Pietro indicated that his motion would move the matter before the Council back into the normal process. Attorney Hill did not believe Ald. Di Pietro s motion was a motion to grant or deny District 207 s right to move forward with their electronic signage, but rather a motion to allow some governmental bodies to allow this type of signage. Mayor Schmidt found the motion to be questionable. He explained discussion at the previous Committee of the Whole involved sending the Maine South matter to the Planning and Zoning Commission. Ald. Di Pietro explained the intent of the motion is to have District 207 go before Planning and Zoning for a Public Hearing. Ald. Sweeney had the understanding that the school did not require the City s permission for the sign. Mayor Schmidt explained several instances when governmental bodies came before the City for Zoning approval: Franklin School came before the City for the parking lot and the Park District came before the City regarding the Cell Tower matter. Mayor Schmidt believes the City Attorney s opinion that School District 207 does not need to follow the Zoning Ordinance is incorrect. The Mayor requested an analysis. Attorney Hill stated that he did not render a written opinion previously but is happy to provide one at the Mayor s request. Attorney Hill s prior opinion to staff was that because this does involve the content of speech entirely on school property, that I don t believe we have jurisdiction. He explained, signs on private property need the permission of the property owner and a permit issued by the City. However, a sign on public property requires permission of the owner, or the permission of the Zoning Administrator. Attorney Hill also said he told School District 207 he did not want this issues used as a precedent for imposing the City s Zoning Ordinance. Mayor Schmidt believes the City takes the position that they can impose regulation of sign on governmental bodies, with the exception of this instance. He believes the City stepped outside their bounds. He reviewed and read portions of prior correspondences between the City and the School District 207. Mayor Schmidt does not believe it is a free speech issue but rather whether the sign is allowed under the City s Zoning Ordinance. The matter is confusing since the City Attorney does not believe the school needs to follow the Zoning Ordinance yet in a letter from the School to the City, the school admits that the City has the right to impose the Zoning Ordinance on the School District. Ald. Sweeney does not believe that the Council should be second-guessing staff. According to the Sign Ordinance, only staff approval is required. He has been requesting that the Sign Ordinance be reviewed for some time. In reply to a question brought forth by Ald. Maloney, Attorney Hill explained the appeal process. Additionally, Hill said that under the current ordinance, a legitimate argument could be made that a governmental unit is not required to obtain a permit. Judy Barclay (524 Courtland) read various sections of the Sign Ordinance. She believed there was a conflict of information provided by the City Attorney and his interpretation verses what is contained within the Ordinance. She also questioned the origination of a Letter of Acknowledgement relating to the sign as a Freedom of Speech issue. She believes the letter was sent from staff to the High School. In her opinion, the matter is a zoning issue and needs to be heard before the Planning and Zoning Commission. Pat Livensparger (413 Courtland) believes this is an example of when the process is not known or followed and when staff has overstepped their authority. She indicated that the matter went unaddressed for seven months, called the matter nonsense, and questioned the consequence. Ken Wallace (1901 Newton), District 207 Superintendant provided a few examples of how the City works regularly with District 207 on many cooperative partnerships. Dr. Wallace said there were no negotiations regarding the matter, only discussions. He indicated that the sign would be used only during games with an expectation to eventually generate revenue that is not taxed. Furthermore, he added there was never any 5
intention to circumvent the City s process. Mayor Schmidt acknowledged the working relationship between the City and School District. Dr. Wallace believes Attorney Hill had been consistent with his position. Mayor Schmidt explained he is faulting City staff for not making the School District go through the process. Ald. Smith questioned Dr. Wallace on the projected revenue from the sign. Ald. Bernick requested that Dr. Wallace define communication with the City. Paul Sheehan (315 Elmore) expressed his support for the proposed sign plans for School District 207. While Mr. Sheehan thanked and recognized the school on their many achievements, Mayor Schmidt redirected Mr. Sheehan and asked him to limit his comments to the sign matter before the Council. Mr. Sheehan spoke of the tax caps for the School District and City, respectively. He would not want to see taxpayer money used in a suite between the School District and the City. Ald. Di Pietro was hopeful that Special Meetings of the Planning and Zoning Commission and City Council be arranged to expedite the matter. Ald. Sweeney commented on the motions. He reiterated, the City Attorney who is knowledgeable on zoning laws has provided an interpretation. Ald. Sweeney would like to vote on the District 207 signs independently. Additionally, he suggested sending the Zoning Ordinance to Planning and Zoning for a text amendment. He will not be supporting a vote to send the District 207 sign matter to Planning and Zoning. City Manager Hock indicated that the Zoning Administrator meets with the City Attorney to review issues. The City relies on advice provided by the attorney. In this case, staff was told that the City could not regulate signs for District 207. Therefore, City Manager Hock does not view this as a policy issue. Additionally, he believes that Ald. Di Pietro s motion may indicate a presumption that the city can control the regulation. He has difficulty understanding how the matter could be retroactive. Ald. Raspanti questioned City Manager Hock about the other matters that have been presented to the City by District 207. He has a problem with the inconsistency of what should or should not be presented to the City. Ald. Smith believes the various governmental bodies should have a right to regulate what is done on their property. Ald. Maloney further questioned City Attorney Hill about other regulations imposed upon other governmental bodies on their property. Attorney Hill opined that the City would insist that school districts and park districts abide by the City s Zoning Ordinance relative to zoning matters. He clarified; the matter was not a First Amendment issue. The City is attempting to regulate the type of speech the school can be place on their scoreboard. Attorney Hill did not believe this was a situation where the City would want to test the City s jurisdiction and possibly settle the issue in court. Mayor Schmidt wished this information had been shared with the Council and blamed the matter on a failing by staff. He believes the integrity of the process is the issue. After discussion among the Aldermen of the wording of the motion, Ald. Di Pietro indicated that he was comfortable with the way it was worded and that the City Attorney had reviewed it. AYES: Ald. Knight, Bernick, Maloney, Di Pietro and Raspanti NAYS: Ald. Sweeney and Smith Public Works Committee Ald. Maloney a. Approval of a Contract for the 2011/2012 Watermain Program, $391,362 b. Waive the first reading of the 2011/2012 mandatory Sidewalk Replacement Program 6
c. Final approval of the 2011/2012 mandatory Sidewalk Replacement Program Public Safety Committee Ald. Raspanti No report. Finance and Budget Committee Ald. Knight a. Amend the City s revenue recognition policy for all non Enterprise Fund, non-property tax revenue to 120 days effective with fiscal year end 4/30/2011 per the recommendation of the external auditors management letter for fiscal year end 4/30/2010 b. Authorize the purchase orders for Tyler Technologies (MUNIS) for an amount not to exceed $52,ooo for the period 8/7/11 through 9/6/12 c. Approve warrants, reviewed by Ald. Bernick for the period ending July 15, 2011 in the amount of $1,958,318.06 Mayor Schmidt announced that a super-majority vote was required for items d, e, and f to amend the 2011-2012 fiscal year budget. f. Ald. Knight moved to approve the amendment to the 2011-2012 Fiscal Year Budget Legislative, $800 AYES: Ald. Knight, Bernick, Maloney, Di Pietro and Raspanti NAYS: Ald. Sweeney and Smith e. Ald. Knight moved to approve the amendment to the 2011-2012 Fiscal Year Budget HR Training, $4,000. Seconded by Ald. Di Pietro. AYES: Ald. Maloney, Sweeney, Di Pietro, Smith, Raspanti and Bernick NAYS: Ald. Knight d. Ald. Knight moved to approve the amendment to the 2011-2012 Fiscal Year Budget Administrative Department Training, $6,000 Line Item 100-1021-943700. Seconded by Ald. Di Pietro. AYES: Ald. Di Pietro, Smith, Raspanti, Bernick and Maloney NAYS: Ald. Sweeney, Knight VIII. NEW BUSINESS Ald. Bernick requested the rescinding of Article 4 Chapter 10, which originally established the O Hare Airport Commission, be placed on the next Committee of the Whole Procedures and Regulations Agenda IX. ADJOURNMENT The meeting adjourned at 9:47 p.m. 7
Transcribed by: Cheryl L. Peterson, Deputy Clerk David F. Schmidt, Mayor Attest: Betty W. Henneman, City Clerk NEXT REGULAR MEETING: Monday, August 15, 2011 at 7:00 p.m. 8