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Park Ridge City Council Minutes

Park Ridge City Council met Monday, July 18.

The Park Ridge City Council is composed of the mayor, city clerk and seven aldermen, one from each of the city’s seven wards.

CITY OF PARK RIDGE

505 BUTLER PLACE PARK RIDGE, IL 60068 TEL: 847-318-5200 FAX: 847-318-5300 TDD: 847-318-5252 www.parkridge.us

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

CITY HALL COUNCIL CHAMBERS 505 BUTLER PLACE PARK RIDGE, IL 60068

MONDAY, JULY 18, 2016 AT 7:00 P.M.

Acting Mayor Maloney called the meeting to order at 7:00 p.m.

I. Roll Call

City Clerk Henneman read the roll call and the following elected officials indicated their presence: Ald. Milissis, Shubert, Knight, Mazzuca, and Acting Mayor/Ald. Maloney.

Ald. Van Roeyen was absent. Ald. Moran was not physically present, but participated electronically. There was a quorum.

Staff present: J. Gilmore, J. Sorensen, P. Lisowski, F. Kaminski, J. Tappendorf, C. Peterson, J. Testin, W. Zingsheim

II. Pledge of Allegiance

Attendees of the meeting pledged their allegiance to the United States flag.

III. Approval of Minutes

1. Regular City Council Meeting – July 5, 2016 Moved by Ald. Milissis. Seconded by Ald. Shubert. Motion carried; voice vote.

2. Committee of the Whole Meeting – July 11, 2016 Moved by Ald. Milissis. Seconded by Ald. Shubert. Motion carried; voice vote.

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.

VII.F.1. Approve the final reading of ordinance modifying Article 4, Chapter 7, eliminating the

Electrical Commission VII.G.1. Approve the contract for SCADA System Upgrade and Replacement with Wunderlich-

Malec, 937 National Avenue, Addison, Illinois 60101 and purchase order authority in the amount of $24,200.00 VII.G.2. Approve a Purchase Order Increase for Goodmark Nurseries, LLC, 8920 Howe Road,

Wonder Lake, Illinois for fall tree purchases in the amount of $8,650.00

Journal of the Proceedings / July 18, 2016 Regular Meeting of the Park Ridge City Council (Cont.)

VII.G.3. Approve the contract for Cleaning and Custodial Services, PW-FY17-08, with Perfect Cleaning Service Inc., 5852 North Northwest Highway, Chicago, Illinois 60631 in the amount of $40,560.00 VII.G.4. Approve the contract for Upfitting of Two (2) Ford 450 Vehicles, PW-FY17-07, to Monroe Truck Equipment, 1051 West 7th Street, Monroe, Wisconsin 53566 in the amount of $59,278.00 VII.I.1. Approve FY16 warrants for period ending July 15, 2016 reviewed by Ald. Moran in the amount of $4,472.60 VII.I.2. Approve FY17 warrants for period ending July 15, 2016 reviewed by Ald. Moran in the amount of $1,398,317.76 VII.I.3. Approve the final reading of ordinance amending Article 13, Chapter 16 of the Municipal

Code, Parking Meter Rates VII.I.4. Approve the final reading of Ordinance amending Article 2, Chapter 9 of the Municipal Code and Council Policy Statement 18, Procurement Rules and Requirements VII.I.5. Approve the contract and purchase order for Indoor Wireless Solution FN-FY16-04 in the amount of $31,022.45 to Equilibrium IT Solutions Inc. Moved by Ald. Shubert. Seconded by Ald. Knight.

ROLL CALL AYES: Ald. Milissis, Shubert, Knight, Mazzuca, and Maloney (5) NAYS: None (0) ABSENT: Ald. Van Roeyen and Moran (2) ABSTAIN: None (0) Motion carried, 5 – 0.

V. Reports of City Officials

A. Mayor’s Report

1. Legislative update No report.

2. Approve appointments to the following Boards and Commissions:

Community Health Commission Melissa Hulting, term ending 8/31/2018, and Timothy Milburn, term ending 8/31/2018, and Andrea Cline, term ending 8/31/2018 Moved by Ald. Mazzuca. Seconded by Ald. Shubert.

Motion carried; voice vote.

O’Hare Airport Commission Stephen Judge, term ending 7/31/2019 Moved by Ald. Mazzuca. Seconded by Ald. Shubert.

Motion carried; voice vote.

Acting Mayor Maloney thanked the volunteers for providing their service to the City.

B. City Council No report.

C. City Attorney No report.

D. City Clerk No report.

E. City Manager No report.

Journal of the Proceedings / July 18, 2016 Regular Meeting of the Park Ridge City Council (Cont.)

VI. Citizens who wish to address the City Council on a non-agenda item

John Humm (517 Parkwood) addressed traffic control issues on Dee Road; he requested a review for existing controls due to a recent accident. He asked that speed limits be reviewed for Dee Road, from Touhy to Oakton. He indicated there is no school speed limit at the crossing at Sibley. He spoke about the history of the road and the new developments he believes are causing traffic increases. He also spoke about the crossing gates at Metra which in his opinion are timed incorrectly. Acting Mayor Maloney asked Public Works Director and the Police Chief to investigate further.

Frank Abino, one of the owners of Park Valet (Shakou) would like to increase the loading/drop-off zone in front of the restaurant to 2.5 - 3 spots from 4:30 p.m. to close. They would offer complementary valet service to anyone who asks and are currently working with neighboring businesses. Acting Mayor Maloney explained that no action could be taken at this time. Director Zingsheim and Ald. Shubert agreed to add this as an agenda item on the July 25 COW agenda as an action item. Area businesses were invited and the owners of Park Valet asked to return next Monday.

Karen Sloma (325 Talcott) presented a few questions regarding the 400 Talcott development. She did not understand how the new site plan could be used by the new owner. Attorney Tappendorf explained it was zoning approval and zoning runs with the land, not the owner. It is granted to the property.

Pat Livensparger (413 Courtland) questioned where in the IL statute does it specify that a site plan is a zoning action. Attorney Tappendorf indicated it was in the City’s Zoning Code as a zoning process. Ms. Livensparger indicated that she was provided information by a prominent land use attorney in town who indicated that IL law is silent on the issue of site approval and there is no protected right with a site approval. Acting Mayor Maloney indicated the City Attorney has provided an opinion. Ms. Livensparger opined that the owner must follow the new ordinance and believes the City may be getting bad advice.

Tom Harris (316 Talcott) commented about judge’s order regarding the 400 Talcott case ordering the City to approve the plaintiff’s site plan application last November 2015. He indicated that 15-7-9, in regards to the Appearance Commission, speaks about a pre-application conference and read the section aloud. He petitioned the City since he did not believe it should be going before the Appearance Commission at all. Based upon the pre-application conference, Mr. Harris did not believe it should move forward to the Appearance Commission. He passed around information that he compiled. In his opinion, the case did not meet criteria of the Urban Development Guidelines.

Missy Langan (1924 Canfield) expressed her discontentment regarding this matter. Acting Mayor Maloney explained to Ms. Langan that he has continued to welcome open dialogue during public comment; however, it is not a time for debate or argument and it just might be that people do not like what is happening. The City will support the City Attorney’s opinion. Ms. Langan believes perhaps there are questions that could be asked; there is precedence; there has been a method of addressing, implementing, and enforcing the zoning ordinance. Lately, she said it has “morphed.” She believes it is the legislators who should be able to ask questions. She agreed that the site plan is a part of the required preliminary portion of the application process and when legislative action is taken on a property due to a variance or site plan in the form of an ordinance, it is attached to the land. However, she could not find in the City’s Zoning Ordinance that suggested that the preliminary application process of a site plan is an approval by the legislative body followed by ordinance that runs with the land. Her question to the City attorney was “When is an application no longer an application?”

According to Attorney Tappendorf, the site plan was approved by court order; it is an approved site plan. She indicated that it was not accurate to say this is a preliminary site plan. The development would not need to be reviewed by Planning and Zoning (P&Z) if it was built as approved by the court. The new owner is entitled to build the development as it is approved. However, if changes were made, the process is set in the City Code how to process minor or major changes. Minor changes are considered administratively; major changes require a revised application and would return to P & Z. There were too many uncertainties for Attorney Tappendorf to answer Ms. Langan’s second question in regards to a new application having to meet the current zoning ordinance.

In response to a question from Tom Mayer (316 Talcott), Attorney Tappendorf explained that the process is set in the City code; she explained further details. Pre-application is optional. Design Guidelines were not addressed or bound in the court order.

Journal of the Proceedings / July 18, 2016 Regular Meeting of the Park Ridge City Council (Cont.)

Pat Livensparger (413 Courtland) questioned whether this project would need to conform to the ordinance that was in place when it was purchased when it is gets zoning review. Again, Attorney Tappendorf was unable to answer the question with so many uncertainties with the case.

VII. Reports of Boards and Commissions

A. Planning and Zoning Commission – Ald. Van Roeyen No report.

B. Zoning Board of Appeals – Ald. Moran

1. Approve the final reading of ordinance for the following variances at 1200 Elm Street, Case Number V-16-07:

a. Per section 11.4.E.6.d, that will allow for the installation of a low density polyethylene fence, which is not an allowed “type of fence material” in Park Ridge; and b. Per section 11.4.E.2.b.iii, that will allow for the installation of an 8’ tall gray fence of low density polyethylene material, which would run along the Union Pacific Railroad’s right-of- way; and c. Per section 11.4.E.2.a, that will allow for the installation of a five foot ornamental aluminum fence, black in color, to run from the north corner of the lot, along Greenwood Avenue, to the corner of the building as shown in Exhibit 10 Moved by Ald. Mazzuca. Seconded by Ald. Milissis.

Director Testin explained, this is the second reading. Originally four variances were requested, one which was denied by the Zoning Board of Appeals (ZBA). The denial was upheld by the City Council. Director Testin recognized the ZBA for its efforts to keep this case moving by scheduling its meeting sooner than normal to make certain the minutes and findings of fact were approved before the City Council meeting.

ROLL CALL AYES: Ald. Knight, Maloney, and Milissis (3) NAYS: Ald. Shubert and Mazzuca, (2) ABSENT: Ald. Van Roeyen and Moran (2) ABSTAIN: None (0) Motion failed, 3 – 2.

According to Attorney Tappendorf, the motion failed. There would need to have been 4 favorable votes in order for the motion to pass. Discussion between the Acting Mayor and Attorney Tappendorf revealed that state statute allows for a member to vote electronically. A brief recess was called to further verify whether that was a Council Policy Statement that prevented Aldermen from voting electronically.

A five minute recess was called 7:54 p.m. The Council reconvened at 8:03 p.m.

Council Policy Statements (CPS) were reviewed and it was determined that CPS 35 disallows electronic voting which supersedes state law.

Motion to reconsider. Moved by Ald. Mazzuca. Seconded by Ald. Knight.

ROLL CALL AYES: Ald. Knight, Mazzuca, Maloney, and Milissis (4) NAYS: Ald. Shubert (1) ABSENT: Ald. Van Roeyen and Moran (2) ABSTAIN: None (0) Motion carried, 4 – 1.

Motion to defer the matter until July 25 at a Special Meeting Moved by Ald. Knight. Seconded by Ald. Mazzuca.

Ald. Mazzuca did not think a gated community in this area makes any sense. He believes that if the required vote count had been disclosed earlier, the outcome may have been different. He is trying to support the full Council by offering the motion to reconsider.

Journal of the Proceedings / July 18, 2016 Regular Meeting of the Park Ridge City Council (Cont.)

ROLL CALL AYES: Ald. Mazzuca, Maloney, Milissis, Shubert and Knight (5) NAYS: None (0) ABSENT: Ald. Van Roeyen and Moran (2) ABSTAIN: None (0) Motion carried, 5 – 0.

C. Liquor License Review Board – Acting Mayor Maloney

1. Approve first reading of ordinance approving one additional Class “P” Liquor License and reducing the number of “R” Licenses by one Moved by Ald. Knight. Seconded by Ald. Shubert.

The applicant requesting the additional license was present. The application was reviewed earlier in the evening by the Liquor License Review Board and approved unanimously by all members present.

ROLL CALL AYES: Ald. Milissis, Shubert, Knight, Mazzuca, and Maloney (5) NAYS: None (0) ABSENT: Ald. Van Roeyen and Moran (2) ABSTAIN: None (0) Motion carried, 5 – 0.

D. O’Hare Airport Commission – Ald. Mazzuca Ald. Mazzuca announced the next OAC meeting is scheduled for August 20.

E. Historic Preservation – Ald. Shubert No report.

F. Procedures and Regulations Committee – Ald. Mazzuca 1. Approve the final reading of ordinance modifying Article 4, Chapter 7, eliminating the

Electrical Commission / Approved by omnibus vote

G. Public Works Committee – Ald. Shubert 1. Approve the contract for SCADA System Upgrade and Replacement with Wunderlich-

Malec, 937 National Avenue, Addison, Illinois 60101 and purchase order authority in the amount of $24,200.00 / Approved by omnibus vote

2. Approve a Purchase Order Increase for Goodmark Nurseries, LLC, 8920 Howe Road, Wonder Lake, Illinois for fall tree purchases in the amount of $8,650.00 / Approved by omnibus vote

3. Approve the contract for Cleaning and Custodial Services, PW-FY17-08, with Perfect Cleaning Service Inc., 5852 North Northwest Highway, Chicago, Illinois 60631 in the amount of $40,560.00 / Approved by omnibus vote

4. Approve the contract for Upfitting of Two (2) Ford 450 Vehicles, PW-FY17-07, to Monroe Truck Equipment, 1051 West 7th Street, Monroe, Wisconsin 53566 in the amount of $59,278.00 / Approved by omnibus vote

5. Approve the contract for Professional Engineering Services for City Hall Parking Lot

Improvements with Christopher B. Burke Engineering, Ltd., 9575 West Higgins Road, Rosemont, Illinois 60018 in the amount of $16,200.00 Moved by Ald. Shubert. Seconded by Ald. Milissis.

Ald. Mazzuca indicated that he voted against this item at the committee level. Instead of outsourcing, he would prefer staff engineers to take on projects if possible. Director Zingsheim explained that the engineers on staff are civil engineers, not electrical or structural engineers. Furthermore, he indicated

Journal of the Proceedings / July 18, 2016 Regular Meeting of the Park Ridge City Council (Cont.) that it does not make good money sense to keep those types of engineers on staff due to the infrequency of need.

ROLL CALL AYES: Ald. Shubert, Knight, Maloney, and Milissis (4) NAYS: Ald. Mazzuca (1) ABSENT: Ald. Van Roeyen and Moran (2) ABSTAIN: None (0) Motion carried, 4 – 1.

H. Public Safety Committee – Ald. Milissis 1. Approve Resolution & Intergovernmental Agreement with Norwood Park Fire Protection District Moved by Ald. Milissis. Seconded by Ald. Knight.

Ald. Milissis explained that additional information was provided based on Ald. Mazzuca’s request. Costs would be negligible based on the available statistics. Fire Chief Sorensen and Executive Officer Lisowski briefly spoke.

Ald. Mazzuca was appreciative for the numbers included in the memo. He was curious to know how the City would monitor any changes in rates by other communities. Executive Officer Lisowski spoke of a survey that is provided annually; the City will need to remember to monitor the survey.

ROLL CALL AYES: Ald. Mazzuca, Maloney, Milissis, Shubert, and Knight (5) NAYS: None (0)

ABSENT: Ald. Van Roeyen and Moran (2) ABSTAIN: None (0) Motion carried, 5 – 0.

Ald. Milissis commented on the recent acknowledgment of the City’s Police Officers’ by area residents expressing their support in various manners. He reported that operations at the Taste of Park Ridge went well. He also announced that a home scheduled to be demolished was offered for fire safety training. Lastly, he reported that fire hydrant flushing continues through the City.

I. Finance and Budget Committee – Ald. Knight 1. Approve FY16 warrants for period ending July 15, 2016 reviewed by Ald. Moran in the amount of $4,472.60 / Approved by omnibus vote

2. Approve FY17 warrants for period ending July 15, 2016 reviewed by Ald. Moran in the amount of $1,398,317.76 / Approved by omnibus vote

3. Approve the final reading of ordinance amending Article 13, Chapter 16 of the Municipal Code, Parking Meter Rates / Approved by omnibus vote

4. Approve the final reading of Ordinance amending Article 2, Chapter 9 of the Municipal Code and Council Policy Statement 18, Procurement Rules and Requirements / Approved by omnibus vote

5. Approve the contract and purchase order for Indoor Wireless Solution FN-FY16-04 in the amount of $31,022.45 to Equilibrium IT Solutions Inc. / Approved by omnibus vote

VIII. New Business – For announcement, deliberation, and/or discussion only; no official action will be taken. Ald. Mazzuca inquired about the information received regarding Local 150. Acting City Manager Gilmore explained it was for informational purposes only.

Journal of the Proceedings / July 18, 2016 Regular Meeting of the Park Ridge City Council (Cont.)

Acting Mayor Maloney and Ald. Knight explained details relating to the 5th Annual Mayor Dave Schmidt’s Grilling for the Arts event will take place on Friday which is sponsored by Whole Foods and will be donating all food items.

IX. Adjournment

The meeting adjourned at 8:20 p.m.

Note: The minutes are a summary of business transacted at the meeting. They are not a verbatim copy of the recording.

Transcribed by:

______________________________ Cheryl L. Peterson, Deputy Clerk

Approved by the City Council this 1st day of August, 2016.

ATTEST:

______________________________ ______________________________

Marty Maloney, Acting Mayor Betty W. Henneman, City Clerk

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