City of Prospect Heights City Council met Nov. 11.
Here is the minutes provided by the Council:
Call to Order – At 6:40 PM, Deputy Clerk Schultheis called to order November 11, 2019 Prospect Heights City Council Regular Workshop Meeting at City Hall, 8 North Elmhurst Road, Prospect Heights, IL 60070.
Roll Call for Quorum - Deputy Clerk Schultheis called roll. A quorum was present.
Elected Officials Present - Mayor Helmer. Treasurer Tibbits, City Clerk Prisiainiouk (arrived at 6:40 PM having given previous notice that she would be late); Alderman - Ludvigsen, Dolick, Morgan-Adams, Cameron and Quinn
Absent – None
Other Officials Present - City Administrator Wade, Assistant to the City Administrator Falcone, Police Chief Zawlocki, Assistant Director of Building and Development Taylor, Deputy Clerk Schultheis, City Attorney O'Driscoll, Director of Public Works Roscoe, Digital Communications Technician Colvin and Finance Director DuCharme.
Pledge of Allegiance - Led by Audience Member and Veteran Rodney Adams
Approval of Minutes
A.October 28, 2019 City Council Regular Meeting Minutes - Alderman Dolick moved to approve the Minutes as presented; seconded by Alderman Morgan-Adams. There was unanimous consent. The approval was unanimous.
Voice Vote: All ayes, no nays
Motion carried 5 - 0
Presentations
A. Presentation by Lexington Homes of Proposed Muir Park Area Development, 1001 Oak
Avenue and Tax Increment Financing Usage - Nate Wynsma discussed plans for the area formerly known as Jolly Fun House at 1001 Oak Avenue. He said that the property has been under contract for a year, and the desire is to turn this into townhomes. The primary hurdle has been lack of water. The developers have approached the Park District about partially buying Muir Park. He noted that there are two scenarios – In Scenario A - there would be 61 units and the area used would only be the former JFH, In Scenario B-there would be 80 units and part of the Park District would be used.
The property being discussed is east of 83 and south of Drake Terrace. Scenario A-61 townhomes at $325,000/unit, completed within 2.5 years, estimated TIF revenue $16.0 million. Scenario B- 80 townhomes at $325,000/unit, completed within three years, estimated TIF revenue of $20.8 million,
City Clerk Prisiajniouk entered the Meeting at 6:40 p.m.
A water system would need to be created - Johnson Research Group is handling the water issue. It was noted by Mr. Wynsma that the costs will be fronted by the developer, and paid back to the developer from the TIF. The developer will also assume the soft costs like the attorney and engineering fees - all are TIF-eligible costs. The City will not assume any upfront costs or risks. The City can use TIF money to expand the boundary of the TIF or declare a surplus and distribute the TIF funds.
A potable water system needs to be developed. In Scenario A - net water operating income will be $36,840 and Scenario B-net water operating income will be $48,480. This water system will be turned over to the City when it is revenue-positive and the City can use the funds as it wishes.
Mr. Wynsma said that Muir Park is part of the City of Prospect Heights Park District. He noted that there is a bike path in the park that will be incorporated into any plans for the developer to use some of the park space.
Aldermen wanted to know why Wheeling denied the developer's request to hook up to the water system. Mr. Wynsma said that there was no political will in Wheeling to provide water.
Alderman Morgan-Adams stated that Muir Park is underused. She also stated that Wheeling only uses 65 percent of its water.
Mr. Wynsma stated that soft costs will be about $150,000 that will be fronted by Lexington.
Alderman Ludvigsen stated that the park was built jointly between Prospect Heights and Wheeling via a grant. Mr. Wynsma said that the baseball fields are not used except for occasional practices.
There was concern that if the baseball fields were removed, the park would be landlocked. Mr. Wynsma noted that building 7,8,9 have a 40-foot easement that runs down the west property line. The easement agreement spells out the right of Park District direct access, and parking will be retained.
There was a question about the amount of vehicles that are at the park during sporting events. Mr. Wynsma said that Home Owners Associations, not the City, would be responsible for the streets.
Alderman Ludvigsen said that there were too many units being suggested for the amount of parking available.
There was the question of water. Aldermen asked why the HOA did not keep control of the water. The reply was that the HOA's do not have expertise in water management and public infrastructure.
It was noted by Alderman Ludvigsen that most of the TIF money will help the school, not the City. He suggested that the City approach the school to get a bigger share of the money. He stated that he did not want the City to take on a TIF or a well. He would rather have an SSA. Alderman Morgan-Adams, in support of the Lexington proposal said that this development would be "small Rob Roy." She noted that the development was being suggested for what is currently vacant land.
Alderman Ludvigsen said that the land should de-annex the property to Wheeling, and try to achieve a "front-end” benefit for the City. He said that Wheeling would let Lexington have water if it were part of Wheeling.
It was noted by the developers that if the City wanted to disconnect the portion to be developed, that would be considered.
It was noted by Lexington, that they wanted some direction from the Council. There was a request for a non-binding resolution on the TIF.
Alderman Morgan-Adams stated that the development property was in her ward, and she would not vote for de-annexation.
Mayor Helmer stated that the City was not ready to take a vote. Instead, it was agreed that two Aldermen would meet the developers. – No action was taken
Presentation of Airport Layout Master Plan by the Chicago Executive Airport - Craig Louden of Crawford Baker and Tilly gave a layout of the CEA master plan. He said that the public participation process was completed. Preferred development concept has been selected.
- All development would be contained within the roadway boundaries, as per the direction of the community.
- Closure of Runway 6/24
- 1 mm sq ft of Hangar Buildings (half in Prospect Heights)
- 2 mm sq ft of Total Development (940,000 sq ft in Prospect Heights)
- Space reserved for stormwater management development.
Wheeling and Prospect Heights will have to approve the final plan sometime in January/February, 2020.
Alderman Dolick asked if Runway 1230 would be widened. Mr. Louden said that it is shown on the plan, and the CEA is working with the FAA to justify that project. It is high on the airline property list and looking for that project to be started within the next five years.
Alderman Ludvigsen said the CEA said it was looking to work within its boundaries but that north of Hintz - he asked if the CEA owned that land.
Mr. Louden said that the CEA purchased the land in the 1990's to facilitate the relocation of the road and is inside the current configuration.
It was questioned whether some of that property that might be encroached upon by the airport is currently outside the airport.
Mr. Louden replied that Palatine Frontage Road that connects Milwaukee Avenue is consistent with the 2009 plan.
Alderman Cameron asked how long after City approval would it take to send to the State?
Mr. Louden replied that it takes 6 - 9 months.
Alderman Cameron asked about the Hintz and Wolf Road - she asked if the land was owned by CEA.
Mr. Louden commented that the land that was owned was north of Hintz, west of Wolf are owned by the airport as part of the Wolf and Hintz relocation of 25 years ago.
Audit Presentation by Eder, Casella & Co. – Rachel Lesbrons gave an overview of the audit. The Opinion Letter was given an unqualified opinion meaning that the City's audit had been approved by the auditors. No deficiencies were found. The Total Net position of the City is $80,000,000. The City's General Fund is currently positioned to be able to survive 7.6 months with no additional funds (a healthy position is considered to be survivability over 6 months). – No action was taken.
Cannabis Committee Update by Chairman Tom Huitink - It was noted that two other committee members - Sandy Stricker and Sharon Hoffman were in the audience. Mr. Huitink said that the Committee unanimously recommended to go forward with the dispensaries. He said that there was not enough time to set up a Town Hall meeting, but that there had been a survey and there would be a public hearing.
- He said that the Committee was in favor of retail dispensaries. he said that the Committee did not think there needed to be a cap on the number because the numbers allowed would be limited.
- He said that dispensaries should be special use but not in the B1 District. - Setbacks are needed. 750 feet was mentioned. - He said that there are only two main thoroughfares in Prospect Heights that could support a dispensary.
- There was a question regarding how non-residents would be able to use cannabis within the City if there were no lounges. A social lounge would allow cannabis smokers to consume the product- as the product will not be allowed in hotels.
- The recommended tax rate that the Committee suggested was less than 3 percent.
Committee member Stricker said that she is a registered nurse. She noted that there are 52 types of diseases whose symptoms are alleviated by medical marijuana. This is not covered by insurance, so patients need a way to get cannabis. She noted that it is a much better drug to use for pain relief than opioids. She also stated that the City should have a lower tax rate than neighboring towns, so that there would be more purchased in the City. Committee Member Hoffman said that she is a substance abuse counselor. It was noted by the Committee members that no one would be able to enter a dispensary unless they were 21.
Alderman Quinn said that there is already a large medical marijuana facility that will be in Northbrook. She said that she does not approve of lounges in the City. She does approve of medical marijuana. She said that the Northbrook facility is projected to make $750,000 in taxes, but studies show that there will not be a windfall profit.
Alderman Cameron said that cannabis is still illegal federally. She wondered if cannabis would be allowed in the workplace.
Chairman Huitink advised that the City cannot prevent everyone from abusing drugs. Companies will have to deal with drug policies.
Alderman Morgan-Adams noted that anyone who wants to dispense cannabis will still need special use approval, and will have to go before the PZBA and Council.
There was a discussion amongst Council regarding how to handle cannabis dispensary distance from Daycare.
It was also noted that the City will have control over signage.
Alderman Ludvigsen said that the Council will probably vote for one dispensary. He also noted that there was a difference between social drinking, which is not to get drunk, and smoking cannabis ini which the intent is to get high. He believed that the City only needed one dispensary, noting that the City only has one pharmacist.
Alderman Dolick said that he was in favor of medical marijuana. He added that in states where marijuana is legal, there is a dramatic increase in people driving high.
Appointments/Confirmations and Proclamations
Public Comment (Agenda Matters) - John Anda - discussed the feasibility of replacing a pipe line. Public Works Director Roscoe said that our engineers say that it will be about $40,000 to replace the pipe from Marion to Dorset. To just handle the piece on the property, but it would not make sense to just replace a=some of the pipe. He said just replacing the pipe on Mr. Anda's property would not solve flooding problems. The City has a list of residents that have the same situation. There is not enough money in the budget this year to handle a $40,000 project. The Council will have to decide how it wants to handle storm water projects. The flooding will not be solved on Dorset with a replaced pipe. The replacement pipe would only help with standing water in the yards.
The City could not clean the one pipe that was clogged because it is collapsed. Public works Director Roscoe said that the engineer said that if the City puts in a replacement pipe it should go to Marion.
There was discussion regarding money allocated to these type of projects for access agreements - a budget amount of $200,000 - $400,000 was suggesting. There was also the discussion the possibility of cost sharing with residents that have issues.
Mr. Anda says that the problem is with Marion, not Dorset.
Alderman Ludvigsen moved to vote on Item A and B, New Business, 0-19-31 Ordinance Approving a Special Use Permit for a Sit-Down Restaurant at 1612 N. Rand Road, Arlington Heights, L for Lola's Pizza Palace; seconded by Alderman Quinn. The approval was unanimous. Voice Vote: All ayes, no nays.
Motion carried 5-0
Mayor Helmer's Assigned Reports
A. City Clerk Joanna Prisiajniouk - Holiday Tree Lighting on November 30th at the Gary Morava Center at 5 PM.
-Discussed the cannabis decisions. She said that she did not think that the Council was following the wishes of the community. She believed that cannabis was not just about the money but about the need.
-Schoenbeck sidewalk is delayed until Spring, 2020.
B. City Treasurer Richard Tibbits - Complimented the Newsletter coverage of 20202 Census. He discussed the need to create more awareness.
-City Water – Wheeling will not give water to Lexington, even though they are sitting on a large supply of water. He was also upset that the City has no means to assist in water distribution. He stated that City Water should remain as a topic as a Workshop item.
- thanked the veterans.
C. Alderman Michelle Cameron - Clarified the tree lighting date.
D. Alderman Kathleen Quinn – Thanked the veterans.
E. Aiderman Wendy Morgan-Adams - Thanked the veterans.
F. Alderman Patrick Ludvigsen - thanked veterans
G. Alderman Matthew Dolick – Informational CEA Open House regarding residential sound insulation program at the Ramada Inn from 6-8 PM. thanked the veterans.
H. Police Chief Jim Zawlocki – Noted that there were several ceremonies for the Veterans – MacArthur School and St. Alphonsus hosted Veterans Day Breakfasts.
- Girls Club Mentoring Program has started There are twelve girls involved. It is run by Officers Garza and Zitkus.
- Chief's Chili Cookoff had nine contestants. Desk Officer Pablo Martinez won - he had used an online recipe.
- International Chief's Conference - it was the 126th year. There were educational session and vendors. 14,000 officers from all over the world attended.
I. Deputy Clerk Karen Schultheis - No report.
J. Finance Director Michael DuCharme - No report.
K. Building and Economic Development Director Dan Peterson - Absent
L. Assistant City Administrator Peter Falcone - No report.
M. Director of Public Works Mark Roscoe - Discussed the snow event and the cold weather.
He said that Public Works is on target for holiday lights. He also noted that Mike Hoffman is the newest Public works employee (he has replaced the retired Paul Miller).
N. City Administrator Wade - Postponed construction of Schoenbeck sidewalk, Contractors meeting was going to be too late. The City would not have been able to finish until the Spring.
O. Mayor Nicholas J. Helmer - Asked about Plaza Drive. City Administrator Wade said that the weather was a factor there. Paving cannot be done in cold weather.
Consent Agenda -
A.R-19-45 Staff Memo and Resolution Authorizing an Agreement for the Regulation of Parking Area Traffic, Parking, Use and Maintenance Between the City of Prospect Heights and Stery Trucking/Quality Truck Repair
B.R-19-50 Staff Memo and Resolution approving Thorntons, 1600 N. Rand Road, Prospect Heights, Plat of Easement Dedication and Vacation
C.R-19-51 Staff Memo and Resolution Approving a Final Plat of Big Fish Estate Subdivision at 1120 and 1128 N. Drury Lane, Arlington Heights, IL
Alderman Ludvigsen moved to approve -19-45 Resolution Authorizing an Agreement for the Regulation of Parking Area Traffic, Parking, Use and Maintenance Between the City of Prospect Heights and Stery Trucking/Quality Truck Repair; R-19-50 Resolution approving Thorntons, 1600 N. Rand Road, Prospect Heights, Plat of Easement Dedication and Vacation and R-19-51 Resolution Approving a Final Plat of Big Fish Estate Subdivision at 1120 and 1128
N. Drury Lane, Arlington Heights, IL; seconded by Alderman Morgan-Adams. The approval was unanimous.
Roll Call Vote: Ayes – Quinn, Ludvigsen, Dolick, Morgan-Adams, Cameron
Nays - None
Absent - None
Motion carried 5-0
Old Business - None
New Business
A. Request for 1st Read Waiver 0-19-31 Staff Memo and Ordinance Approving a Special Use Permit for a Sit-Down Restaurant at 1612 N. Rand Road, Arlington Heights, IL for Lola's Pizza Palace (1st Reading) Alderman Morgan-Adams moved to waive First Reading of 0-19-31 Ordinance Approving a Special Use Permit for a Sit-Down Restaurant at 1612 N. Rand Road, Arlington Heights, IL for Lola's Pizza Palace; seconded by Alderman Dolick. The approval was unanimous.
Roll Call Vote: Ayes – Quinn, Ludvigsen, Dolick, Morgan-Adams, Cameron
Nays - None
Absent - None
Motion carried 5 - 0
B.0-19-31 Staff Memo and Ordinance Approving a Special Use Permit for a Sit-Down Restaurant at 1612 N. Rand Road, Arlington Heights, IL for Lola's Pizza Palace (2nd Reading) - Alderman Dolick moved to Approve 0-19-31 Ordinance Approving a Special Use Permit for a Sit-Down Restaurant at 1612 N. Rand Road, Arlington Heights, LL for Lola's Pizza Palace; seconded by Alderman Morgan-Adams. The approval was unanimous.
Roll Call Vote: Ayes – Quinn, Ludvigsen, Dolick, Morgan-Adams, Cameron
Nays – None
Absent - None
Motion carried 5-0
C. Consideration of Draft Cannabis Ordinance for Referral to Plan Commission Zoning Board of Appeals for Text Amendment to Allow Cannabis Related Uses as Permitted Special Uses, and Amending Chapters 1, 3, 7 of City Code
1. 0-19-32 (Mayor's Ordinance Version) Ordinance Amending Chapter 1 (Title. Intent and Purpose), Chapter 3 (General Provisions), Chapter 7 (Business Districts) of Title 5 (Zoning) of the City Code Pertaining to Adult-Use Cannabis (1st Reading)
2. 0-19-33 (Council's Ordinance Straw Poll Version) Ordinance Amending Chapter 1 (Title, Intent and Purpose), Chapter 3 (General Provisions), Chapter 7 (Business Districts) of Title 5 (Zoning) of the City Code Pertaining to Adult-Use Cannabis (1st Reading)
Whatever the direction will go before the PZBA. Attorney O'Driscoll said that the Council should send one version to PZBA.
Alderman Ludvigsen motioned to approve 0-19-33 Ordinance Amending Chapter 1 (Title, Intent and Purpose), Chapter 3 (General Provisions), Chapter 7 (Business Districts) of Title 5 (Zoning) of the City Code Pertaining to Adult-Use Cannabis to be sent to PZBA; seconded by Alderman Quinn.
Roll Call Vote: Ayes - Ludvigsen, Cameron, Dolick, Quinn Ludvigsen. Camer
Nays - Morgan-Adams
Absent - None
Motion carried 4-1
It was noted that the main difference between the two versions is that C-2 has 750 feet distance setback from the schools and daycare and the location cannot be contiguous to a school, and does not allow social lounges. The tax side is a separate Ordinance. Alderman Morgan-Adams said that there is an issue with daycares because daycares can be in homes. Alderman Quinn said that the issue is commercial daycares. Alderman Morgan-Adams said that the City should have as many dispensaries as the City can support.
Counsel O'Driscoll said that the Ordinance does not put a limitation on the number of dispensaries – that will be dealt with by the Business License Section of the City Code.
D. 0-19-34 Ordinance Amending the Code of the City of Prospect Heights by the Addition of Chapter 2-2-11 Imposing a Municipal Cannabis Retailer's Occupation Tax (1st Reading) - the consensus of the Council is 3% tax rate. No requirement for vote.
E. Estimate of Proposed 2019 Property Tax Levies – Finance Director DuCharme said that these levies will come back for a First Reading because the estimated levies have to be announced 20 days prior to approval. The only change to the schedule is that the Police Pension Levy has been increased by 4.5%. Overall, the levy being proposed this year is 2.81 percent less than last year. The City will not be subject to tax caps.
It was noted that last year, the City had decided to put zeros in for SSA's 1,2 3, and 4. Finance Director DuCharme said that legal counsel had asked that it be filed so it was not thought that the City had forgotten to file it.
Alderman Ludvigsen wanted to know why the City did not increase the Police Pension levy by 4.99 percent? Finance Director DuCharme stated that it was a matter of not pushing to a point that would push us over the cap.
F .0-19-35 An Ordinance for the Levy and Assessment of 2019 Taxes for the Fiscal Year Beginning May 1, 2019 and ending April 30, 2020 in and for the City of Prospect Heights Police Pension Fund (First Reading)
G.O-19-36 An Ordinance for the Levy and Assessment of 2019 Taxes for the Fiscal Year Beginning May 1, 2019 and ending April 30, 2020 in and for the City of Prospect Heights Special Service Area Number One (First Reading)
H.O-19-37 An Ordinance for the Levy and Assessment of 2019 Taxes for the Fiscal Year Beginning May 1, 2019 and ending April 30, 2020 in and for the City of Prospect Heights Special Service Area Number Two (First Reading)
I.O-19-38 An Ordinance for the Levy and Assessment of 2019 Taxes for the Fiscal Year Beginning May 1, 2019 and ending April 30, 2020 in and for the City of Prospect Heights Special Service Area Number Three (First Reading)
J.O-19-39 An Ordinance for the Levy and Assessment of 2019 Taxes for the Fiscal Year Beginning May 1, 2019 and ending April 30, 2020 in and for the City of Prospect Heights Special Service Area Number Four (First Reading)
K.O-19-40 An Ordinance for the Levy and Assessment of 2019 Taxes for the Fiscal Year Beginning May 1, 2019 and ending April 30, 2020 in and for the City of Prospect Heights Special Service Area Number Five (First Reading)
L.O-19-41 An Ordinance for the Levy and Assessment of 2019 Taxes for the Fiscal Year Beginning May 1, 2019 and ending April 30, 2020 in and for the City of Prospect Heights Special Service Area Number Eight (First Reading)
Alderman Ludvigsen moved to Direct Staff to write a limiting Ordinance on the number of licenses for cannabis dispensaries to one similar in nature that the City limits Liquor Licenses
Attorney O'Driscoll said that the issue of Business licenses is not something that would go before the PZBA. It is dealt with under an amendment to the Business License Code. Alderman Ludvigsen noted that since the City currently has no code regarding Cannabis dispensary licenses, it is possible that the PZBA and City Council could approve the dispensaries without having a code to have one issued a business license.
Alderman Ludvigsen withdrew his motion.
Alderman Morgan-Adams suggested that the City should draft an Ordinance amending the City licensing to allow dispensary licenses. Attorney O'Driscoll said that the number of licenses would have to be stated.
Alderman Morgan-Adams moved to Direct Counsel to for an Ordinance with three licenses. There was no second so the motion was not advanced to a vote.
Alderman Ludvigsen moved to direct Staff to direct Counsei for an Ordinance to license one dispensary; seconded by Alderman Quinn. The approval was unanimous.
Roll Call Vote: Ayes - Quinn, Ludvigsen, Dolick, Morgan-Adams, Cameron
Nays - None
Absent None
Motion carried 5 - 0
Discussion of Workshop Topics:
A. Liquor License Code Review – Mayor Helmer said that he had been reviewing the code, and said that there would be a loss of revenue if changes were implemented to change the latest hours to 2 AM. Alderman Ludvigsen said he was looking to have all the late hours changed to 2 AM. He stated that whenever a license comes up, he will work to sway the Councii to grant the latest time to serve liquor as 2 AM. Mayor Helmer said that the City needed to look at the revenue that would be lost if the City lost the 3AM and 4 AM license revenue.
Alderman Ludvigsen said that the changes would be revenue neutral by changing the license costs. - No vote taken.
B. 2020 Census - City Administrator Wade said that ten years ago the vehicle sticker display denoted the Census of that time. The City would like to put the 2020 Census in the vehicle sticker. The Mayor asked that a design be drawn up. City Administrator Wade will be doing Census presentations at the Tree Lighting event and noted that there was supposed to one the previous week at Rob Roy that was cancelled.
C. Staggered Elections – the Mayor asked that whatever was written by the City Attorney be presented to the Council for a vote at te next meeting.
Approval of Warrants
A. Approval of Expenditures
General Fund $107,315.02
Motor Fuel Tax Fund $0.00
Palatine/Milwaukee Tax increment Financing District $0.00
Tourism District $956.78
Development Fund $0.00
Drug Enforcement Agency Fund $916.11
Solid Waste Fund $27,324.27
Special Service Area #1 $0.00
Special Service Area #2 $0.00
Special Service Area #3 $0.00
Special Service Area #4 $0.00
Special Service Area #5 $341.88
Special Service Area #8 - Levee Wall #37 $5,795.00
Special Service Area-Constr #6 (Water Main) $0.00
Special Service Area- Debt #6 $0.00
Capital Improvements $0.00
Palatine Road Tax Increment Financing District $0.00
Road Construction $0.00
Road Construction Debt $0.00
Water Fund $31,248.88
Parking Fund $492.38
Sanitary Sewer Fund $1,060.00
Road Building Bond Escrow $0.00
Total $175,450.32
Wire Payments $159,244.65
11/08/2019 Payroll Posting $17,203.93
September Illinois Municipal Retirement Fund
Total Warrent $351,898.90
Alderman Dolick moved to Approve the Warrants as presented to include Total of $175,450.32; 11/08/2019 Payroll Posting of $159,244.65; September Illinois Municipal Retirement Fund of $17,203.93; and a Total Warrant of $351,898.90; seconded by Alderman Cameron. The approval was unanimous.
Roll Call Vote: Ayes - Quinn, Ludvigsen, Dolick, Morgan-Adams, Cameron
Nays - None
Absent - None
Motion carried 5 - 0
Public Comment (Non-Agenda Matters) - None
Executive Session - None
Action on Executive Session Items, If Required
Ajournment - At 10:16 PM, Alderman Morgan-Adams moved to Adjourn; seconded by Alderman Dolick. There was unanimous consent. The approval was unanimous.
Voice Vote: All ayes, no nays
Motion carried 5-0
Approved by the City Council of Prospect Heights on this the 25th day of November, 2019.
https://www.prospect-heights.il.us/AgendaCenter/ViewFile/Minutes/_11112019-922
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