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

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1 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 MONDAY, MAY 18, 2015 AT 7:00 P.M. CITY OF PARK RIDGE 505 BUTLER PLACE PARK RIDGE, IL TEL: FAX: TDD: I. Roll Call Acting Mayor Maloney called the Regular Meeting of the City Council to order at 7:05 p.m. Deputy Clerk Peterson read the roll call. The following Elected Officials indicated their presence: Ald. Moran, Milissis, Wilkening, Shubert, Knight, Mazzuca and Acting Mayor/Alderman Maloney. There was a quorum. City Clerk Henneman was absent. II. Pledge of Allegiance Boy Scout Troop #1 led meeting attendees in reciting the Pledge of Allegiance to the United States flag. III. Approval of Minutes A. Committee of the Whole April 27, 2015 Moved by Ald. Milissis. Seconded by Ald. Shubert. Motion carried; voice vote. Ald. Moran and Wilkening abstained. B. City Council May 4, 2015 Moved by Ald. Knight. Seconded by Ald. Milissis. Motion carried; voice vote. C. Committee of the Whole May 11, 2015 Moved by Ald. Shubert. Seconded by Ald. Mazzuca. 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. VII.G.1. VII.G.2. VII.H.1. VII.I.1. VII.I.2. VII.I.3. Approve final reading of an ordinance to amend Sections 12-1 to allow for Mobile Food Vendors Approve first reading of an Ordinance amending of the Municipal Code, Water Meters Approve a contract for rock salt with Compass Minerals America Inc., 9900 West 109th Street, Suite 100, Overland Park, Kansas and a purchase order for 4,000 tons of rock salt in the amount of $272, Approve Resolution authorizing the adoption of the Cook County Multi-Jurisdictional Hazard Mitigation Plan dated September 10, 2014 for purposes of allowing the City to become a participating member jurisdiction under the Cook County Multi-Jurisdictional Hazard Mitigation Plan Approve FY2015 warrants reviewed by Ald. Milissis for the period ending May 11, 2015 in the amount of $234, Approve FY2016 warrants reviewed by Ald. Milissis for the period ending May 12, 2015 in the amount of $820, Approve final reading of 2015 Prevailing Wage Rate Ordinance Page 1 of 10

2 Moved by Ald. Knight. Seconded by Ald. Milissis. : AYES: Ald. Milissis, Wilkening, Shubert, Knight, Mazzuca, Maloney, and Moran (7) V. Reports of City Officials A. Mayor s Report 1. Recognition of Brian Gentile - Top High School Innovator of 2015 Acting Mayor Marty Maloney recognized Brian Gentile with a Certificate of Recognition for being named one of twenty high school students in the State of Illinois who were presented with an award for their innovative achievement by the University of Illinois. Brian Gentile independently developed a learning assistance program at Maine South High School. 2. Historic Preservation Coloring Contest - Award Recipient Recognition Acting Mayor Maloney, Historic Preservation Chairman Judy Barclay, and Ald. Shubert recognized the winners of the Historic Preservation Coloring Contest which was open to third grade students. The winners recognized were 1st place-anabella Venetucci; 2nd place-grace Bolech; and, 3rd place- Izabela Woziwoda. Chairman Barclay thanked all of the students for their participation and the businesses that donated prizes for the winners. 3. Proclamation - National Public Works Week, May 17-23, 2015 Acting Mayor Marty Maloney read aloud a Proclamation which recognized Public Works employees and the services they perform in our community which are an integral part of the City s citizens everyday lives. B. City Council 1. Amendment(s) to the FY2016 Annual Budget Ald. Knight took the opportunity to hear any considerations of amendments to the previously approved 2016 Fiscal Year Budget. No amendments were presented. C. City Attorney No report. D. City Clerk No report. E. City Manager 1. Approve Resolution Protecting the Full Funding of the Local Government Distributive Fund Moved by Ald. Moran. Seconded by Ald. Shubert. City Manager Hamilton explained that this matter was discussed at the last City Council Meeting and also at previous Committee meetings. He explained that the City stands to lose 1.8 million dollars in revenue if cuts are made to the Local Distributive Fund. All municipalities in Illinois would realize a 50% reduction. He indicated that a sample Resolution was presented 2 weeks ago, one from the Illinois Municipal League and another from the Northwest Municipal Conference. Approximately 147 municipalities in the State have passed similar Resolutions. At the last City Council meeting, Acting Mayor Maloney requested City Manager Hamilton to prepare information relative to the impact that this reduction would have on the City based on 100%, 50%, and 25% reductions. City Manager Hamilton noted that staff is currently preparing this information and that he would have information ready for presentation in two week which would most likely include service and staffing cuts. City Manager Hamilton also explained that Ald. Knight forwarded him a possible amendment. Information relating to the amendment was posted to the website and made available at the dais. Page 2 of 10

3 Ald. Knight proposed the following amendment be inserted in the Resolution after the current sixth Whereas in the draft resolution: Whereas, notwithstanding the decades of fiscal mismanagement by the State of Illinois that has included confiscating taxes belonging to municipalities and then returning some lesser amount of those taxes to those municipalities at the State s discretion, the City Council of Park Ridge recognizes that in the absence of the Governor's 50% reduction in the taxes returned to the municipalities, the State will likely be forced to dramatically cut services, substantially raise taxes and fees or a combination thereof, and shift the responsibility for those service cuts onto those municipalities, and Moved by Ald. Knight. Seconded by Ald. Milissis. Ald. Knight read his communication which he somewhat supports but would like to make it more honest. He encouraged the Governor and the General Assembly to protect the full funding of LGDF paid to local governments. He stated, that the Resolution ignores the obvious fact that in the absence of the Governor's LGDF cuts the State will have to consider significant cuts to its budget and general spending on all manner of things including social service spending, state infrastructure and innumerable other state services. As we know neither the State nor state municipalities can print money; deficit spending can only last so long and at some point living within means is unavoidable. And, frankly, for the record I feel about this LGDF resolution, as currently written, the same as I do about the near ridiculousness of the posturing around the Governor's Turnaround Agenda and the votes on elements of that Agenda being called by the Speaker of the House, both recently called and being considered. None of these, to me, are really honest attempts to solve the fiscal problems facing the State and many or most of its municipalities. Instead it's a lot of political posturing and self-serving activities designed to assign blame both for past actions, some long past, and for actions that will need to be taken to put Illinois on a path toward even minor fiscal sustainability. Ald. Mazzuca suggested two friendly amendments: by the State of Illinois that has included confiscating collecting taxes and, shift the responsibility for [many] of the those service cuts Ald. Knight accepted the amendments. Ald. Shubert did not believe that the amendment was required since people in the State understand that there has been decades of fiscal mismanagement. He added that the pension decision made a few weeks ago removes some of the political posturing. (Amendment): AYES: Ald. Wilkening, Knight, Mazzuca, Maloney, Moran, and Milissis (6) NAYS: Ald. Shubert (1) Motion carried, 6 1. Motion to amend the amended Resolution that are stated as certain and which may not be certain: 6 th Whereas: loss of the state shared income tax revenue may result in the elimination of countless jobs 8 th Whereas: the City of Park Ridge is projected to lose $1,855,260 annually Moved by Ald. Mazzuca. Seconded by Ald. Knight. (Amendment): AYES: Ald. Shubert, Knight, Mazzuca, Maloney, Moran, and Milissis, and Wilkening (7) Page 3 of 10

4 (Main Motion as amended): AYES: Ald. Knight, Mazzuca, Maloney, Moran, and Milissis, and Wilkening, and Shubert (7) VI. Citizens Who Wish to Address the City Council on a Non-Agenda Item No comments. VII. Reports of Boards, Commissions and Committees A. Planning and Zoning Commission Ald. Wilkening Ald. Wilkening reported that there will be a meeting on May 20 to discuss issues on the placement of generators by homes and buildings. B. Zoning Board of Appeals Ald. Moran Ald. Moran reported that he plans to meet soon with the Chairwoman of the Zoning Board of Appeals. C. Liquor License Review Board Acting Mayor Maloney No report. D. O Hare Airport Commission TBD 1. Approve Resolution Supporting Senate Bills 636 and SB 637 regarding Runways at O Hare International Airport City Manager Hamilton recognized O Hare Airport Chairman Jim Argionis who was in attendance and at the podium. Moved by Ald. Moran. Seconded by Ald. Shubert. City Manager Hamilton distributed a copy of the configuration of the O Hare runways. He explained that Senate Bill 636 refers to a limit in legislation on the amount of runways allowed to be used at O Hare which is currently eight. The Resolution would result in a change of runways from eight to ten. Senate Bill 637 refers to the delay of the decommissioning of the diagonal runways. Chairman Argionis explained that there are 2 sets of diagonal runways; one set over Park Ridge and another set that runs to the northwest. The northwest diagonals are set to be decommissioned when the next runway is opened, possibly in August Diagonals are normally used in certain weather conditions. If the northwest diagonal closes, flights will be forced to use the diagonals over Park Ridge. Chairman Argionis went through the progression of HB636 drafted by Senator Mulroe. He described Senate Bill 637 as a bit more aggressive. It would prevent decommissioning the northwest diagonals. The use of runways would also be more equitable. Although the bill is delayed in the House, local legislators support both bills. In response to a question from Ald. Mazzuca regarding the removal of electronics from some diagonals set to be decommissioned, Chairman Argionis explained that Senator Mulroe referred the matter to Attorney General Madigan s office. John Syer, a student from Maine South High School spoke about his father who likes to nap and asked how this will affect his father s naps. Acting Mayor Maloney responded indicating that the noise may get worse dependent upon where you reside. Ald. Mazzuca said he contacted his state legislators, stressing the importance of these two bills, and urging residents to get involved and do the same. Chairman Argionis responded to a comment made by Ald Milissis who recognized that the Second Ward has become quieter. Chairman Argionis explained that the runways towards the Northwest side of the City have not been used much and it is only a temporary lull until they are used again. They will be use more if the other diagonals are decommissioned. Ald. Milissis indicated that support for the bills should Page 4 of 10

5 not be limited to Wards. He plans to vote on what is more equitable for the City. He asked colleagues to support what is better for the community, not just for their Ward. Ald. Shubert sought clarification on the diagonal runways that would be decommissioned. Chairman Argionis indicated that the two diagonals going over Park Ridge are not those planned for decommissioning. Chairman Argionis clarified SB 636 for Ald. Wilkening regarding the number of runways that can be used. Ald. Wilkening recognized this as a political issue and believes that the City must do what is right for all citizens. AYES: Ald. Mazzuca, Maloney, Moran, Milissis, Wilkening, Shubert, and Knight (7) 2. Letter requesting raw data from temporary Air Quality Monitor at Maine South City Manager Hamilton spoke about the temporary air quality monitor placed a few years ago at Maine South High School. The City and the O Hare Airport Commission has been continually been requesting access to that data and information. City Manager Hamilton sent a letter to the Illinois Environmental Protection Agency and the Managing Deputy Commissioner of the Chicago Department of Aviation. The City has been told that they are on a list and when the data was ready and accessible, it would be provided. The letter included date specific occasions with notation of communication failures. Hamilton s letter was based as a FOIA request allowing for a five-business day response to the request. He also mentioned that he recently spoke with Senator Kotowski who had reviewed preliminary reporting and it did not disclose much information. Ald. Mazzuca believes this maybe a cause why it s a little hard to breath near the school. Ald. Shubert inquired whether there may be a new direction towards these types of requests with the appointment of new Department of Aviation Commissioner Ginger Evans. Chairman Argionis indicated it is certainly a hope that everyone can work together. E. Historic Preservation Ald. Shubert No report. F. Procedures and Regulations Committee Ald. Mazzuca 1. Approve final reading of an ordinance to amend Sections 12-1 to allow for Mobile Food Vendors - Approved by omnibus vote G. Public Works Committee Ald. Shubert 1. Approve first reading of an Ordinance amending of the Municipal Code, Water Meters Approved by omnibus vote 2. Approve a contract for rock salt with Compass Minerals America Inc., 9900 West 109th Street, Suite 100, Overland Park, Kansas and a purchase order for 4,000 tons of rock salt in the amount of $272, Approved by omnibus vote 3. Approve one (1) year extension to the Thermoplastic Pavement Marking Contract with Superior Road Striping, Inc. of 1967 Cornell Court, Melrose Park, Illinois and a purchase order in the amount of $40, Moved by Ald. Shubert. Seconded by Ald. Moran. Ald. Mazzuca requested staff to review price discovery for this expenditure. Director Zingsheim indicated that Suburban Purchasing Cooperative was chosen from the bid results. It was Ald. Mazzuca s recollection that the City bid out for parts only on other matters in the past. Director Zingsheim indicated it would be difficult for this project. Ald. Mazzuca explained that he would not support the motion since mutual agreement on a negotiated basis sounds like a no-bid contract in his opinion. Page 5 of 10

6 AYES: Ald. Maloney, Moran, Wilkening, Shubert, and Knight (5) NAYS: Ald. Mazzuca and Milissis (2) Motion carried, Approve one (1) year extension to the contract for Elm Tree Injection Program (PW-14-02) to Kinnucan Tree Experts, 2887 Nagel Court, Lake Bluff, Illinois 60044, and a purchase order in the amount of $40, Moved by Ald. Shubert. Seconded by Ald. Moran. Ald. Moran had a recent conversation with a person who owns a tree service and stopped using the injection method based on comments received from other municipalities that the treatment was not effective. Director Zingsheim believes the inoculations work, and at the least, will prolong the life of a tree. Ald. Mazzuca spoke about the original contract which bears an extension for an additional period. According to Director Zingsheim, he understood the additional period to be defined as one year. AYES: Ald. Moran, Wilkening, Shubert, Knight, Maloney, and Milissis (6) NAYS: Ald. Mazzuca (1) Motion carried, Approve first reading of Ordinance establishing the 2015 list for Mandatory Replacement of Defective Sidewalks Moved by Ald. Shubert. Seconded by Ald. Moran. Ald. Mazzuca appreciated information from staff regarding the establishment of the administrative cost and referred to costs from the previous year. Discussion ensued among Ald. Mazzuca and Director Zingsheim regarding the total cost and the cost split of 50%. Ald. Mazzuca was concerned that they may be a violation of Council Policy Statement 26. The cost being levied is $95 per square which he believes is incorrect. Ald. Mazzuca moved to defer the matter until the June 1 meeting so that a more accurate number can be provided. Motion failed; no second. Director Zingsheim indicated that the program could not be held back which was put into place and includes a series of events over a period of 6-7 weeks that make it work. The Ordinance must be approved to start invoicing. Ald. Knight requested a timeline which would exhibit the critical importance of passing the final reading of Ordinance. Director Zingsheim acknowledged the request. Ald. Milissis also requested the cost of keystones and mud-jacking which make up the difference of the costs. Acting Mayor Maloney responded to Ald. Wilkening s inquiry regarding a conditional passage of the Ordinance. Acting Mayor Maloney indicated passage was not conditional but understood by staff that information will be brought back at the next meeting so that costs add up. City Manager Hamilton would like to know if there were structural or incentive issues with the program. Ald. Mazzuca indicated it would be a matter that he discusses during a Procedures and Regulations Committee meeting. Ald. Mazzuca questioned the City Attorney whether the city is in a better position legally for implementing this program annually, which Attorney Henn confirmed and also indicated that courts recognize when these programs are in place. Page 6 of 10

7 AYES: Ald. Milissis, Wilkening, Shubert, Knight, Maloney, and Moran (6) NAYS: Ald. Mazzuca (1) Motion carried, Approve the 2015 Street Resurfacing Program contract with Arrow Road Construction Co., 3401 South Busse Road, Mt. Prospect, Illinois 60056, and a FY16 purchase order in the amount of $967, Moved by Ald. Shubert. Seconded by Ald. Milissis. AYES: Ald. Wilkening, Shubert, Knight, Mazzuca, Maloney, Moran, and Milissis (7) 7. Approve first reading of an Ordinance amending of the Municipal Code, Summer Outdoor Water Usage Restrictions Moved by Ald. Shubert. Seconded by Ald. Wilkening. Director Zingsheim received a call from the Illinois Department of Natural Resources (IDNR) who is mandating the Ordinance and placing the restriction on the use of water. Additionally, he said it is part of the Illinois Plumbing Code. Attorney Henn acknowledged to have reviewed and modified the Ordinance. AYES: Ald. Shubert, Knight, Mazzuca, Maloney, Moran, Milissis, and Wilkening (7) H. Public Safety Committee Ald. Milissis 1. Approve Resolution authorizing the adoption of the Cook County Multi-Jurisdictional Hazard Mitigation Plan dated September 10, 2014 for purposes of allowing the City to become a participating member jurisdiction under the Cook County Multi-Jurisdictional Hazard Mitigation Plan - Approved by omnibus vote 2. Approve Resolution regarding Enforcement of National Fire Protection Association Life Safety Code Requirements for Automatic Sprinkler Systems for Additions to One and Two Family Residential Homes Before the motion was presented, Ald. Milissis asked Fire Chief Sorensen to comment on the memorandum, survey results, and discussion regarding code enforcement for automatic fire sprinklers. Staff successfully gathered information from 12 of 17 surveys disseminated to other municipalities. Options for code modifications, two studies from NFPA and UL, and a Resolution drafted by the City Attorney was also provided. The Resolution would provide for interim enforcement until the Municipal Code is amended. Attorney Henn clarified that the Resolution would be effective through July 31, Survey results exhibited that common practice is to require sprinklers in any addition that exceeds 50% (of 4 community responses); 2 responses indicated 100%, and 4 had no requirement. Ald. Shubert thanked the Fire Chief and his department for compiling the information. Ald. Shubert initiated the request for information from other municipalities. He expressed his support for changes based on the data provided. Moved by Ald. Milissis. Seconded by Ald. Moran. Page 7 of 10

8 Approve to change the percentage in the Resolution from 100% to 50%. Moved by Ald. Mazzuca. Seconded by Ald. Milissis. Fire Chief Sorensen explained what effect the change would have; 100% refers to the existing living space. If the addition exceeded 100%, sprinklers would be required. It was Ald. Mazzuca s opinion that doubling the size of your home and not requiring sprinklers seems too aggressive. Based on survey results, he offered the amendment. Joan Sandrik (409 S. Clifton) hoped that the Resolution would be approved with no modifications. Ald. Moran disagreed that the midpoint was 50%. Based on the results, he believed that 8 of the 12 municipalities require no sprinklers. He understands the safety aspects and the code options. He will not support the amendment. Ald. Mazzuca believes that 50% is a better option than 100%. (Amendment) AYES: Ald. Mazzuca (1) NAYS: Ald. Knight, Maloney, Moran, Milissis, Wilkening, Shubert (6) Motion failed; 6 1. Ald. Knight questioned who would lead the Council to making the decision by July 31. Executive Fire Officer Lisowski explained by the next Public Safety COW enough information will have been provided to make an informed decision. Attorney Henn provided a timeline. Ald. Milissis clarified that staff has presented what was requested. If additional information is needed, staff needs to know. The process was clarified for Ald. Shubert. The following motion was presented by Ald. Moran: Approve amendment modifying the Resolution to include Option 5: require sprinklers in any addition to a residence that already has sprinklers. Moved by Ald Moran. The motion was withdrawn after learning from Attorney Henn that this was already incorporated in the Resolution. Acting Mayor Maloney responded to a resident in the audience informing him that if the Resolution successfully passed, it would enable him to move forward until July 31. Director Testin indicated residents who have applied for permits would not need to reapply. City Manager Hamilton indicated that from a customer service perspective, residents filing for permitting now will be informed. Applications would need to be received by July 31 in order to be applicable to this Resolution. Ald. Mazzuca believes that what is decided now should be the commitment applicable after July 31. There should not be an interim solution. The 50% percentage would keep the city in line with other communities. Ald. Milissis questioned if the motion is voted down, would the default be that any addition be required to install sprinklers until the actual code is amended. Attorney Henn confirmed his understanding adding that the applicant would take the risk of applying later. Ald. Maloney recognized that he should have previously voted to support Ald. Mazzuca s amendment. He believes the City is being too aggressive in the interim and people will rush to get permits in before the deadline, thinking that the revised ordinance effective after July 31 could be more restrictive. Page 8 of 10

9 Ald. Milissis agreed with Acting Mayor Maloney s comments recognizing that this is an unintentional consequence. He would favor another 50% motion which is what he would like the final Ordinance reflect. Motion to reconsider the failed motion to amend the percentage in the proposed Resolution from 100% to 50%. Moved by Ald. Milissis. Seconded by Ald. Mazzuca. (Motion to reconsider failed motion) AYES: Ald. Mazzuca, Maloney, Milissis, Wilkening, and Knight (5) NAYS: Ald. Moran and Shubert (2) Motion carried; 5 2. Motion to amend the Resolution to reduce the percentage from 100% to 50%. Joan Sandrik (409 S. Clifton) believes the Council had it right the first time. She does not believe there will be a flood of people applying as expressed. Ald. Mazzuca indicated that he rarely disagrees with Ms. Sandrik. However, in this case it makes more sense to move in one consistent direction. (Amendment) AYES: Ald. Maloney, Wilkening, Milissis, Knight, and Mazzuca (5) NAYS: Ald. Moran, and Shubert (2) Motion carried; 5 2. Ald. Knight will vote to support the motion but with great deal of frustration. Once passed, he is not sure when the details will be determined. He looked to the City Manager to lead the Council down the path of obtaining the information required to make the final decision. The matter was brought to the City in a complicated way. Better information more clearly written needs to be available to users and more consistently enforced. Ald. Wilkening commented that taking less restrictive actions and believing they will be more restrictive at the end is not a good path in his opinion. He believes the City Council needs to take action and provide the right answer quickly. Ald. Milissis explained this is a result of actions taken by a previous Council. The Council and staff were unaware of changes. Ald. Moran recalled that a citizen spoke at a prior meeting about the costs involved with installing sprinklers. He requested that cost information be brought back so that the Council could recognize from a cost standpoint what it is they are asking residents to do. Fire Chief Sorensen acknowledged his request. (Main motion, as amended) AYES: Ald. Milissis, Wilkening, Knight, Mazzuca, Maloney, and Moran (6) NAYS: Ald. Shubert (1) Motion carried; 6 1. Fire Department Chief Sorensen explained that the City will begin testing its 1,500 fire hydrants May 26 which is done Monday Friday. Approximately 150 are tested weekly over a 10-week period. Summer help from Public Works assists with the testing. Page 9 of 10

10 I. Finance and Budget Committee Ald. Knight 1. Approve FY2015 warrants reviewed by Ald. Milissis for the period ending May 11, 2015 in the amount of $234, Approved by omnibus vote 2. Approve FY2016 warrants reviewed by Ald. Milissis for the period ending May 12, 2015 in the amount of $820, Approved by omnibus vote 3. Approve final reading of 2015 Prevailing Wage Rate Ordinance Approved by omnibus vote VIII. New Business For announcement, deliberation, and/or discussion only; no official action will be taken. Ald. Shubert requested that the Appearance Commission be the topic of discussion at a future Procedures and Regulations Committee meeting. A decision was recently provided to a property in town. It was brought to his attention that the Commission does not have an appeals process. Ald. Mazzuca acknowledged his request. IX. Adjournment The meeting adjourned at 9:06 p.m. Transcribed by Cheryl L. Peterson, Deputy Clerk Approved by the City Council this 1 st day of June, A.D., 2015 Attest: Acting Mayor Marty Maloney City Clerk Betty Henneman Page 10 of 10

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