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16, 2010
I. CALL TO ORDER
Mayor Straz called to order the regular meeting of the City of Palos Heights City Council at approximately 7:00 p.m. in the City Administrative Center, 7607 W. College Drive, Palos
Heights, IL.
II. INVOCATION/PLEDGE OF ALLEGIANCE
Mayor Straz led the invocation and Pledge of Allegiance.
III. ROLL CALL
Roll call indicated the following were present:
Mayor Robert Straz
City Clerk Thomas Kantas
City Treasurer Frank Oswald
City Attorney Tom Brown
Ward 1 Jean Gnap
Jeff Prestinario
Ward 2 Jack Clifford
Ward 3 Dolores Kramarski
Alan Fulkerson
Ward 4 Michael McGrogan
Absent were Aldermen Basso and Phillips
IV. CONSENT AGENDA
A.
Approval of Minutes:
1. City Council Meeting
B. Approval of Payroll and Voucher List
January 19, 2010
January 29, 2010 and
February 12, 2010.
C. Acceptance of the following Committee Meeting Minutes:
4.
5.
6.
7.
8.
9.
1.
2.
3.
Planning and Zoning
Municipal Grounds and Property
Public Safety
Water and Sewer
Library Board of Trustees
Recreation
License, Permits & Franchises
Finance
Roads & Construction
November 24, 2009
November 24, 2009
November 24, 2009
November 24, 2009
December 10, 2009
January 12, 2010
January 12, 2010
January 12, 2010
January 12, 2010
D. Approval of request You Can Make It, Inc. to conduct Tag Days in the City of
Palos Heights on February 18, 19 and 20, 2010.
E. Approval of request from Repairer of the Breach Ministries to conduct Tag Days in the City of Palos Heights on March 4, 5, and 6, 2010.
F. Approval of Proclamation celebrating American Heritage Week in Palos Heights,
February 21 thru 27, 2010. Request submitted by Sue Colella, President,
American Heritage Sertoma Club.
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Alderman Fulkerson moved to approve the Consent Agenda, seconded by
Alderman Kramarski. On roll call, the motion to approve the Consent
Agenda was:
Ayes: (6)
Nays: (0)
Clifford, Fulkerson, Gnap, Kramarski, McGrogan,
Prestinario
With six (6) affirmative votes, the motion to approve the consent agenda carried.
V. REPORTS OF CITY OFFICIALS
A.
Mayor:
1. Presented remarks and commended the efforts of the Palos Heights Police
Department in apprehending suspects in the bank robbery that occurred at the TCT Bank at 127 th
and Ridgeland.
2. Requested approval of Resolution No. R-02-10, requesting permission from IDOT to close a portion of Route 83 from Harlem Avenue west to
Route 171 on Sunday, May 2, 2010 for the Palos Bank Southwest Half
Marathon Race between the hours of 5:00 a.m. and 12:00 noon.
Alderman Prestinario moved to approve said Resolution, seconded by
Alderman Clifford. The motion carried by unanimous voice vote.
3. Requested approval of Resolution No. R-03-10, requesting permission from IDOT to close a portion of Harlem Avenue from Rt. 83 (119 th
Street/College Drive) south to 127 th
Street on Saturday, July 3, 2010 from
1:30 p.m. to 4:00 p.m. for the Annual Palos Heights 4 th of July Parade.
Alderman Prestinario moved to approve said Resolution, seconded by
Alderman Gnap. The motion carried by unanimous voice vote.
4. Requested a motion to adopt an ordinance to increase the number of Class
B Liquor Licenses by one for Walgreens located at 12659 S. Ridgeland
Avenue in Palos Heights.
Alderman Fulkerson moved to adopt an ordinance increasing the number of Class B Liquor Licenses by one for Walgreens located at 12659 S.
Ridgeland Avenue in Palos Heights, seconded by Alderman Kramarski.
On roll call, the motion to approve said ordinance was:
Ayes: (6) Clifford, Fulkerson, Gnap, Kramarski, McGrogan,
Prestinario
Nays: (0)
With six (6) affirmative votes, the motion to approve the ordinance carried.
B. Clerk: No Report.
C. Treasurer:
1.
The City Treasurer delivered his Report for the month ending December
31, 2009.
2.
Alderman Fulkerson moved to approve the Treasurer’s Report, seconded
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by Alderman Prestinario. The motion to approve the Treasurer’s Report carried by unanimous voice vote.
D. City Attorney: No Report.
VI. REPORTS OF STANDING COMMITTEES
A. Finance: Chairperson Alderman Fulkerson .
1. Alderman Fulkerson moved to approve a three (3) year contract with
Mulcahy, Pauritsch, Salvador & Co. Ltd. to perform auditing services for the City for F/Y’s ending 2009, 2010 and 2011, seconded by Alderman
Kramarski. The motion to approve said contract carried by unanimous voice vote.
2. Alderman Fulkerson moved to authorize the City Attorney to draft an ordinance amending the City’s Code Section 38.22 Director of Accounting and Office Management by separating the two positions to conform to current practice (See memo from City Administrator Nisavic dated
February 9, 2010 detailing amendment), seconded by Alderman Gnap.
The motion carried by unanimous voice vote.
B. Public Safety: Chairperson Alderman Gnap .
1. Alderman Gnap moved to authorize the City Attorney to draft an ordinance amending Chapter 76: Traffic Schedules, Schedule VIII:
Enforcing Traffic Regulations on Private Roads by adding the Willow
Woods Subdivision, seconded by Alderman Kramarski. The motion carried by unanimous voice vote.
C. Municipal Grounds and Property: Chairperson Alderman Basso .
1. Alderman Clifford commended the efforts of Public Works on the City’s snow removal and cautioned residents not to deposit shoveled snow into the street.
D. Planning and Zoning: Chairperson Alderman Clifford.
1.
Alderman Clifford moved to authorize the City Attorney to draft an ordinance amending the City’s Code Section 153.226(B) FEES to include the language “plus the cost of legal and engineering fees, and the cost of publication incurred by the city to review the proposed variation”, seconded by Alderman McGrogan. The motion carried by unanimous voice vote.
2. Alderman Clifford moved to authorize the City Attorney to draft an ordinance for a rear-yard setback variation from the required 25 ft. to 11 ft. 1 in. to allow attaching the existing detached garage to the house with the addition of a mudroom, seconded by Alderman Gnap. The motion carried by unanimous voice vote.
E.
Recreation: Chairperson Alderman Prestinario.
1. Alderman Prestinario moved to approve awarding the low bid for the
Recreation Brochure Printing to Woodward Printing for six (6) publications at a cost not to exceed $27,790.50, seconded by Alderman
Clifford.
On roll call, the motion to award said bid was:
Ayes: (6) Clifford, Fulkerson, Gnap, Kramarski, McGrogan,
Prestinario
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2.
Nays: (0)
With six (6) affirmative votes, the motion to award said bid carried.
Alderman Prestinario moved to authorize the Mayor to execute an agreement with Sonic Boom Pyrotechnics, Inc. for the fireworks display on July 3, 2010 in the amount of $12,000.00, seconded by Alderman
Gnap.
On roll call, the motion to authorize said agreement was:
Ayes: (6)
Nays: (0)
Clifford, Fulkerson, Gnap, Kramarski, McGrogan,
Prestinario.
With six (6) affirmative votes, the motion to award said bid carried.
F.
Roads and Construction: Chairperson Alderman Kramarski .
1. Alderman Kramarski reported on the progress of the following: (1)
Harlem Lighting Project; (2) 76 th Avenue Road Construction; (3) The
2010 Road Program; (4) The successful work of the City in snow plowing and salting.
G. License, Permits & Franchises: Chairperson Alderman McGrogan .
1.
2.
Alderman McGrogan moved to approve request from the Palos Heights
Chamber of Commerce for Temporary Sign Permits for fifty (50) 18” x
24” signs and twelve (12) 23” x 90” banners at various locations throughout the City for their Annual Community Expo & Health Fair on
May 1, 2010, seconded by Alderman Clifford. The motion carried by unanimous voice vote.
Alderman McGrogan moved to authorize the City Attorney to draft an ordinance amending Section 110.11(B) General License Fee Schedule by deleting all contractors from the Business License Fee Schedule and creating subparagraph (C) - Contractor Licensing Fees to read as follows
“General Contractor - $200; All other contractors - $100; Contractor’s
Licenses issued on or after July 1 shall be reduced 50% of the yearly fee;
Contractors who wish to license in the month of December will be assessed the full license fee to include the next calendar year, seconded by
Alderman Clifford. The motion carried by unanimous voice vote.
3.
4.
5.
Alderman McGrogan moved to authorize the City Attorney to draft an ordinance amending Section 110.16 Termination of License by changing the term “fiscal year” to “calendar year” seconded by Alderman Clifford.
The motion carried by unanimous voice vote.
Alderman McGrogan moved to authorize the City Attorney to draft an ordinance amending Section 110.11 General License Fee Schedule, by adding subparagraph (D) Voluntary Business Registration for a fee of
$25.00, seconded by Alderman Kramarski. The motion carried by unanimous voice vote.
Alderman McGrogan moved to adopt an Ordinance Providing for
Electronic Message Center (EMC) Signs in Commercial Districts as revised and subject to review by the City Attorney (This draft was referred back to committee on November 5, 2009), seconded by Alderman
Fulkerson.
During the discussion period, the Alderman submitted the following:
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Alderman McGrogan noted that this matter was originally presented on
November 5, 2009 and that this product reflects the input of the committee and contains some changes. The exterior of existing signs will not be required to changes, but some existing electronic signs will require reprogramming to comply with certain light and color restrictions. This reprogramming process should be easily done. Alderman McGrogan thanked Van Bruggen Sign Company for assistance provided in the drafting of the ordinance.
The Mayor noted that the attorney review provision of the motion should take place before the ordinance is passed. Alderman McGrogan responded that the draft ordinance received approval on November 5,
2009 and that this motion reflects certain requests to make modifications.
Alderman Kramarski commented on subsection (J) of Section One; specifically the provision of that section permitting businesses to advertise for “charitable organization and/or civic events.” Alderman Kramarski outlined that the intent of the ordinance is to permit businesses to advertise, not to promote charitable, civic or political messages and would like to see that section stricken in its entirety.
The Mayor related that businesses typically would use this advertising power to promote local charitable groups along with civic centered messages such as “Shop in Palos Heights.” Alderman Kramarski reiterated that this ordinance permits business to advertise for business purposes only. Further, a multitude of requests from charitable organizations for diverse purposes has previously been disallowed, will cause confusion and is inappropriate.
Alderman McGrogan cited Freedom of Speech protections as the basis for subsection (J). He stated that business owners have a right under the First
Amendment to express support for charitable organizations and civic events. He also explained that these type of electronic signs are expensive and that enforceability of such a prohibition against business owners expressing support for civic and charitable causes would be difficult.
Alderman Kramarski countered that the prohibition on signs in the rightof-way does is not unlawful nor is it difficult to enforce. Alderman
Fulkerson noted that this motion had not received a second.
Alderman Gnap proposed an amendment to the ordinance that would permit charitable and civic messaging. The amendment would specify that a business owner “may advertise for charitable organizations and/or civic events.” Alderman McGrogan provided a second to the Gnap
Amendment.
Alderman Clifford identified a similar ordinance from River Grove,
Illinois as possible guidance on this issue and recommended that the
Council review the relevant provisions. The Mayor responded that this particular ordinance for consideration is only one component of the overall sign ordinance in the City.
Alderman McGrogan noted that the committee examined similar ordinances in thirty municipalities. He further explained that during committee meetings aldermen had the opportunity to provide contributions and that this ordinance has distilled the most significant aspects of the many ordinances reviewed and integrated those provisions into the current ordinance. He explained that the ordinance as crafted responds to legitimate concerns about electronic messages but is flexible enough to allow business during poor economic conditions to make the necessary adaptations without purchasing new signs at a significant expense.
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6.
Alderman Gnap noted that her proposed amendment is not absolutely necessary but does allow for clarification on this issue. Alderman
McGrogan recommended the Gnap Amendment and stated that the ordinance is intended to keep pace with current technological advancement while allowing for consistent code enforcement and recommend passage of the Gnap Amendment.
Alderman Kramarski reiterated her position that the intent of the ordinance is to promote business activity not civic or political activity and would vote against the ordinance in its entirety with this provision included.
The Mayor stated that there is distinction between civic and charitable messages and outright political statements. Alderman Kramarski disagreed and stated that she has seen such political advertising take place; political messages could be construed as civic in nature and thus should be prohibited.
The Mayor related that one ostensibly civic message would welcome runners to the Half Marathon or to the Car Event. Alderman McGrogan related that an outright prohibition would infringe on a business owner’s freedom of speech rights. Such a ban could produce lawsuits that would unnecessarily waste tax money.
Alderman Clifford noted that certain political messages might be outrageous and offend certain residents. Alderman Gnap agreed with the concerns outlined by Alderman McGrogan and noted that in her personal business she honors requests from patrons to hang posters for charitable or civic functions and considers it her right as lease holder. Alderman
McGrogan further noted no discernable difference from an electronic sign with a political message and a posted sign.
Alderman Gnap moved to approve her amendment to the ordinance seconded by Alderman McGrogan. The motion to adopt the amendment carried by voice vote.
On roll call, the motion to adopt the ordinance was:
Ayes: (5) Fulkerson, Gnap, McGrogan, Prestinario, Mayor Straz
Nays: (2) Clifford, Kramarksi
With five (5) affirmative votes, the motion to adopt said ordinance carried.
Alderman McGrogan moved to authorize the City Attorney to draft an ordinance to amend the City’s Code Chapter 156:
Property Maintenance
Code to include: all types of trash/garbage containers, refuse, recycling, and drop boxes; revise the IPM Code to include screening requirements for all districts which require the leasing of any container on a regular basis; all containers must be screened from view from any residential property and the public right-of-way and should be in compliance with the
Commercial Area Design & Development Guidelines; no container shall be located within the required building setbacks; and an annual fee for charitable companies (501c3) of $50, all others $200. A city “Drop Box” sticker will be issued and must be affixed to each container (This motion was tabled and referred back to committee on October 20, 2009), seconded by Alderman Gnap.
During the discussion period, the Alderman submitted the following:
Alderman Gnap questioned the “leasing” language in the ordinance as well as its application if such containers were offered free of charge.
Alderman McGrogan stated that commercial containers would require a
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certain fee to the City while containers sponsored by charitable organization would not be obligated to pay a fee.
Alderman Gnap posed further questions regarding the classification process. Alderman McGrogan noted that the screening requirement would apply to all containers. Alderman Fulkerson stated that the summary in the minutes is inaccurate and that the intent of the ordinance is to require screening for all containers with a varied fee structure based on the classification of the container.
Alderman McGrogan reiterated that a charitable organization would be charged $50.00 while all others would pay $200.00. He explained that if the business is not charging a fee to use the container there is no lease involved whereas if the container is placed pursuant to a business venture then it is a for profit enterprise and should pay the appropriate fee.
Alderman Fulkerson stated that a committee recommended screening for all containers from residential view and from the public right of way and that no container may be located outside the required building set backs.
Alderman Prestinario raised the issue of how to identify a charitable organization and that some charitable organizations do not fall under
501(c). Alderman McGrogan responded that the ordinance could strike the 501(c) language and include all broadly include all charitable organizations.
The Mayor pointed out that excessive fees and costs to erect screening structure may be prohibitive to some charitable organizations and discourage their use of these types of containers. Alderman McGrogan noted that the increased number of containers appearing in the City requires an appropriate response. The City Attorney stated that the City should alert County and State authorities for containers that exist on the public right of way. Alderman Fulkerson cautioned against containers moved into the view of residences and overall has no concerns with the screening requirements
Alderman Fulkerson and Alderman McGrogan discussed revising the location requirement of the proposed ordinance. Alderman Fulkerson reiterated that the ordinance should prohibit containers from the public right-of-way and should be screened. Alderman Kramarski questioned that the screening requirement would obscure the type of container from public view and defeat the purpose of the ordinance. Alderman Fulkerson noted that charitable organizations sponsoring the container will make known the purpose of the container. Alderman Kramarski suggested striking a balance between unsightly containers and those containers serving a legitimate purpose. Alderman Clifford suggested banning these containers in the Palos Heights business district and permitting this use in churches and on private property. Alderman McGrogan suggested adopting the approach before the Council, evaluating the success of its implementation over time and making modifications to the ordinance based on the response thereto.
Alderman Fulkerson moved to refer the matter back to committee in order to resolve an apparent ambiguity in the proposal, seconded by Alderman
Kramarski. The Motion to refer the matter back to committee carried by unanimous voice vote.
H. Water and Sewer: Chairperson Alderman Phillips .
1. Alderman Fulkerson moved to authorize the City Attorney to draft an ordinance increasing water rates based on a 13% increase received from
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the Village of Alsip effective January 1, 2010 (See proposed 2010 Rate
Schedule), seconded by Alderman Kramarski. The motion carried by unanimous voice vote.
VII. REPORTS OF SPECIAL COMMITTEES
A. Business/Economic Development: Chairperson Alderman Gnap
1. Alderman Gnap announced the following developments: (1) Interest in a local flower shop; (2) Renter for the Foot Locker space; (3) Café Roma refurbished; (4) Burrito Café open for business; (5) Rini’s may have a tenant; (6) Blockbuster and Ben Franklin may have a renter. (7) Tasty
Freeze opened and renovated; (8) Golden Shoes securing a Facebook
Page; (9) Façade Program has renewed interest; (9) 3-50 Program has substantial interest and an additional web page on the City web site; (10)
Researching proposals for improving signage per the Comprehensive Plan;
(11) Committee met and had a successful meeting and will meet next on
February 22, 2010.
2. Alderman Prestinario related that the Committee met for a general meeting along with the Beautification Committee on January 21, 2010 and is busy preparing for future events. He welcomed any interested residents to become involved with the Committee.
B. Ad Hoc Cable TV: Chairperson Alderman Fulkerson
—No Report.
1. Alderman Fulkerson announced new Channel 4 programming including:
(1) “Going Green” is a new show that will feature monthly updates from
Lake Katherine regarding the City’s ongoing green initiative; (2) Jointly sponsored programming with Trinity College; (3) Updated “Meet the
Merchant” programming featuring local businesses; (4) New programming from the library. Alderman Fulkerson welcomed any interested resident to join the committee and to become involved with
Channel 4.
VIII. OLD BUSINESS
A. Alderman McGrogan noted recent publicity regarding red light camera enforcement and related resident concerns over its use and the lighting sequence timing.
B. Alderman Clifford noted that per the Chief there was no new timing configuration of traffic lights since photo enforcement was introduced.
IX. NEW BUSINESS
A. Alderman McGrogan announced the virtues of Clear Communications, a new provider offering competitive rates for cable, telephone and Internet service.
X. ADJOURNMENT
At 8:15 p.m. Mayor Straz requested a motion to adjourn that passed unanimously.
Respectfully Submitted,
PALOS HEIGHTS CITY CLERK
Thomas A. Kantas Date
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