SEPTEMBER 7, 2010
MINUTES OF THE REGULAR MEETING OF THE CITY COUNCIL
CITY OF PALOS HEIGHTS, COOK COUNTY, ILLINOIS
I.
CALL TO ORDER
The Mayor called to order the regular meeting of the City of Palos Heights City Council
at 7:00 p.m. in the City Administrative Center, 7607 West College Drive, Palos Heights,
IL.
II.
INVOCATION / PLEDGE OF ALLEGIANCE
The Mayor led the invocation and Pledge of Allegiance.
III.
ROLL CALL
Roll call indicated the following were present:
Mayor
Robert Straz
City Clerk
Thomas Kantas
Ward 1
Jean Gnap
Jeff Prestinario
Ward 2
Robert Basso
Jack Clifford
Ward 3
Dolores Kramarski
Alan Fulkerson
Ward 4
Michael McGrogan
Art Phillips
City Treasurer Frank Oswald
City Attorney Tom Brown
IV.
SPECIAL PRESENTATION
A.
V.
The Kiwanis Club presented the City with a check for the proceeds from the
Fourth of July celebration.
CONSENT AGENDA
A.
B.
C.
D.
E.
F.
G.
H.
Approval of August 17, 2010 City Council Meeting Minutes.
Approval of September 3, 2010 Payroll and Voucher Lists.
Approval of request from American Heritage Sertoma to conduct their annual
Candy Days in the City of Palos Heights on Friday, September 10, and Saturday,
September 11, 2010.
Approval of request from the Knights of Columbus San Salvador Archangel
Council 282 to conduct their 40th Annual Fund Drive in the City of Palos Heights
on Friday, September 17, and Saturday, September 18, 2010.
Approval of request from Kiwanis Club of Palos Heights to conduct their annual
Peanut Days in the City of Palos Heights on Friday, September 24, and Saturday,
September 25, 2010.
Approval of Proclamation for Constitution Week, September 17 thru 23, 2010 as
requested by the National Society of the Daughters of the American Revolution.
Approval of request from Trinity Christian College to conduct a 5K Run/Walk
through the Navajo Hills neighborhood on Saturday, October 2 from 10 am to 11
am.
Approval of request by the Palos Heights Lions to conduct candy day on October
8, 2010 to October 9, 2010.
Alderman Kramarski moved to approve the above items on the Consent Agenda,
seconded by Alderman Prestinario. On roll call, the motion to approve the
Consent Agenda was:
Ayes: (8)
Basso, Clifford, Fulkerson, Gnap, Kramarski, McGrogan
Phillips, Prestinario.
City Council Minutes
September 7, 2010
Page - 1 - of 6
Nays: (0)
With eight (8) affirmative votes, the motion carried.
VI.
REPORTS OF CITY OFFICIALS
A.
B.
C.
Mayor:
1.
The Mayor announced that a Committee of the Whole meeting will take
place on Tuesday, September 28, 2010 at 6:00 p.m. The purpose of the
meeting is a presentation from the Lake Katherine Board of Directors.
2.
The Mayor requested a motion to approve Mayoral re-appointment of
George Jasinski to the Police Pension Board for a two-year term expiring
September 1, 2012. Alderman Kramarski moved to approve the reappointment, seconded by Alderman Phillips. The Motion carried by
unanimous voice vote.
Clerk:
1.
Announced that a Public Hearing has been scheduled for September 20,
2010 at 7 p.m. before the Zoning Commission to consider a petition filed
by Jetco Properties, Inc. c/o Supervalu, Inc., to re-zone two (2) parcels, R
to B and B1 to B, for various properties southeast of the intersection of
127th and Harlem Avenue. Immediately following, the Zoning Board of
Appeals will consider granting Special Use Permits to allow two (2) drivein restaurants within the same area. Upon approval, the property will be
redeveloped with a new Jewel/Osco store approximately 55,000 sq. ft. and
two new out lots to be developed with retail use. Docket #2010-09.
2.
Alderman Fulkerson moved to appoint the Plan Commission and the
Zoning Board of Appeals to sit as a Zoning Commission, seconded by
Alderman Prestinario. The Motion carried by unanimous voice vote.
3.
Announced that a Public Hearing has been scheduled for Tuesday,
September 21, 2010 at 6:30 p.m. regarding the possible adoption of the
127th and Harlem Redevelopment Project and Plan, designation of the
127th and Harlem Redevelopment Project Area, and the adoption of the
use of tax increment financing.
Treasurer:
1.
2.
D.
VII.
Delivered the Treasurer’s Report for the month ending July 31, 2010.
Alderman Fulkerson moved to approve the Treasurer’s Report for the
month ending July 31, 2010, seconded by Alderman Prestinario. The
Motion carried by unanimous voice vote.
City Attorney: No Report.
COMMUNICATIONS
A.
B.
Alderman Gnap thanked the City for well wishes on her retirement from the
bookstore.
Alderman Basso alerted residents to frauds posing as Comcast workers.
VIII. CITIZENS ADDRESSING THE CITY COUNCIL
A.
Jim Pasquinelli (12210 Cheyenne) addressed the proposed ordinances to increase
the percentage of non-retail business in the Tiffany Square Shopping Center and
the proposed funeral home in the Westgate Valley Commons. He urged the City
Council to deny the Tiffany Square request and to approve the Westgate Valley
Commons request. He stated that the Tiffany Square request is a “blanket”
request that would prevent the City from scrutinizing new tenants in that shopping
center. The City should analyze each individual request in Tiffany Square on a
case-by-case basis. The Westgate Valley request, on the other hand, seeks to
City Council Minutes
August 17, 2010
Page - 2 - of 6
permit a funeral home to conduct business at that shopping center. The funeral
home is an former established Palos Heights business and will generate some
sales tax revenue to the City. Further, the Westgate request contains a provision
that would revert the proposed property back to retail use should the funeral home
leave the location.
IX.
REPORTS OF STANDING COMMITTEES
A.
Finance—Chairperson Alderman Fulkerson:
1.
Alderman Fulkerson motion to approve request from the Classic Car
Committee to purchase a car for the 2011 Classic Car Event Raffle in an
amount not to exceed $19,500, seconded by Alderman Kramarski. On roll
call, the motion to approve the request was:
Ayes: (8)
Basso, Clifford, Fulkerson, Gnap, Kramarski, McGrogan
Phillips, Prestinario.
Nays: (0)
With eight (8) affirmative votes, the motion carried.
B.
Public Safety—Chairperson Alderman Gnap:
1.
C.
Alderman Gnap announced that: (i) flu shot vaccinations will be available
at City Hall on September 20 and September 27; (ii) the DEA will collect
unused pharmaceuticals on September 25, 2010; (iii) residents wishing to
receive alerts by cell phone may do so; (iv) motorized bikes are not
permitted on bicycle paths.
Municipal Grounds and Property—Chairperson Alderman Basso:
3.
Alderman Basso moved to authorize the Director of Public Works to draw
up specifications and go out to bid for the purchase and installation of new
fuel tanks and related facilities, the removal of the existing fuel tanks, and
a fuel management system, seconded by Alderman Kramarski. On roll
call, the motion to authorize the Director to go out for bid request was:
Ayes: (8)
Basso, Clifford, Fulkerson, Gnap, Kramarski, McGrogan
Phillips, Prestinario.
Nays: (0)
With eight (8) affirmative votes, the motion carried.
D.
Planning and Zoning—Chairperson Alderman Clifford:
1.
Alderman Clifford moved to authorize the City Attorney to draft an
ordinance increasing the square footage of B-1 Special Uses from 6,600 to
16,500, which is fifty percent (50%), in the Tiffany Square Shopping
Center located at 7230 College Drive. Reference Ordinance No. O-04-96.
Petition filed by Omar Zayyad (Docket No. 2010-05), seconded by
Alderman Gnap. The members of the City Council discussed the
following during the question and discussion period:
Alderman Kramarski stated that this area already benefits from being in a
TIF district. Alderman Gnap stated that the shopping center is in dire
straits with many tenants not paying the rent forcing Mr. Zayyad to use
personal resources to avoid foreclosure. Alderman Gnap stated that this
proposal will help prevent this area from becoming an empty shopping
center. Alderman Prestinario would like the property in question to revert
back to retail if and when that property became vacant. Alderman
Prestinario would like the City to consider requests for variances case by
case. Alderman Kramarski stated that the state of the economy has
impacted everyone including Mr. Zayyad and it is not the duty of the
City Council Minutes
August 17, 2010
Page - 3 - of 6
government to bail him out. Mr. Zayyad was aware of the risk involved
with the purchase of the shopping center and will have to find a way to
manage the state of the property. Alderman McGrogan proposed an
amendment similar to the Westgate Valley proposal that would allow the
property to revert back to retail use only should the space become vacant.
The Mayor questioned how such a “reverter clause” could be implemented
noting that the request is general and does not identify specific tenants.
Alderman Fulkerson noted as well that only a specific tenant can be
subject to such a reverter clause. Alderman Kramarski noted that the
Westgate Valley request will generate sales tax revenue for the City while
the Tiffany Square request will not.
Omar Zayyad, owner of Tiffany Square, addressed the City Council
regarding the request. He explained that the tenants are in arrears with
rent and discussed the loss of various retail establishments in the property.
Mr. Zayyad stated that he took the risk to purchase the property based on
inaccurate information. He stated that prospective tenants such as doctors
or lawyers will not rent in this property because of the restriction. He also
discussed the need for parking and capital improvements necessary to the
area. He discussed the impact of this property on his personal financial
situation.
Alderman Prestinario questioned whether or not a time limit or reverter
clause could be incorporated in the ordinance. Alderman Gnap discussed
with Mr. Zayyad what tenants are in arrears concerning the rent.
Alderman Kramarski questioned why Mr. Zayyad would allow tenants to
be in arrears. Alderman Basso stated that his years on the Council
indicated that petitioners requesting a variance usually succeed and that
specific requests should therefore be made. Alderman Basso stated that
this ordinance will not remedy the severe problems facing Mr. Zayyad and
Tiffany Square. Alderman Basso questioned what specific types of
businesses this ordinance would permit.
Alderman Fulkerson suggested that the ordinance include medical and
legal office space only. Alderman Fulkerson stated that any other
businesses would then have to petition for a variance. The Mayor,
Alderman Prestinario and Alderman Fulkerson discussed the commercial
character of the City, specifically the availability of retail and non-retail
businesses. Alderman Clifford suggested that the zoning process perhaps
be streamlined to accommodate new requests more rapidly. Alderman
McGrogan and Alderman Fulkerson discussed the categories of
permissible businesses in this area. Mr. Zayyad requested the ordinance to
accommodate requests more rapidly. Alderman Basso stated that the
ordinance will not be the solution to Mr. Zayyad’s problems and if
specific requests for a variance is needed those petitioners should follow
the established process. Alderman Prestinario stated that we can’t live in
the past, we have to work towards the future.
Alderman Fulkerson moved to amend the ordinance to permit leasing only
to business entities included in the first two subsections of Ordinance
153.160. The Motion carried by voice vote.
Alderman Fulkerson moved to waive the rules regarding the above
ordinance as amended, seconded by Alderman Gnap. The Motion carried
by voice vote.
Alderman Fulkerson moved to adopt the above ordinance as amended,
seconded by Alderman Gnap. On roll call, the motion to adopt the
ordinance was:
Ayes: (5)
Fulkerson, Gnap, McGrogan, Phillips, Prestinario.
Nays: (3)
Basso, Clifford, Kramarski
With five (5) affirmative votes, the motion carried.
City Council Minutes
August 17, 2010
Page - 4 - of 6
2.
Alderman Clifford moved to authorize the City Attorney to draft an
ordinance for a two (2) ft. side yard variance to allow for the construction
of a wing wall on property located at 12151 S. 73rd Avenue, J. P. Doyle
Construction, petitioner (Docket 2010-06), seconded by Alderman
McGrogan. The Motion carried by unanimous voice vote.
3.
Alderman Clifford moved to authorize the City Attorney to draft an
ordinance for a 16 ft. front yard setback to allow for the construction of a
front porch on property located at 12132 S. 72nd Court, with the following
stipulations to be included in the ordinance: porch must remain an openair porch (never enclosed); needs to be recorded with the county and the
owner’s expense; and a set of the building and architectural prints to be
submitted to the Building Commissioner for review (Barry Semenec,
petitioner, Docket 2010-07), seconded by Alderman Fulkerson. Alderman
McGrogan stated that these ordinances should be permitted subject to all
appropriate fees being paid to the City.
Alderman Clifford moved to waive the rules regarding the above
ordinance, seconded by Alderman Phillips. The Motion carried by
unanimous voice vote.
Alderman Clifford moved to adopt the above ordinance, seconded by
Alderman Phillips. On roll call, the motion to adopt the ordinance was:
Ayes: (8)
Basso, Clifford, Fulkerson, Gnap, Kramarski, McGrogan
Phillips, Prestinario.
Nays: (0)
With eight (8) affirmative votes, the motion carried.
4.
Alderman Clifford moved to authorize the City Attorney to draft an
ordinance to increase the percentage of B-1 Special Use zoning from 40%
to 60% in Westgate Valley Commons, 13401 and 13403 S. Ridgeland
Avenue, to allow for Funeral Home with the stipulation that in the event
the funeral home vacates, the property would revert back to B zoning.
Reference Ordinance No. O-24-05. Westgate Valley Commons LLC,
petitioner (Docket 2010-08), seconded by Alderman Gnap. The motion
carried by unanimous voice vote.
Alderman Fulkerson moved to waive the rules regarding the above
ordinance, seconded by Alderman Kramarski.
Alderman Fulkerson moved to adopt the ordinance, seconded by
Alderman Kramarski. On roll call, the motion to adopt the ordinance was:
Ayes: (8)
Basso, Clifford, Fulkerson, Gnap, Kramarski, McGrogan
Phillips, Prestinario.
Nays: (0)
With eight (8) affirmative votes, the motion carried.
E.
Recreation—Chairperson Alderman Prestinario:
1.
2.
F.
Congratulated Rose Schroeder and Alderman Gnap on their respective
retirements.
Thanked residents of Palos Heights for a successful season at the pool.
Roads and Construction—Chairperson Alderman Kramarski:
1.
Alderman Kramarski thanked members of the Public Works department
for their fine work on the pool and announced that the Road Program
continues.
City Council Minutes
August 17, 2010
Page - 5 - of 6
G.
License, Permits & Franchises—Chairperson Alderman McGrogan:
1.
H.
Alderman McGrogan reminded residents to purchase vehicle stickers.
Water and Sewer—Chairperson Alderman Phillips:
1.
Alderman Phillips moved to approve accepting the low bid for the Pump
Station Upgrade from Gaskil & Walton Construction Co. in the amount of
$86,648.00 subject to receiving a written confirmation from Palos
Community Hospital for their participation to cover a portion of the cost,
seconded by Alderman Fulkerson. On roll call, the motion to accept the
bid was:
Ayes: (8)
Basso, Clifford, Fulkerson, Gnap, Kramarski, McGrogan
Phillips, Prestinario.
Nays: (0)
With eight (8) affirmative votes, the motion carried.
X.
REPORTS OF SPECIAL COMMITTEES
A.
B.
XI.
Business / Economic Development: Chairperson Alderman Gnap.
1.
Alderman Gnap announced that the CVS will open soon and generate
increased sales tax revenues. The Mayor urged residents to patronize the
CVS along with all other retail business in Palos Heights.
2.
Alderman Prestinario reminded residents to patronize the Farmer’s Market
and reminded residents that the next general meeting will be September
23, 2010.
Ad Hoc Cable TV: Chairperson Alderman Fulkerson—No Report.
ADJOURNMENT
At 8:03 p.m. the Mayor requested a motion to adjourn that passed unanimously.
Respectfully Submitted,
PALOS HEIGHTS CITY CLERK
Thomas A. Kantas
City Council Minutes
August 17, 2010
Page - 6 - of 6
Date