MINUTES OF THE REGULAR MEETING – CITY OF PALOS HEIGHTS COUNTY OF COOK, ILLINOIS August 15, 2006 CALL TO ORDER The regular Meeting of the City of Palos Heights was called to order by Mayor Straz at 7:00 p.m. in the City Administrative Center, 7607 West College Drive, Palos Heights, Illinois. INVOCATION/PLEDGE OF ALLEGIANCE led by Mayor Straz. ROLL CALL Roll call indicated the following were present: MAYOR: Robert S. Straz ALDERMEN: CITY CLERK: Colleen Mannix-Devine Ward 1 – CITY TREASURER: Frank Oswald Ward 2 - CITY ATTORNEY: Tom Brown Ward 3 Ward 4 - Jean Gnap Jeff Prestinario Jack Clifford Robert Basso Alan Fulkerson Dolores Kramarski Michael McGrogan Art Phillips SPECIAL PRESENTATIONS Donned in their red jersey Car Classic shirts, a group from the Palos Heights Beautification Committee presented a “sizeable” check to Mayor Straz to pay for one half the cost for the city planters on Harlem Avenue. Members presenting a check in the amount of $541.00 included Glenn Kraemer, Alderman Prestinario, Eileen Lunter…. Upon accepting the check, the Mayor remarked that the flower planting along Harlem has been a big success. Flowers were donated from funds raised by the committee He thanks the beautification committee which is made of many volunteers who give their time generously, saying “volunteerism is what this town is all about.” CONSENT CALENDAR Mayor Straz read the Consent Agenda and then asked whether there was any objection. There being no objection or change, Alderman Phillips moved and Alderman Kramarski seconded the motion to approve the Consent Agenda as follows: City Council Meeting Minutes dated August 1, 2006; Payroll and Vouchers List dated August 11, 2006; Committee Meeting Minutes: a. Recreation dated August 8, 2006; b. License, Permits and Franchises dated August 8, 2006; c. Olde Palos Building Standards dated July 26, 2006; d. Finance dated August 8, 2006; e. Roads and Construction dated August 8, 2006. Approval of request dated 8-9-06 from the Palos Lightning Football & Cheerleading to conduct a “Tag Day” on Saturday, August 26, 2006 from 10 a.m. to 2 p.m. on the corners of Rt. 83 and Harlem Ave. and 127th Street and Ridgeland Avenue. Approval of request dated May 30. 2006 from the Knights of Columbus, San Salvador/Archangel Council 282 to conduct their 37th Annual Fund Drive in the City of Palos Heights on Friday, September 15, and Saturday, September 16, 2006. Approval of request dated June 4, 2006 from the Kiwanis Club of Palos Heights to conduct their annual “Peanut Days” in the City of Palos Heights on Friday, September 22, and Saturday, September 23, 2006. On roll call, the vote to approve the Consent Calendar was: AYES: (8) Aldermen Basso, Clifford, Fulkerson, Gnap, Kramarski, McGrogan, Phillips, Prestinario. NAYS: (0) ABSENT: (0) There being 8 affirmative votes, the motion carried. REPORTS OF CITY OFFICIALS Mayor Mayor Straz announced that since GO GO WHITE SOX Express Bus from the Metra station to Cellular Field was such a success, that now Go Go BEARS Express Bus service will run from our Metra station to Soldiers Field. The express bus leaves 2hr.10 min. prior to kickoff. Check Channel 4 for dates and times of game. Treasurer Treasurer Oswald read the report for the period ending July, 2006, as follows: Beginning Cash Revenue GENERAL FUND $1,477,647.87 570,542.37 TOTAL ALL FUNDS $6,677,966.95 1,029,018.35 Expense 644,976.60 1,220,951.84 Other Source/Use -20,355.67 27,143.69 Ending Cash $ 1,382,857.97 $6,513,177.15 Mayor Straz requested a motion to approve the Treasurer’s Report dated July, 2006.Alderman Fulkerson so moved, seconded by Alderman Kramarski. On voice vote, the motion carried unanimously. COMMUNICATIONS Alderman Gnap reported a driver struck a child riding a bike and never stopped to check on the boy. The driver was using a cell phone while driving. The child was traumatized that the driver did not stop to check on him or didn’t even know he was hit. CITIZENS WISHING TO ADDRESS THE COUNCIL (Please move to podium) 1. Ron Urban, 12343 S. 71st Ct. reported he attended the meeting last week regarding the pool proposal and stated several reasons why he was requesting aldermen vote “NO” to agenda item #18 – motion to adopt an ordinance providing for and requiring the submission of the question of issuing general obligation bonds to the electors on the November ballot. 2. Larry Schindler, 12313 S. 69th Ave., and member of Olde Palos Building Standards advisory committee spoke as a resident with a personal concern regarding agenda item #17 – motion to introduce an ordinance designating the Olde Palos Overlay District, and thought the ordinance was void of direction, lacked definition and didn’t address enforcement issues. He opined that the redevelopment was good for Olde Palos. The ordinance, in its current form would invite petitions for variances and the ordinance does nothing to address recent complaints regarding building and foundation heights and changes in grading. He has done much research as -2- have other members of the committee, and the redevelopment issues are not unique to Palos Heights. He did state, however, what all these communities have which we do not have is a comprehensive, strategic plan. “This is an opportunity to map the future of Palos Heights,” Mr. Schindler said. 3. Theresa Kearn, 65089 W, 126th Place, was there with a final plea requesting aldermen defer for several months agenda item #10, motion to adopt an ordinace for a special B-1 use in a Be district for office use by Advocate Health Services at the old Bergmann building to allow more time to seek retail tenants for that space. 4. John Tomaris, owner of Old Bergmann building at 12332-12358 S. Harlem Ave., responded to the prior speaker’s request to delay leasing to Advocate Health Services. Mr. Tomaris stated he has marketed the property for 3 ½ years and made more than 1600 contacts. He needs a vote tonight. He has no more options. Aldermen were provided a handout he prepared addressing tax revenue lost due to the ongoing vacancy. He also feared ongoing vacancy will breed more crime, and reported equipment was stolen from the property this past weekend. He has spent more than $800,00.00 in renovations to improve this community. “Advocate Health Services is #1 in healthcare in Chicago and #10 throughout the country, and we’re arguing about whether or not they belong here.” 5. Mike Lombard, 7321 Palos Avenue, was asked by Alderman Prestinario and former Recreation and Park Director Mark Purcel to join an Ad Hoc committee about two months ago to analysis and criticize the pool proposal. He summarized what was done and how the proposal was developed. The plan proposed uses the same footprint as the existing pool, thereby reducing costs. It includes amenities to attract many age groups. The proposed plan is projected to invigorate membership and increase to three times what it is currently. Mr. Lombard emphasized the building cost is capped at $4.2 million dollars and does include bond costs. The budget allows some flexibility and amenities can be added at a later time; the budget also factors in adjustments for inflation. The vote tonight does not commit any dollars. The vote tonight is to put the issue to referendum on the November ballot. “Each resident then can decide whether Palos Heights should stay in the pool business” by voting Yes or No in November,” he said. He opined that the pool was an important part of the community, having served Palos Heights for many generations, and city council will have some tough decisions to make if the referendum does not pass in November. 6. Tom Reman, head coach for Hickory Willows Swim Association, competitive swim teams could use the pool for training as his team does now. Their bill for use of the Palos Heights pool this past season was about $3,500 which is in income for the city. He further opined that if the pool could be extended to 50 meters, that the pool could be used to sponsor competitions and generate even more revenue. 7. Joe McGee, 12112 Cheyenne, long-time resident of Palos Heights, stated he is in vigorously in favor of the pool, and said “our community needs it.” 8. Ron Urban returned to the podium to question statements made by Mr. Reman, at which time Alderman Phillips called a Point Of Order, stating it was improper for the matter to be debated between Mr. Urban and Mr. Reman. 9. John Dolan, 10 Surrey Hill, stated he has daughters are on the Hickory Willow Swim Team. He hoped the pool design could integrate 50 meter lanes so the pool could be used for team swim practice and competitive swim meets, thereby generating a revenue stream. Regarding the Olde Palos Overlay District, Mr. Dolan read the proposed ordinance and found nothing about height issues. He opined building and foundation height issues need to be addressed in this ordinance, and said, “The overlay district is a move in the right direction, but we need to move quickly.” 10. , 119 S. Harlod, said she has lived her since she was 4, and remember the day the pool opened. “It was one of the greatest moments for this city.” She appealed to the aldermen to think about the children when voting whether to allow the pool proposal to go to -3- referendum on the November ballot. “We need to keep the children actively engaged.” She also thought it was important to keep the pool which provides great seasonal jobs and learning opportunities for area students. REPORTS OF STANDING COMMITTEES Finance: Chairperson Alderman Fulkerson Alderman Fulkerson moved to approve a Physical Fitness Facility Medical Emergency Plan which will be added to the City’s Personnel Manual, seconded by Alderman Clifford. This plan details the roles and responsibilities on the use of a defibrillator at the Recreation Department’s Pool Facility. On voice vote, the motion carried unanimously. Public Safety: Chairperson Alderman Gnap Alderman Gnap cautioned: o Empty all containers and planters of standing water to prevent spreading West Nile virus. o Drive Safely. Kids are back to school. Municipal Grounds and Property: Chairperson Alderman Basso Alderman Basso reported: o Public Works continues to complete seasonal tasks. o Street signage installation is done. He asked residents to protect the poles and refrain from using duct tape to adhere signs for open houses, garage sale and the like. Planning and Zoning: Chairperson Alderman Clifford Alderman Clifford moved to adopt an ordinance for Special B-1 Use in a B District for office use of 10,377 sq. ft. on property located at 12332-12358 S. Harlem Avenue, for the purpose of entering into a lease with Advocate Health Services. Harlem 123 S. LLC, petitioners (Docket #2006-09: Motion deferred from the City Council Meeting of August 1, 2006.) Motion was seconded by Alderman McGrogan. Discussion ensued. On roll call, the vote to adopt said ordinance was: AYES: (4) Alderman Phillips, Fulkerson, Gnap, McGrogan NAYS: (4) Aldermen Basso, Clifford, Kramarski, Prestinario ****** AYES: (5) Alderman Phillips, Fulkerson, Gnap, McGrogan, Mayor Straz. ******There being a tie, Mayor Straz voted AYE, broke the tie, thereby arriving at (5) affirmative votes, and the motion carried. ************** Alderman Clifford moved to adopt an ordinance for a 8 ½ ft. front-yard setback variation from 75th Avenue for the construction of an open porch constructed on posts and piers, with the condition that it meets the minimum setback from the garage and that adequate firewall provisions are made for the property located at 12443 S. 75th Avenue, Cory and Jill Ingelse, petitioners. (Docket #2006-12). Motion was seconded by Alderman Gnap. Alderman Clifford read a letter into the record. On roll call, the vote to adopt the ordinance was: AYES: (8) -4- Aldermen Basso, Clifford, Fulkerson, Gnap, Kramarski, McGrogan, Phillips, Prestinario. NAYS: (0) ABSENT: (0) There being 8 affirmative votes, the motion carried. ************* Alderman Clifford moved to adopt an ordinance to amend the City’s Code Section 96.01 (D) Specific Nuisances Enumerated, by changing the hours to 7 a.m. to 7 p.m. Monday through Saturday, and 9 a.m. to 6 p.m. on Sundays and federal holidays; and add “or create excessive dust conditions, including dry sawing of masonry products, and to implement wet sawing of masonry dust-related products when possible”. (Docket #2006-11). Alderman McGrogan moved to refer the matter to Planning and Zoning, and License, Permit and Franchises, seconded by Alderman Fulkerson. On voice vote, the motion to refer the matter to License, Permit and Franchises, and Planning and Zoning committees carried unanimously. ************ Alderman Clifford moved to adopt an ordinance to amend the City’s Code Section 153.12 (B), Number of Buildings on Lot, to limit the size of a detached garage to 660 sq. ft. no matter how it is configured and a maximum of height of 15 ft. (Docket #2006-11), seconded by Alderman McGrogan. On roll call, the vote to adopt the ordinance was: AYES: (8) Aldermen Basso, Clifford, Fulkerson, Gnap, Kramarski, McGrogan, Phillips, Prestinario. NAYS: (0) ABSENT: (0) There being 8 affirmative votes, the motion carried. ************ Alderman Clifford moved to adopt an ordinance to amend the City’s Code Section 153.14 (A), Garden Sheds, to provide that sheds shall be no greater in volume than 144 sq. ft. in any configuration, with the maximum height remaining at 12 feet. (Docket #2006-11), seconded by Alderman Phillips. On roll call, the vote to adopt the ordinance was: AYES: (8) Aldermen Basso, Clifford, Fulkerson, Gnap, Kramarski, McGrogan, Phillips, Prestinario. NAYS: (0) ABSENT: (0) There being 8 affirmative votes, the motion carried. ************* Alderman Clifford moved to adopt an ordinance to amend the City’s Code Section 153.19 (B)(2 and 18), Off-Street Parking, Business District, by changing the requirements to 6 spaces for every thousand sq. ft. of floor area, (Docket #2006-11), seconded by Alderman McGrogan. Discussion ensued. On roll call, the vote to adopt the ordinance was: AYES: (8) Aldermen Basso, Clifford, Fulkerson, Gnap, Kramarski, McGrogan, Phillips, Prestinario. NAYS: (0) ABSENT: (0) There being 8 affirmative votes, the motion carried. ************* Alderman Clifford moved to adopt an ordinance to amend the City’s Code Section 153.205, Action by City Council, to parallel Section 31.13, Votes Required: Ayes and Nays, and with Illinois State Statutes 65 ILCS 5/3.1-40-40, Vote Required. (Docket #2006-11), seconded by -5- Alderman Fulkerson. On roll call, the vote to adopt the ordinance was: AYES: (8) Aldermen Basso, Clifford, Fulkerson, Gnap, Kramarski, McGrogan, Phillips, Prestinario. NAYS: (0) ABSENT: (0) There being 8 affirmative votes, the motion carried. ************* Alderman Clifford moved to introduce an ordinance designating the Olde Palos Overlay District. (Docket #2006-11), seconded by Alderman Basso. Alderman Fulkerson moved to refer the ordinance to review by a Committee of the Whole, at a date to be determined later, seconded by Alderman Gnap. On voice vote, the motion to refer the ordinance to review by a Committee of the Whole, at a date to be determined later carried unanimously. Recreation: Chairperson Alderman Prestinario Alderman Prestinario moved to adopt an ordinance Providing for and Requiring the Submission of the Question of Issuing a $4,2000,000 General Obligation Bonds, bearing interest at the rate not to exceed the greater of 9% per annum or 125% of the rate for the most recent date shown in the 20 G.O. Bonds Index of average municipal bond yields as published, to the Electors of the City of Palos Heights at the General Election to be held on the 7th day of November 2006, seconded by Alderman Gnap. Alderman Kramarski questioned how the ordinance came to be drafted when council never voted to draft the ordinance. Attorney Brown sated there is no statutory rule requiring council request the attorney draft an ordinance. Alderman Prestinario withdrew his motion, seconded by Alderman Gnap. *** Alderman Prestinario moved to waive the rules for adopting an ordinance, seconded by Alderman Fulkerson. On roll call, the vote to waive the rules was: AYES: (6) Alderman Phillips, Fulkerson, Gnap, Prestinario, Kramarski, McGrogan. NAYS: (2) Alderman Basso and Clifford ABSENT: (0) There being (6) affirmative votes, the motion carried. *** Alderman Prestinario moved to adopt an ordinance Providing for and Requiring the Submission of the Question of Issuing a $4,2000,000 General Obligation Bonds, bearing interest at the rate not to exceed the greater of 9% per annum or 125% of the rate for the most recent date shown in the 20 G.O. Bonds Index of average municipal bond yields as published, to the Electors of the City of Palos Heights at the General Election to be held on the 7th day of November 2006, seconded by Alderman Gnap. Discussion ensued. On roll call, the vote to adopt an ordinance Providing for and Requiring the Submission of the Question of Issuing a $4,2000,000 General Obligation Bonds bearing interest at the rate not to exceed the greater of 9% per annum or 125% of the rate for the most recent date shown in the 20 G.O. Bonds Index of average municipal bond yields as published to the Electors of the City of Palos Heights at the General Election to be held on the 7th day of November 2006, was: AYES: (6) Alderman Phillips, Fulkerson, Gnap, Prestinario, Kramarski, McGrogan. NAYS: (2) -6- Alderman Basso and Clifford ABSENT: (0) There being (6) affirmative votes, the motion carried. Roads and Construction: Chairperson Alderman Kramarski Alderman Kramarski moved to accept Keystone Crossings Maintenance Bond and release their Letter of Credit per the recommendation of Morris Engineering, who verified that all punch list items have been completed, seconded by Alderman Gnap. On voice vote, the motion carried unanimously. License, Permits & Franchises: Chairperson Alderman McGrogan Alderman McGrogan moved to authorize the City Attorney to draft an ordinance amending the City’s Code Chapter 110, Section 110.11, General License Fee Schedule, and Chapter 111: Peddlers, Solicitors, Itinerant Merchants, as outlined by Police Chief Yott, seconded by Alderman Kramarski. On voice vote, the motion carried unanimously ************ Alderman McGrogan moved to authorize the City Attorney to draft an ordinance amending the City’s Code Section 94.26 Driveway Construction Regulations, paragraph (F) to read “No residential driveway may be installed over a public easement with a width in excess of 25 feet”, seconded by Alderman Basso. On voice vote, the motion carried unanimously REPORTS OF SPECIAL COMMITTEES Business/Economic Development: Chairperson Alderman Gnap. Ad Hoc Cable TV: Chairperson Alderman Fulkerson. Olde Palos Building Standards: Chairperson Alderman Basso OLD BUSINESS Alderman Kramarski asked is a meeting has been arranged yet with School District 118, She said the residents need to know that the school built on and paved over their land and damned and diverted excess water. “It’s an engineering nightmare. Whoever is responsible needs to admit fault and remediate damages.” Mayor Straz reported no meeting has been set yet, but that the Director of Public Works has been photographing and documenting the problem. CITIZENS WISHING TO ASK QUESTIONS REGARDING THIS EVENING’S BUSINESS* Eileen Lunter, 122517 Navaho Drive, a long-time resident, was surprised to hear the efforts taken by the owner of Old Bergmann to market the space to retailers, and asked, “Is the rent too high? Are we rescuing the developer?” ADJOURNMENT Mayor Straz asked for a motion to adjourn at about 8:45 p.m., at which time Alderman Fulkerson so moved, seconded by Alderman Kramarski. ___________________________ -7- Palos Heights City Clerk Colleen Mannix-Devine Approved this ___day of____, 2006 -8-