HomeMy WebLinkAbout2014-09-22 MinutesMINUTES OF A REGULAR MEETING OF THE PRESIDENT
AND THE BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE
COOK COUNTY, ILLINOIS, HELD AT THE
RICHARD T. FLICKINGER MUNICIPAL. CENTER
SEPTEMBER 22, 2014
CALL TO ORDER
I. During the Regular Meeting of the Village Board of Trustees held on September 22, 2014,
Trustee Marcus moved to adjourn to Executive Session to discuss pending litigation,
personnel, and real estate matters, and review of executive session minutes. The motion
was seconded by Trustee Pietron and approved unanimously pursuant to a roll call vote at
6:01 p.m.
II. Present were: Trustees Bill Grear, Shel Marcus, John Pletron, John Thill, Maria Toth, and
Janine Witko. Staff present included Village Administrator Ryan Horne and Corporation
Counsel Teresa Hoffman Liston.
III. EXECUTIVE SESSION
At the conclusion of the meeting, Trustee Toth moved to adjourn the executive session and
recommence the regular Board meeting in the Council Chambers. The motion was seconded
by Trustee Marcus and approved unanimously via a voice vote at 6:56 pm.
RECONVENE MEETING
Village President Dan DiMaria reconvened the meeting at 7:00 p.m. and led the assemblage
in the Pledge of Allegiance, after which Clerk Ed Ramos called the roll.
IV. APPROVAL OF MINUTES
Regarding the Minutes of the September 8, 2014 Regular Board Meeting, Trustee Toth
moved, seconded by Trustee Witko, to accept the Minutes as presented. Upon the voice vote,
the motion passed unanimously.
V. SPECIAL REPORTS
Plan Commission Case PC 14-14 Proposes a Text Amendment to Section 12-17-1 of the
Unified Development Code to Modify the Definition of "Entertainment Uses",
a. Plan Commission Chairman Ron Farkas presented this case, noting that it was the first of two
cases that are related.
b. The Applicant in these cases is Virtuoso Performing Arts LLC (VPA), who is requesting an
amendment to the "Entertainment Uses" definition to clarify the inclusion of the performing
arts center uses, with an instructional accessory use.
Minutes of Au ust 11 2014 Board Meetin
V. SPECIAL REPORTS (continued)
c. Mr. Farkas said that VPA concurrently submitted a Special Use application to operate a
Performance Arts Studio at 8120 Lehigh Avenue. VPA wants to relocate their performing arts
studio from 8700 Waukegan Road. Staff said that this type of use could fall under the existing
definition of an Entertainment Use, but felt that the training/education component should be
added to the definition to distinguish performing arts centers (which focus on performance
and preparation Thereof) versus schools. The new definition being proposed is:
"Entertainment Use: A for-profit establishment or use that provides
live performances, shows, or productions, which may include
ancillary educational programs. Adult live entertainment and adult
entertainment facilities are specifically excluded from this definition."
d. Mr. Farkas said this revised definition allows both Fear City and VPA to operate without the
definition itself being verbose. References to gambling and intertrack wagering are in the
current definition. Mr. Farkas explained that those references have been dropped as they
are no longer within the parameters of the language used in the new definition. Also, in the
Village's Unified Development Code, if a use is not specifically provided for or included,
then it's not a permitted use. References to alcohol consumption, also listed in the current
definition, were dropped because alcohol licenses are under the purview of the Liquor
Commission, and therefore didn't belong in the definition anyway.
Mr. Farkas said that no one at the hearing spoke to this matter. The Plan Commission
approved it unanimously, 5-0, with two Commissioners absent.
2. Plan Commission Case PC14-15 Requesting a Special Use Permit for "Entertainment Uses"
in Accordance With Section 12-4-4-E of the Village of Morton Grove Unified Development
Code at 8120 Lehigh Avenue. Morton Grove, IL.
Chairman Farkas said this was the case related to the above Text Amendment request.
a. Virtuoso Performing Arts LLC (VPA) is seeking a Special Use Permit to operate a performing
arts studio at 8120 Lehigh Avenue in the M2 General Manufacturing District.
b. VPA provides four distinct shows per year, with each show having multiple performances.
VPA offers dance, acting, voice, and music instruction to children and teens from pre-school
age through 12h grade. The center employs eleven faculty members and two office staff and
serves 200-250 participants each season. They have two larger shows each year, which are
held at Niles West.
c. Mr. Farkas said that the hours would be 3:30 to 9:30 p.m. Monday through Friday, and from
9:00 a.m. to 4:00 p.m. on Saturdays. instructional hours begin at 4:00 p.m. Parking at the
facility includes 35 designated parking spaces adjacent to the facility, with 22 more
"undesignated" spaces, so parking is more than adequate.
d. This facility is 8,600 square feet of industrial area. Mr. Farkas said that this facility lives up to
the "vision" in the draft Morton Grove industrial Areas Plan, a study undertaken by the Chica-
go Metropolitan Area for Planning.
e. Mr. Farkas said that no one from the public addressed this matter at the Plan Commission
hearing, and the Commissioners found that the seven standards for Special Use were met.
They voted 5-0 to recommend approval of this request, with two Commissioners absent.
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VI.
PUBLIC HEARINGS
NONE
Minutes of Au est 11, 2014 Board Meetin
VII. RESIDENTS' COMMENTS (Agenda Items Only)
1. Eric Poders spoke regarding Resolution 14-47 (Authorizing the Purchase of 5,500 Tons of
Roadway Salt). He asked how the procurement process with Central Management Services
(CMS) worked and wondered why the Village purchased salt from the State of Illinois. He said
he had done some research and had found two other companies (North American Salt and
Central Salt) from which the Village could buy its salt. He felt the Village was paying a lot for
its salt, noting that Arlington Heights was paying a lot less ($74.52 per ton) than Morton Grove
is ($109 per ton). Mr. Poders wondered why Morton Grove would pay the State for salt when
the State isn't paying its bills.
a.
Director of Public Works Andy DeMonte responded, saying that the Village purchases its salt
from Morton Salt. He said the State gathers 500 municipalities and goes to bid on the salt.
Central Salt, Morton Salt, all the known salt companies bid on it.
b. Mr. DeMonte said he couldn't speak to why the cost per ton of salt varies so much from
municipality to municipality (from $74 per ton to $140 per ton). He said he had asked the
State and they said they had nothing to do with the pricing. The salt companies themselves
set the price. Mr. DeMonte said he called Morton Salt and is still waiting for a return call. But,
he added, if we want salt this year, we're committed to this purchase.
2.
Debra Stambres, Executive Director of the Morton Gove Public Library, updated the Board
and assemblage on the renovations going on at the Library. A facility needs assessment
was done which concluded that some of the roofs trusses were failing and needed to be
reinforced. There was also a finding of asbestos which needs to be abated. The Library is
trying to have all the work done simultaneously. Ms. Stambres thanked the Board for their
support and for providing storage space for some of the Library's collections. She said that
currently, the public Internet computers are still available and the children's section is still
available. The Baxter Room is closed, and a number of programs have been cancelled. As of
October 1, the main floor will be closed. The Library hopes to be fully reopened by mid-
November, with the final roofing work completed in December.\.
Trustee Thill asked Ms. Stambres it the Library has the funds to complete the needed repairs.
She responded that the Library is drawing down sorre of its reserve funding and they also
qualify for some grant monies.
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ust 11, 2014 Board Meet's
VIII. PRESIDENT'S REPORT
1. Mayor DiMaria presented Resolution 14-46, Authorizing a Notice of Proposed Rulemaking
Proceedings "Hazardous Materials: Enhanced Tank Car Standards and Operational
Controls for High -Hazard Flammable Trains," which is currently before the Pipelines
and Hazardous Materials Safety Administration in Docket No. PHMSA-2012-0082
(HM -251).
He explained that this resolution formalizes the Village's support for stricter regulations for
enhanced tank car standards and operational controls for "high hazard flammable trains" that
operate on railways traveling through the Village of Morton Grove.
Mayor DiMaria said that safe rail operations are of critical importance to the safety of
communities, and cited several cases where freight trains carrying hazardous materials had
derailed, causing evacuations and deaths.
Trustee Pietron moved to approve Resolution 14-46, seconded by Trustee Toth.
Motion passed: 6 ayes, 0 nays.
Tr. Grear aye Tr. Marcus aye Tr. Pietron aye
Tr. Thill aye Tr. Toth aye Tr. Witko aye
2. Mayoral Update
Mayor DiMaria noted the passing of Fred "Ike" Huscher, one of the original settlers of Morton
Grove, and a former Fire Chief, who has passed away at the age of 92. Chief Huscher served
in the Navy during World War II and was active in the Village's volunteer fire department. In
1949, he became the first paid member of the Morton Grove Fire Department. He became
Chief in 1975 and retired in 1980. Among other things, Chief Huscher served on the Police and
Fire Commission and on the Morton Grove Centennial Commission as the chairman of the
book commemorating the history of the Village. He also coordinated the relocation of the
Haupt-Yehl house.
Mayor DiMaria asked for a moment of silence to honor his passing.
Trustee Marcus commented that he had worked with Chief Huscher on the Centennial book.
He said the chief had a fantastic wealth of knowledge about Morton Grove's history. He was
always proud of Morton Grove and will be missed.
Trustee Grear congratulated Mayor DiMaria on his wedding anniversary, which is today.
3. Community Development Updates
a. Mayor DiMaria said that Wright -Way Rescue's grand opening would be this Saturday,
September 27`h. He complimented the Building Department for moving this venture along,
and congratulated Wright -Way on doing a wonderful job of fixing up their new residence. He
encouraged residents to stop by Wright -Way Rescue!
b. Mayor DiMaria announced that an online local business directory will be launched this week.
It will be searchable by business name and/or business type. He urged all residents to "shop
locally!"
Minutes of Au ust 11, 2014 Board Moetin'
VIII.
PRESIDENT'S REPORT (continued)
c. Mayor DiMaria noted that the Village and Chamber of Commerce have partnered to come up
with a Banner Program, which was announced a few meetings ago. The banners will be put up
on the light poles starting on east Dempster Street in the next week or so.
d. Mayor DiMaria sad that development in Morton Grove is increasing; the number of permits
issued this year for both residential and commercial is higher than last year at this same time.
He said the economy is finally turning around and businesses are investing in Morton Grove.
e. Mayor DiMaria thanked the Library for hosting a "How To" fest, which featured vendors from
Fear City, Culvers, Pequods, and the MG Fire Department were all featured.
f. Mayor DiMaria also thanked Reps. John D'Amico and Laura Fine for doing an interview show
which will be scheduled on Channel 6. Rep. D'Amico is, in part, responsible for the Park
District receiving $75,000 to renovate the playground at Jacob Park. Mayor DiMaria said more
interview shows will be done thoughout the year to help keep residents informed.
g. Mayor DiMaria stated that ComEd is scheduling a transformer move this coming Saturday.
State police will be escorting the transformer.
h. Mayor DiMaria announced the Village will hold a Community Outreach forum to listen and re-
spond to residents' concerns. It will be held on November 5 at 6:00 p.m. at the Oriole Pool
Aquatic Center.
Mayor DiMaria remarked that a revamped Village website launched this past June. It is more
graphically appealing, better organized, and is more user-friendly. Development of two addi-
tional Village websites, one for the Police Department and one for the Economic Development
Department, is in process.
Mayor DiMaria noted that the Marketing & Branding Initiative is at a midpoint. After extensive
research, NorthStar will present the strategy platform in early October. The strategic platform
provides the basis for the brand and identity marketing.
k. Mayor DiMaria wished his wife Melodee a happy 24th anniversaryl
IX. CLERK'S REPORT
Clerk Ramos reported that St. Martha's would be holding an Oktoberfest this Saturday from
5:00 p.m. to 10:00 p.rn. Admission is free, but there is a charge for food and beverages. The
Park District is simultaneously holding a Oktoberfest weekend on Friday, September 2.6 and
Saturday, September 27. Entertainment will be provided and there's no cost for admission.
X. STAFF REPORTS
A. Village Administrator:
Village Administrator Ryan Horne announced that the first two Budget Workshops would be
held on October 8 and October 9. Other budget workshops will be scheduled for mid- and late
October.
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Minutes of Au , ust 11, 2014 Board Meetin
X.
B. Corporation Counsel:
Corporation Counsel Liston had no report.
STAFF REPORTS (continued)
XL
A. Trustee Grear:
Trustee Grear had no report.
B. Trustee Marcus:
TRUSTEES' REPORTS
Trustee Marcus had no formal report, but wished all the Jewish residents of Morton Grove a
happy Rosh Hoshana.
C. Trustee Pietron:
Trustee Pietron had no report.
D. Trustee Thill:
1. Trustee Thill presented Ordinance 14-19, Amending Title 5, Chapter 13, Article A-2 and
Title 5, Chapter 13, Article A-4, Entitled "Traffic Schedules" of the Municipal Code of the
Village of Morton Grove.
This is the second reading of this Ordinance
Trustee Thill explained that the Traffic Safety Commission received and reviewed a request for
a four-way stop sign or Greenwood Avenue at its intersection. with Ottawa. The Commission
voted in favor of the request.
Trustee Thill moved to adopt Ordinance 14-19, seconded by Trustee Toth.
Motion passed: 6 ayes, 0 nays.
Tr. Grear aye Tr. Marcus aye Tr. Pietron aye
Tr. Thill aye Tr. Toth aye Tr. Witko aye
2. Next, Trustee Thill presented Resolution 14-47, Authorization for the Purchase of 5,500
Tons of Roadway Salt.
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Minutes of Au • ust 11 2014.Board Meetin
XI. TRUSTEES' REPORTS (continued)
D. Trustee Thill: (continued)
a. Trustee Thill explained that the estimated value of this contract is $604,670. Since this is a unit
price contract, the final contract amount will be based on the actual quantity of salt purchased
at a price of $109.94 per ton). The Village must purchase a minimum of 80% of its order, which
can go as high as 120%.
Trustee Thill moved to approve Resolution 14-47, seconded by Trustee Toth.
b. Trustee Marcus commented that, cost -wise, over the years, it's been to the Village's advantage
to work with CMS. We should follow through with our commitment.
3.
Mayor DiMaria asked Clerk Ramos to call the vote.
Motion passed: 6 ayes, 0 nays.
Tr. Grear aye Tr. Marcus aye Tr. Pietron aye
Tr. Thill aye Tr. Toth aye Tr. Witko aye
Next, Trustee Thill presented Resolution 14-48, Authorizing the Sale of Surplus Property
Owned by the Village of Morton Grove on Tuesday, October 14, 2014, Through the
Northwest Municipal Conference/Manheim Auction Services.
He explained that Public Works annually reviews vehicle and equipment conditions for all Vil-
lage departments. After review, some of the equipment is determined to be no longer useful for
a variety of reasons; including cost of maintenance, outdated, no longer used, or scheduled for
replacement. The Village is allowed by Ordinance 05-27 to sell surplus motor vehicles pursuant
to a resolution approved by simple majority of the Board of Trustees.
Trustee Thill moved to approve Resolution 14-48, seconded by Trustee Pietron.
Motion passed: 6 ayes, 0 nays.
Tr. Grear aye Tr. Marcus aye Tr, Pietron aye
Tr. Thill aye Tr, Toth aye Tr. Witko aye
E. Trustee Toth:
Trustee Toth had no report.
n - #e 114B...L'.I
XI
TRUSTEES' REPORTS (continued)
F. Trustee Witko:
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a.
b.
c.
d.
e.
f.
Trustee Witko presented Ordinance 14-18, Amending the Vilage of Morton Grove Unified
Development Code, Section 12-3-5, To Modify Regulations Regarding Fences Within
Front Yard Setbacks.
This is the second reading of this Ordinance.
Trustee Witko explained that the Village's code currently prohibits fences in front yards and
any side or rear yard that abuts a street. This ordinance will approve a text amendment to
allow for a by -right review process for limited fencing within portions of street side yards, on
eligible corner or multi -frontage lots, while preserving the intent of the original ordinance to
promote open yards and enhanced streetscapes along streets, and to ensure pedestrian and
vehicular safety along sidewalks, streets, alleys, driveways, and other access ways by
minimizing visual obstructions.
Such by -right fences would be limited to 42 inches in height, have a minimum of 50% opacity;
provide 10 -foot by 10 -foot sight line triangles at any point where two pedestrian or vehicular
access ways intersect, and only enclose that portion of the street side and adjacent rear yard
that is in line with and behind the rear portion of the principal structure, closest to the street
side yard property line.
Trustee Witko moved to adopt Ordinance 14-18, seconded by Trustee Pietron.
Trustee Toth asked Economic Development Director Nancy Razdevich what type of fencing
materials would provide 50% opacity. She responded that these guidelines are specifically
geared to by -right corner side yard fences. Ms. Razdevich said there are many varieties of
fencing materials, including picket fencing made of wood or vinyl, or aluminum or wrought iron
fencing. Some fencing materials are more cost-effective and easier to maintain than others.
The intent is to maintain the streetscape and the openness.
Trustee Marcus asked if the State has restrictions for fencing of residences along major
arteries, Ms. Razdevich said the Ordinance was developed with the assistance of the Village
Engineer. The height regulation of 42" is a traffic engineering standards, and the sight line re-
quirements are established for visual safety. A higher fence would require more of a set -back.
Mayor DiMaria said it would be good to get a link to this verbiage on the Village's website. He
felt it was a topic that could come up a lot for residents. Ms. Razdevich said that she could set
up a page strictly on fencing requirements that would also indude graphics of examples.
Upon the vote, the motion passed: 6 ayes, 0 nays.
Tr. Grear aye Tr. Marcus aye Tr. Pietron aye
Tr. Thill ye Tr. Toth ave Tr. Witko aye
Mayor DiMaria said before Trustee Witko moved on to Ordinances 14-20 and 14-21, he want-
ed to call attention to the fact that, included in each Board Member's packet, was a letter from
the attorney representing Virtuoso Performing Arts, LLC, asking that the second reading of
both ordinances be waived. He said the attorney was present this evening, and asked if any of
the Board wanted to discuss his reasons for the request further. No one did.
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Minutes of A • ust 11, 2014 Board Meotin
XI. TRUSTEES' REPORTS (continued)
F. Trustee Witko: (continued)
2. Trustee Witko next presented for a first reading Ordinance 14-20, Approving a Special Use
Permit for an Entertainment Use to Allow for the Operation of a Performance Arts Studio
With Ancillary Instructional Courses at 8120 Lehigh Avenue, Morton Grove, Illinois.
a.
b.
She explained that this is pursuant to Plan Commission Case 14-15, reported out earlier this
evening.
Trustee Witko moved to waive the second reading of Ordinance 14-20, seconded by Trustee
Pietron.
Trustee Toth said that she usually objects to waiving the second reading, noting that often
times, residents will watch a Board meeting on Channel 6, find out about something, and want
to come to the next Board meeting to address it. Waiving the second reading does not give the
public that opportunity. She said she understands that residents did have the chance to speak
to this project at three public meetings, and understands that VPA has pressing timeline
issues. She said she would support the waiver of the second reading in this case.
Trustee Marcus said that he shares Trustee Toth's objections and that he, too, often objects to
waiving the second reading of an ordinance. In this case, since he's a fan of the performing
arts, and since this won't affect any residents, he too will support the waiver.
Mayor DiMaria called for the vote on waiving the second reading of Ordinance 14-20.
Motion passed: 6 ayes, 0 nays.
Tr. Grear aye Tr. Marcus aye Tr. Pietron aye
Tr. Thill aye Tr. Toth ave Tr. Witko aye
Trustee Witko then moved to adopt Ordinance 14-20, seconded by Trustee Grear.
Motion passed: 6 ayes, 0 nays.
Tr. Grear aye Tr. Marcus ayre Tr. Pietron ave
Tr. Thill aye Tr. Toth ave Tr. Witko aye
3. Next, Trustee Witko presented for a first reading Ordinance 14-21, Amending
Ordinance 11-27 That Granted a Special Use Permit to Allow an Entertainment Use
for a Haunted House at the Property Located at 8820 N. Austin Avenue, Morton Grove,
Illinois.
a.
She explained that Ordinance will approve a minor amendment to the Special Use permit to
allow private parking attendants in lieu of off-duty police officers to direct traffic to/from Austin
Avenue and the subject property. AM of the required staff and commissioners have reviewed
the requested amendment, in consultation with the Morton Grove Police and Public Works De-
partments, and it was determined that this requested amendment is in substantial compliance
with and does not change the intent of the original special use permit.
Trustee Witko moved to waive the second reading of Ordinance 14-21, per the request of Fear
City. Trustee Toth seconded the motion.
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Minutes of Au • ust 11 2014 Board AAeetin •`
XI. TRUSTEES' REPORTS (continued)
F. Trustee Witko: (continued)
b. Trustee Marcus wondered ifthe residents in the area needed to be notified of this change.
Ms. Razdevich said there was no requirement of notification in a case such as this, which is
approving a minor amendment.
Mayor DiMaria called for the vote.
Motion passed: 6 ayes, 0 nays.
Tr. Grear aye Tr, Marcus aye Tr. Pietron aye
Tr. Thill aye Tr. Toth aye Tr. Witko aye
Trustee Witko then moved to adopt Ordinance 14-21, seconded by Trustee Grear.
Motion passed: 6 ayes, 0 nays.
Tr. Grear aye Tr. Marcus aye Tr. Pietron aye
Tr. Thill aye Tr. Toth aye Tr. Witko aye
4. Lastly, Trustee Witko presented for a first reading Ordinance 14-22, Amending the Village of
Morton Grove Unified Development Code, Section 12-17-1, to Modify the Definition of
"Entertainment Uses."
She explained that this is pursuant to Plan Commission Case 14-14, reported out earlier this
evening.
Trustee Witko moved to waive the second reading of Ordinance 14-22. seconded by
Trustee Toth.
Motion passed: 6 ayes, 0 nays.
Tr. Grear aye Tr. Marcus aye Tr. Pietron aye
Tr. Thill aye Tr. Toth aye Tr. Witko aye
Trustee Witko then moved to adopt Ordinance 14-22, seconded by Trustee Pietron.
Motion passed: 6 ayes, 0 nays.
Tr. Greer aye Tr. Marcus aye Tr. Pietron aye
Tr, Thill aye Tr. Toth aye Tr. Witko aye
XII. OTHER BUSINESS
NONE
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ust 11, 2014 Board Meetln
XIII. WARRANTS
Trustee Toth presented the Warrant Register for September 22, 2014, in the amount of
$717,533.73.
She moved to approve the Warrants as presented, seconded by Trustee Thill.
Motion passed: 6 ayes, 0 nays.
Tr. Grear aye Tr. Marcus ave Tr. Pietron aye
Tr. Thill aye Tr. Toth aye Tr. Witko aye
XIV. RESIDENTS' COMMENTS
Larry Strybel, 6029 Capulina, noted that the address on Ordinance 14-21 was incorrect; it
should be listed as 8240 Austin Avenue.
Mayor DiMaria thanked him for catching the error.
XV. ADJOURNMENT
Trustee Toth moved to adjourn the meeting, seconded by Trustee Marcus.
Motion passed: 6 ayes, 0 nays.
Tr. Grear aye Tr. Marcus aye Tr. Pietron aye
Tr. Thill aye Tr. Toth aye Tr. Witko aye
The meeting adjourned at 7:52 p.m.
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PASSED this 13th day of October, 2014.
Trustee Grear
Trustee Marcus
Trustee Pietron
Trustee Thill
Trustee Toth
Trustee Witko
APPROVED by me this 13th day of October, 2014.
1
Daniel P. DiMari., Village Pre dent
Board of Trustees, Morton Groe, Illinois
ILED in my office this 14th day of October, 2014.
EEdlberto Ramos, Village Clerk
Village of Morton Grove, Cook County, Illinois
nst 11, 2014 Board Meetin
Minutes bv. Teresa Cassa
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