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HomeMy WebLinkAbout2017-06-26 Agendas/ the MORTON GROVE Incredibly Close !{ Amazingly Open VILLAGE BOARD OF TRUSTEES REGULAR MEETING NOTICE/AGENDA TO BE HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER SCANLON CONFERENCE ROOM June 26, 2017 6:00 pm (The hour between 6:00 and 7:00 pm is set aside for Executive Session per 1-5-7A of the Village of Morton Grove Municipal Code. If the Agenda does not include an Executive Session, the meeting will begin at 7:00 pm.) 1. Call to Order 2. Pledge of Allegiance 3. Executive Session — Property Acquisition THE BALANCE OF THE MEETING SHALL COMMENCE AT 7:00 PM IN THE COUNCIL CHAMBERS OF THE RICHARD T. FLICKINGER MUNICIPAL CENTER 4. Reconvene Meeting 5. Pledge of Allegiance 6. Roll Call 7. Approval of Minutes — Regular Meeting — June 12, 2017 8. Special Reports a. An Introduction to this Year's Farmers' Market b. Presentation of Plan Commission Case PC17-12 Requesting a Special Use Permit for a Tavern, Bar, and Cocktail Lounge with Live Music as an Accessory Use and Associated Parking Waivers for the Property Commonly Known as 5705-07 Dempster Street to be made by Community and Economic Development Director Nancy Radzevich 9. Public Hearings 10. Residents' Comments (agenda items only) 11. President's Report — Administration, Comprehensive Plan, Council of Mayors, Northwest Municipal Conference, Strategic Plan Committee 1) Appointment of Ann Estey as Secretary to the Traffic Safety Commission 2) Proclamation — J. Herman Sitrick Day — June 26, 2017 12. Clerk's Report — Condominium Association, Strategic Plan Committee 13. Staff Reports a. Village Administrator 1) Miscellaneous Reports and Updates b. Corporation Counsel 14. Reports by Trustees a. Trustee Grear — Building Department, Community and Economic Development Department, Lehigh/Ferris TIF, Police Facility Committee, Prairie View TIF, Special Events Commission, Traffic Safety Commission (Trustee Minx) 1) Ordinance 17-16 (Introduced June 26, 2017) (First Reading) Amending Title 5, Chapter 13, Article A, Section 2 Entitled "Two -Way Stop Intersections"; Title 5, Chapter 13, Article A, Section 4 Entitled "Four -Way Stop Intersections"; Title 5, Chapter 13, Article F, Section 1 Entitled "No Parking Streets"; and Title 5, Chapter 13, Article F, Section 3E Entitled "Time Limit Parking Zones" of the Municipal Code of the Village 2) Ordinance 17-17 (Introduced June 26, 2017) (First Reading) Amending Title 5, Chapter 13, Article D, Section 1 entitled "No Entry Streets Declared" and Title 5, Chapter 13, Article J, Section 2 Entitled "No Right Turn" of the Municipal Code of the Village b. Trustee Minx — Capital Projects, Chamber of Commerce, Natural Resource Commission, Plan Commission/Zoning Board, Public Works Department, Waukegan Road TIF (Trustee Grear) 1) Ordinance 17-15 (Introduced June 12, 2017) (Second Reading) Approving a Text Amendment to Modify Medical and Dental Office/Clinic Use Classifications in Commercial Districts of the Village's Municipal Code 2) Resolution 17-34 (Introduced June 26, 2017) Authorizing the Execution of a Service Contract Extension with Crystal Management and Maintenance Services Corporation for Janitorial Cleaning Services 14. Reports by Trustees (continued) d. Trustee Minx (continued) 3) Ordinance 17-18 (Introduced June 26, 2017) (First Reading) Approving a Special Use Permit for a Tavern, Bar, and Cocktail Lounge with Live Music and/or Vocal Entertainment as an Accessory Use and Associated Parking Waivers at 5705-07 Dempster c. Trustee Ramos —Appearance Commission, Environmental Health, IT Legal Department (Trustee Travis) d. Trustee Thill —Advisory Commission on Aging, Emergency Management Agency, Family and Senior Services Department, Fire Department, Fire Pension Board, RED Center, SWANCC (Trustee Witko) e. Trustee Travis — Community Relations Commission, Dempster Street Corridor Plan, Finance Advisory Commission, Finance Department (Trustee Ramos) f. Trustee Witko — Economic Development Commission, Farmers' Market, Fire and Police Commission, NIPSTA, Police Department, Police Pension Board, Water Commission (Trustee Thill) 15. Other Business 16. Presentation of Warrants $606,729.78 17. Residents' Comments 18. Executive Session — Personnel Matters, Labor Negotiations, Pending Litigation, and Real Estate 19. Adjournment - To ensure full accessibility and equal participation for all interested citizens, individuals with disabilities who plan to attend and who require certain accommodations in order to observe and/or participate in this meeting, or who have questions regarding the accessibility of these facilities, are requested to contact Susan or Marlene (897/470-5220) promptly to allow the Village to make reasonable accommodations. JVIINUTES 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 JUNE 1 2, 2017 CALL TO ORDER I — Village President Dan DiMaria called the meeting to order at 7:00 pm. in the Council V. Chambers of Village Hall, and led the assemblage in the Pledge of Allegiance. VI. Village Clerk Eileen Harford called the roll. Present were: Trustees Bill Grear, Rita Minx, Ed Ramos, John Thill, Connie Travis, and Janine Witko. VII. APPROVAL OF MINUTES Regarding the May 22, 2017 Regular Board Meeting, Trustee Thill moved to approve the Minutes as presented, seconded by Trustee Witko. Motion passed unanimously via voice vote. VIII. 1. a. b. SPECIAL REPORTS Announcement of the Spring 2017 Photo Contest Winners Community Relations Commissioner Gia Schultz, who served as one of the judges of the photo contest, said that the Community Relations Commission's purpose is to foster, encourage and stimulate the improvement of relations among and between citizens of all races, creeds, national origins and economic and educational levels; and to provide all individuals with an equal opportunity to grow and participate to the best of their ability, in the economic, educational, social and cultural activities available in our community. The Commission sponsors the Adopt -A -Planter program as well as a community -wide garage sale. The Commission also distributes information at the Farmers' Market and acts as greeters for the Village's quarterly Neighborhood Outreach events. Commissioner Schultz thanked all those who participated in the Spring Photo Contest and announced the winners: Eva Hermiz, Adam Eisenberg, Brian Kabat (with two winning photos), and Noel Magsino. Noel's photo was also selected as "Overall Winner." The winning photos will be displayed at Village Hall and posted on the Village's Facebook page. Ms. Schultz said that the Village has also used some previously -submitted photos on new banners that have gone up along Dempster Street. c. The Commission's Summer Photo Contest will begin on July 1st and end on Labor Day. Up to five photos can be submitted to crc(a mortongroveil.orq or by dropping them off at Village Hall. inutes of June 12, 2017 Board Meeting VIII. SPECIAL REPORTS (continued) d. Ms. Schultz added that this year's community -wide garage sale would take place from August 11 to August 13. Participants must register on the Village's website. You can register for all three dates or individual dates. e. Ms. Schultz said the Commission currently has 13 members, but is always looking for more. The Commission meets the second Tuesday of every month at 6:30 p.m. in the Scanlon Conference Room, second floor, at Village Hall. The next meeting is scheduled for tomorrow night. f. Mayor DiMaria thanked Ms. Schultz for her presentation, adding that it was his understanding that tomorrow night's Commission meeting had been cancelled. Ms. Schultz said she hadn't been aware of that, and thanked the mayor for the updated information. Mayor DiMaria complimented Ms. Schultz and the other members of the Commission on doing a fantastic job. 2. Plan Commission Case PC17-11, Requesting a Text Amendment to Modify the Unified Development Code to Add an Administrative Review Process to Allow for Lower Intensity Medical and Dental Offices/Clinics Uses. a. Director of Community and Economic Development Nancy Radzevich presented this report. She said that, in 2014, the Village amended the Unified Development Code to modify the "medical and dental offices/clinics" use in the Commercial Districts from a Permitted Use to a Special Use in order to provide additional scrutiny, because a potentially intense medical clinic/office use can generate parking demands and/or traffic volumes that could impact other businesses and/or adjacent residential neighborhoods, particularly when such uses are located in an area with limited on-site or public parking available. However, recently, some lower - intensity medical office uses have expressed interest in locating in commercial areas where there is sufficient parking, but currently, the only approval method, regardless of the intensity of the use, is the Special Use process. b. Ms. Radzevich said this proposed amendment will allow for a two-tiered approach: adding an administrative review process to allow lower -intensity medical and dental offices/clinics uses to be allowed by right to the current Special Use process, which would still be used for higher - intensity medical and dental offices/clinics uses. This will provide a more streamlined process for medical and dental office uses that are lower intensity and/or proposed to be located in areas where their specific business model will not have an adverse impact on the adjacent commercial uses and/or residential neighborhoods. c. Ms. Radzevich said there was limited discussion on this at the Plan Commission hearing, but the Commission had wondered what would happen if a low -intensity use gradually became more of a higher -intensity use—would that business need to come back to the Plan Commission for approval? And how would the Village notice such an increase? d. Ms. Radzevich said there are checks and balances in place, including a written report on staffing levels, hours of operation, patient schedules per day, and other information to get a sense of how the business is running. Businesses are issued a business compliance certificate each year, which provides another opportunity to check to see if a business is operating in the manner in which it was originally approved. If a business appears to have increased its intensity, that business may then have to apply for a variance for a parking waiver, or a special use permit, if Village staff determines that further scrutiny is warranted. 2 Minutes of June 12, 2017 Board Meeting VIII. SPECIAL REPORTS (continued) e. If a business is expending and adding to its facility, they would need to apply for a building permit, which would be reviewed by the zoning department, and that is another way of checking the business' compliance with the standards. Ms. Radzevich said the Plan Commission recommended approval of this request unanimously. IX. PUBLIC HEARINGS NONE X. RESIDENTS' COMMENTS (Agenda Items Only) 1. Mayor DiMaria noted that a large number of people were present tonight to comment on Ordinance 17-12, which would allow the Village to exercise its home rule authority to opt out of Cook County ordinances requiring employers in Morton Grove to pay higher minimum hourly wages and provide up to five paid sick days. These ordinances take effect July 1st. Mayor DiMaria asked those who wished to speak to keep their comments to a minute or two at the most, so that everyone would get a chance to say something. 2. Cook County Commissioner Larry Suffredin said that it's a pleasure to represent Morton Grove at the County level. He applauded the Board for taking the "bold step" to table this ordinance at their last Board meeting. Commissioner Suffredin said that the last bill passed by the Illinois Senate at its May 31st meeting (SB 81) establishes a state-wide minimum wage that would be phased in as follows: the minimum hourly wage would increase to $9/hour on January 1, 2018; $10/hour on January 1, 2019; $11.25/hour on January 1, 2020; $13/hour on January 1, 2021, and $15/hour on January 1, 2022. He asked the Board to put pressure on Governor Rauner to pass this bill, and asked the Board to consider deferring any action on Ordinance 17-12 until we see what the governor does. A state-wide minimum wage would ensure a level playing field for all the communities within the State. a. Trustee Thill clarified that, if Morton Grove postpones, the Cook County ordinances would take effect automatically on July 1. Commissioner Suffredin said yes, and that's part of the reason to encourage the governor to sign the bill, which has already been passed by the Illinois House of Representatives. A State law would preempt the Cook County ordinances. Commissioner Suffredin added that, even if the governor does not pass the bill, Morton Grove could still opt out after July 1. 3. Elliott Zashin, a member of Open Communities, said he supports the Cook County ordinances. He said that the Cook County Board thoroughly debated this and in the end, voted for it. He felt it was unfortunate that some communities have opted out, pointing out that workers in some of the chain stores with multiple locations will find that some of them will be getting a raise, while others doing the exact same job, will not. He said he hoped the Village would remember that there was a huge voter mandate for increasing the minimum wage. 3 +'=Minutes of June 12,2017 Board Meeting X. RESIDENTS' COMMENTS (Agenda Items Only) (continued) 4. Krista Krueger, an anthropologist at Loyola and a Morton Grove resident, read a statement written by Ruth Gomberg Munoz, a colleague and fellow resident. Ms. Munoz' statement was about the corporate "race to the bottom," — corporations' search for the cheapest labor force and lowest taxes. The race to the bottom has been found to leave behind poverty and destruction. Ms. Munoz' statement said, "This is evident in the U.S." Corporations lobby for politicians to pass right-to-work laws and undercut minimum wage laws to get businesses to move to their state or community. Her statement concluded by asking the Board to "resist the downward movement and instead, lift the community up." 5. Jon Cole, a Morton Grove resident and a business owner in another community, said he supports the Cook County ordinances for moral reasons, economic reasons, and he felt that the Board should represent the overwhelming majority of voters who voted in favor of raising the minimum wage. He said that he's heard one argument for opting out is that that local business owners worry about the higher minimum wage having a negative impact on them, but data from other places with higher minimum wages shows there are many benefits to both workers and the communities where these higher wages are in place. Business owners worry about being at a disadvantage if the Village doesn't opt out, but Mr. Cole felt it could be turned into an advantage. He suggested the Village or local Chamber of Commerce promote and market the fact of higher wages to the growing number of consumers who are socially conscious. There could be a campaign to do business in Morton Grove because we value our workers and our people. He encouraged the Board to not opt out, saying this could be a win for everyone. 6. Jay Stewart appeared on behalf of Cook County Board President Toni Preckwinkle. He read a letter from her, which, in part, said "Economic development has been a priority for my administration since I took office in 2010. 1 am committed to financial health across the board for all of Cook County and our residents. That goal requires a strong and healthy workforce. Last year, the County Board approved two ordinances aimed at building that workforce. One gradually raises the minim wage in the County to $13 per hour by the year 2020; the other allows employees to earn paid sick leave commensurate with the number of hours they work. A healthy workforce benefits all of us. When people have more money in their pocket, they spend more." Mr. Stewart added urged the Board not to opt out of the Cook County ordinances. 7. Laura Frisch thanked the Board for their time and said she was speaking on behalf of several friends who are single mothers working for minimum wages. She quoted from a letter authored by Congresswoman Jan Schakowsky, which stated that eighty percent of minimum wage workers are adults over the age of 21, many trying to support a family. The letter asked "If you only got paid $17,000 a year, what would you leave unpaid—the rent, groceries, shoes for your child, child care, or transportation costs to get to your job? What happens if you or your child gets sick and you have to lose a day's pay, or perhaps get fired if you take time off?" 8. Luke Sullivan read a statement on behalf of the Chicago Federation of Labor, which represents over 300 unions and supports the Cook County ordinances. Mr. Sullivan said that opting out jeopardizes workers; workers shouldn't have to worry about losing their job if they get sick. He pointed out that CEOs these days are garnering record-breaking compensation packages, whiles workers' wages remain stagnant. 4 X. 9. 10. Minutes of June 12, 2017 Board Meeting RESIDENTS' COMMENTS (Agenda Items Only) (continued) Mary Elsner, a resident and a voter, asked the Village to live up to the spirit of its motto and support the Cook County ordinances by taking no action this evening. She said that research shows communities with a higher minimum wage have a competitive advantage, with faster job growth and a decreased unemployment rate. She told the Board members that their job is "to listen to your voters who have overwhelmingly approved these ballot referendums," and added, "We're paying attention." Bob Burkhart said it's unfortunate that, in recent months, it's become popular with some people to advocate for the elimination of or reduction of benefits for the poor. He said he's sure that everyone has heard stories about people having to make choices between paying the rent or buying medicine or groceries. This is even more complicated when it's minimum wage workers trying to support a family. They often need government assistance, which comes from our taxes. He noted that the Board had recently approved a "welcoming community" resolution, which assures people that they will be treated fairly and with dignity in Morton Grove. He pointed out that, similarly, minimum wage ordinances are meant to treat people with dignity and pride. He encouraged the Board not to opt out of the Cook County ordinances. 11. Karen Garvin, a 10 -year resident, said that she has never missed an election. She submitted a petition with 90 signatures and noted that an online petition has about 30 more signatures. The petition encourages the Board to not opt out of the Cook County ordinances, pointing out that "Morton Grove is known as a fair and family -friendly town, but opting out of these ordinances would send the opposite message..." She said that, when she was circulating the petition, people were quite surprised that Morton Grove was considering opting out. She asked the Board, "If we are not willing to fight for the people at the bottom of the spectrum, who is?" 12. Janice Cha said that the arguments against raising minimum wage are "businesses can't afford the extra cost" and "customers would have to pay more." She said that, personally, she would rather pay more, knowing that the workers in the establishment are fairly paid. Big employers take advantage of government subsidies, yet still keep their workforce down. She felt that the Village would have a competitive advantage if it does not opt out of the Cook County ordinances. Ms. Cha said she also favored the paid sick leave law, saying that she not want to get sick by having her food prepared by someone who's ill but couldn't afford to take an unpaid day off of work. She asked the Board to "do right" by low -paid workers by either deferring the vote or voting against Ordinance 17-12. 13. John Barron, a Morton Grove resident since 1983, commented that our economy seems to be based on paying workers the least we can get away with. This doesn't take into account the fact that those workers have to make a living and possibly sustain a family. If those workers then have to apply for government assistance, that's paid for by the taxpayers. Mr. Barron said that, according to a Forbes article, as of 2014, a single Wal-Mart super -center costs taxpayers between $904,000 and $1.75 million a year. A 2015 Washing Post article said that the low wages paid by businesses, including some of the largest and most profitable (McDonalds and Wal-Mart) are costing taxpayers nearly $153 billion dollars annually. On the other hand, Costco pays its hourly workers more than $20 an hour. Costco's CEO feels that, by paying his workers a living wage, it helps put more money into the economy, plus his workers have high productivi- ty and low turnover. He asked the Board to consider that and "do the right thing? 5 .'''Minutes of June 12, 2017 Board Meeting X. RESIDENTS' COMMENTS (Agenda Items Only) (continued) 14. Karen Barron asked the Board not to opt out of the Cook County ordinances. She said that she has worked for an organization that wouldn't allow sick days for anyone working 20 hours or less, and many times ended up going to work sick because she wouldn't get paid otherwise. She shared a desk and a phone with other colleagues, and it was quite common for there to be "departmental" colds because of this rule. She also said that the thought of sick people (waitresses or cooks) handling her food is "alarming," adding that the Board should also feel that way. 15. JoAnn Rapp, a 34 -year resident, asked the Board if they truly believed that holding tight to an $8.25 minimum wage would enhance the economic health of the Village. She also wondered, "Would any of us work for $8.25 an hour if we could make more elsewhere?" Ms. Rapp recalled that, recently the telephone subsidy for the mayor was raised to $200/month, and for the trustees, to $100/month. She said the $200 represents 24 hours of working at $8.25/hour; the $100 represents 12 hours of work at that wage. She urged the Board to act fairly, and to heed the citations of vetted articles and reports presented tonight, saying, "Paying a decent living wage is an economic advantage for communities like ours." 16. Beverly Copeland, a 54 -year resident, said she was sincerely hoping that the Board members would show their humanity and compassion by not opting out of the Cook County ordinances. The wage increase would be good for the Village, and good for the workers and their families. 17. Naushina Rahman said she would like the Board to not opt out. She noted that, when you have low -paid workers, they need to get their needs met in different ways. She said that 33% of Niles North students are considered economically disadvantaged and get a free lunch. She said it's likely that their families get subsidies for housing, food, and health care. Ms. Rahman asked, "Why is it okay for us to help businesses pay these low wages and then use our tax money to pay for subsidies for low -paid workers?" She urged the Board to let parents earn enough so they don't need government handouts. 18. Kathleen McGrath of John Crane, which will be celebrating its 100th anniversary this year, wanted to speak from an employer's perspective. She said that she favored the Cook County minimum wage ordinance, but was concerned about the paid sick leave ordinance, particularly a section which allows for unused sick hours to carry over up to 20 hours. She said that it's complicated and that for John Crane, as an employer, it would be burdensome. She urged the Board to opt out of the paid sick leave ordinance, but not the minimum wage ordinance. 19. Hope Hornstein, a 58 -year resident, said she's always been proud of the Village because the Village has always done the right thing. When needed, Morton Grove was the first in the coun- try to pass gun control legislation, because it was the right thing to do. District 70 was one of the first schools to provide after-school daycare. That, too, was the right thing to do. Ms. Hornstein said that, as a senior, she has always supported every school referendum on the ballot, even though her children have been out of school for 30 years, but it's the right thing to do, because we need good schools. 6 inutes of June 12, 2017 Board Meeting X. a. RESIDENTS' COMMENTS (Agenda Items Only) (continued) Ms. Hornstein remarked that the Village recently declared that "everyone is welcome in Morton Grove," because that was the right thing to do. She encouraged the Board not to opt out of ordinances which will provide working parents a decent living wage and paid sick leave, so they could spend more time home with their children, because that, too, is the right thing to do. 20. Ellie Davis read an excerpt from the business section of last Friday's Chicago Tribune, which stated "Minimum wage can't cover rent for a two-bedroom apartment anywhere in the country for someone working a full-time minimum wage job." She said that the National Low Income Housing Coalition had a report showing that there is a huge gap between wages and apartment rental costs. A one -bedroom apartment is affordable for a minimum wage worker in only 12 counties in the country (located in Arizona, Oregon, and Washington State), because a person would need to earn at least $17.14/hour on average to afford a modest one -bedroom apartment in any kind of safe area. A person would have to earn $21.21/hour to afford a basic two- bedroom apartment—this is nearly three times the federal minimum wage of $7.25/hour. The report said that, on average, renters in the US make $16.38/hour. She encouraged the Board not to opt out of the Cook County ordinances. 21. Peg Lane said that she worked for 34 years in special education, dealing with emotional behavioral disabilities and dyslexia, for children from kindergarten through Grade 12, mostly in poverty-stricken areas. She commented that teachers often bring food in for their students who don't get a breakfast or a lunch, and annually spend about $2,000 on school supplies for kids. When parents of children who are on medication can't afford the medication, they often drop it, which can lead to drastic results in the classroom. Often there is domestic violence in homes where there are money problems. She said she couldn't find any research to back up the claim that a higher minimum wage would negatively affect businesses. She felt that a minimum wage of $12.15/hour should be the average rate in the Village and urged the Board not to opt out. 22. Margaret Grau, a 25 -year resident and sole proprietor of a business on Dempster Street, said she's in favor of welcoming businesses to Morton Grove and encouraging them to stay here. She felt that one way that could happen was if they had employees who were paid enough to be well -rested (from not needing to work a second job), and had a shorter commute (from being able to afford housing in or near town), they'd have happier employees doing a good job, which would lead to happier customers. She said, "If your goal is a strong business base in the Village, don't opt out." 23. Jon Lahn had three points to talk about. First, what kind of a community does Morton Grove want to be? There are other nearby communities nearby that have not opted out—if we do, we will attract the lowest common denominator of businesses. Second, what is the evidence of the "need" to opt out of these ordinances? He said he had not heard much opposition at all, and said others had been able to find research that backs up claims that increasing the minimum wage would have a negative impact on a business. Third, there are a number of rules and laws imposed on businesses that cost them money—for example, complying with sales tax regula- tions or environmental laws. Certainly they could save money by not being in compliance, but we don't let them do that, so why should they "save money" by not paying their employees fair- ly? Mr. Lahn said, "They don't run their businesses for $17,000 a year; why should they expect the men and women who work for them to do it for $17,000 a year?" He encouraged the Board to "do the right thing." 7 1111inutes of June 12, 2017 Board Meeting XI. PRESIDENT'S REPORT 1. Mayor DiMaria thanked everyone for coming and for the feedback they provided. He commented that, at the last Board meeting, there had been several dogs in the back of the room. He said that the dogs were therapy dogs from Rainbow Animal Assisted Therapy, and a proclamation for that organization had inadvertently been left off of the Agenda for that evening. Mayor DiMaria therefore proclaimed June 2017 as "Rainbow Animal Assisted Therapy Month" in Morton Grove. The Rainbow organization has developed and implemented animal -assisted therapy programs for children, particularly those with cognitive, behavioral, and physical concerns in Chicago and the suburbs, working in 25 hospitals, 12 public libraries, and 31 schools, as well as other miscellaneous facilities. Mayor DiMaria urged all residents to be mindful of and respect the work this volunteer agency performs on a daily basis, as well as the acts of kindness shown in disaster, mental health, and emergency situations. a. 2. Next, Mayor DiMaria sought approval of Resolution 17-32, Appointing a Director and Alternate Director to the Solid Waste Agency of Northern Cook County (SWANCC). He said that, as a member of SWANCC, the Village is entitled to appoint a Director to serve on the Agency's Board, which approves the yearly budget for the Agency and sets policy for the region's long-term plan to manage the area's garbage. This resolution would appoint Trustee Thill as the Village's Director and Trustee Witko and Village Administrator Czerwinski as Alternate Directors. Trustee Grear moved to approve Resolution 17-32, seconded by Trustee Minx. Motion passed: 6 ayes, 0 nays. Tr. Grear Tr. Thill Lya Tr. Minx Tr. Travis pig Lys Tr. Ramos Tr. Witko Lys 3. Mayor DiMaria sought concurrence from the Board to appoint John Pietron to the Appearance Commission as a member and as the Commission's Chairman. Trustee Minx so moved, seconded by Trustee Travis. Motion passed unanimously via voice vote. 4 Mayor DiMaria reminded the assemblage that the Fourth of July is getting closer and the Morton Grove Days Commission still needs volunteers! He encouraged any and all who are willing to donate an hour or two of their time to go to the Commission's website (www.mortongrovedays.org) to sign up or to learn more about the activities planned for the five-day festival. Mayor DiMaria added that the upcoming Village newsletter will include an article about the dates, times, and entertainment planned for this event. He encouraged everyone to come out, saying it's a great venue and a lot of fun! 5. Mayor DiMaria said the next Neighborhood Outreach meeting would take place this Thursday, June 15, at St. Mary's Knanaya Catholic Church, 7800 Lyons, from 6:00-7:30 p.m. These have been very successful in the past, and provide residents with the opportunity to talk to the Board and Village staff about any problems or concerns they're having. 8 XI. 1Vlinutes of June 12 2017 Board Meeting PRESIDENT'S REPORT (continued) 6. Mayor DiMaria noted that one of Morton Groves World War II veterans is being honored by the French government. Herman Sitrick, 92, is receiving France's Legion d'Honneur for his actions in Belgium during the war. He single-handedly captured 21 Germans in a blizzard! Mayor DiMaria said the Board would honor him at the next Board meeting. He also noted that the Legion d'Honneur is the highest honor France can bestow. It was established by Napoleon Bonaparte in 1802. Mayor DiMaria said there are not many of these veterans left, and he thanked Mr. Sitrick for his service to our country. 7. Mayor DiMaria congratulated three young men who recently achieved the rank of Eagle Scout: Connor Ramseyer, Sam Conkle, and Nick Greiner. He said these young men give all of us hope for the future of our Village. XII. CLERK'S REPORT Clerk Harford had no report. XIII. STAFF REPORTS A. Village Administrator: 1. Village Administrator Czerwinski reminded the assemblage that the Village has changed the annual cycle for vehicle stickers and pet licenses. Current 2016/2017 vehicle stickers and pet licenses will be valid until August 31, 2017. The new 2017/2018 vehicle stickers and pet licenses will be available to purchase on June 1, 2017, and must be displayed by August 31, 2017. Registration forms will be mailed starting the week of May 30th. The cycle will then be August to August going forward. 2. Mr. Czerwinski said that people had been asking about the status of Moretti's. He said there had been a delay in the permitting from the Metropolitan Water Reclamation District. Up to that point, much of the underground work had been completed (thanks to a mild winter). The permitting is now complete and work is proceeding. Mr. Czerwisnki said that walls would be up, hopefully by July 4th, and Moretti's is planning to be ready for operation and opening in early November. B. Corporation Counsel: Corporation Counsel Liston had no report. XIV. TRUSTEES' REPORTS A. Trustee Grear: Trustee Grear had no report. 9 Minutes of June 12, 2017. Board Meeting XIV. TRUSTEES' REPORTS (continued) B. Trustee Minx: Trustee Minx presented for a first reading Ordinance 17-15, Approving a Text Amendment to Modify Medical and Dental Office/Clinic Use Classifications in Commercial Districts of the Village of Morton Grove Municipal Code. This ordinance is pursuant to Plan Commission Case PC 17-11, reported out earlier this evening by Community and Economic Development Director Nancy Radzevich. Trustee Minx said that, as this is the first reading of this ordinance, no action will be taken this evening. C. Trustee Ramos: Trustee Ramos had no report. D. Trustee Thill: Trustee Thill had no report. E. Trustee Travis: 1. a. b. Trustee Travis presented Ordinance 17-13, Amending Title 5, Chapter 13, Article F, Section 1 Entitled "No Parking Streets" of the Municipal Code of the Village of Morton Grove. This is the second reading of this ordinance. Trustee Travis explained that area residents expressed concerns about the sight distance between traffic on Hennings Court and Ferris Avenue. Village staff investigated the concerns and implemented experimental parking regulations to eliminate the first parking space on the west side of Ferris north and south of Hennings Court. The Village asked affected residents and businesses in the area for their feedback. Trustee Travis said the Traffic Safety Commission reviewed the experimental regulations and recommended making them permanent. Trustee Travis moved to adopt Ordinance 17-13, seconded by Trustee Thill. Motion passed: 6 ayes, 0 nays. Tr. Grear Tr. ThiII gya Tr. Minx Tr. Travis Tr. Ramos afire Tr. Witko aye 10 Minutes of June 12, 2017 Board Meeting XIV. E. Trustee Travis: (continued) 2. Next, Trustee Travis presented Ordinance 17-14, Amending Title 5, Chapter 13, Article F, Section 2 Entitled "No Parking During Certain Hours" of the Municipal Code of the Village of Morton Grove. TRUSTEES' REPORTS (continued) a. b. This is the second reading of this ordinance. Trustee Travis explained that this ordinance will eliminate long-term parking, and preserve the ability to remove snow, on a segment of River Drive and Park Avenue. She said that an area business had contacted the Village about commercial vehicles parking on a segment of River Drive and on Park Avenue for extended periods of time. The Police Chief then implemented an experimental parking regulation prohibiting parking on River Drive from Park Avenue to 8130 River Drive and on Park Avenue from River Drive to Lehigh between the hours of 11:00 p.m. and 5:00 a.m. The Village notified affected businesses of the temporary change and requested their feedback. The feedback resulted in an amended experimental regulation, modifying the restriction to be in effect between the hours of 2:00 a.m. and 4:00 a.m. The Traffic Safety Commission reviewed the matter and recommended making the temporary parking regulation permanent. It also recommended that the limit of the restriction on River Drive be extended to Lehigh Avenue; Village staff has recommended a minor refinement of the extended limits. Trustee Travis moved to adopt Ordinance 17-14, seconded by Trustee Witko. Motion passed: 6 ayes, 0 nays. Tr. Grear Tr. ThiII kya pat Tr. Minx Tr. Travis Tr. Ramos Tr. Witko tyg kya 3. Trustee Travis next presented Resolution 17-33, Authorizing a Contract With Kenny Con- struction Company For the 2017 Sewer Lining Program. a. She explained that the Sewer Lining Program maintains the flow capacity of the Village's sewer pipe infrastructure. b. Trustee Travis said that this contract was bid through a public process and sealed bids were received. The contract must conform to the requirements of the Prevailing Wage Act. The proposal price was $143,234; however, due to construction conflicts, the amount has been reduced to $128,394. The budgeted amount is $140,000. Kenny Construction Company of Northbrook, IL was the low bidder. Trustee Travis pointed out that, since this is a unit price contract, the final contract amount will be based on the actual quantity of work performed. Trustee Travis moved to approve Resolution 17-33, seconded by Trustee Thill. Motion passed: 6 ayes, 0 nays. Tr. Grear Tr. ThiII Tr. Minx Tr. Travis Rya Tr. Ramos afire Tr. Witko 11 Minutes of June 12, 2017 Board Meeting XIV. F. Trustee Witko: 1. Trustee Witko presented Ordinance 17-12, Amending Title 4 Entitled "Business Regulations," Chapter 5 Entitled "Regulations Pertaining to All Businesses" of the Village of Morton Grove Municipal Code by Adding a New Section 10 Entitled "Minimum Hourly Wages and Sick Leave Benefits." She explained that this Ordinance would exercise the Village's home rule authority to "opt out" of Cook County ordinances which would, as of July 1, 2017, require employers located in Morton Grove to pay different minimum hourly wages and provide sick leave benefits than employers located in other counties and jurisdictions in Illinois. Trustee Witko said that, as a home rule community, if Morton Grove passes its own ordinance setting paid leave and minimum wage mandates for employers in Morton Grove, those employers would be required to follow Morton Grove law, and not the Cook County ordinances. This ordinance will require employers in the Village to pay the sick leave benefits and minimum wages established by federal and/or state law. Trustee Witko moved to adopt Ordinance 17-12, seconded by Trustee Thill. Trustee Thill said that he firmly believes that government does not belong in business—it often ends up being detrimental. He noted that a senior living on a fixed income might end up having to pay more money, that they can ill afford, for products and services. He said he did not feel that government has the right to tell an employer that he has to pay a "slacker" employee the same amount as he would pay an employee who's exemplary, a "go-getter." Trustee Witko said that a number of people tonight were asking "What side are you on?" She said she felt the question was more, "Where is this legislation coming from?" Trustee Witko said she believes that $8.25 is too low and an impossible wage on which to try to raise a family. She said that, while the speakers could and did take an emotional approach, she, as a Village Trustee, had to be more pragmatic. She noted that the vote on the 2014 ballot that some had referenced was not a "referendum;" it was an advisory question. TRUSTEES' REPORTS (continued) a. b. c. d. e. f. Trustee Witko said that Commissioner Suffredin said that this matter is now being considered at the State level, and she felt it was being addressed with a responsible and fair increase schedule. She said that she is one of the 75% who believe the minimum wage is too low, but felt it should be legislated at the State level to make it fair and equitable for the businesses, municipalities, and wage-earners in the State. Trustee Minx said she appreciates every comment made and all the correspondence she's received on this issue, adding that she has wrestled with both sides of it. She, too, believes that raising the minimum wage is the right thing to do, but said the issue is bigger than Morton Grove. She felt that it was the State's responsibility and she didn't want the Village to make it easier for the State to abdicate its responsibility. She felt it was wrong to pit municipality against municipality by having this legislation at the County level, and agreed that the Village should encourage the governor to sign the Senate bill referenced by Commissioner Suffredin. 12 Minutes of June 12, 2017 Board Meeting XIV. F. Trustee Witko: (continued) TRUSTEES' REPORTS (continued) Mayor DiMaria called for the vote. Motion passed: 6 ayes, 0 nays. Tr. Grear ave Tr. Minx ays Tr. Ramos ayg Tr. Thill Rya Tr. Travis Lyre Tr. Witko Lys 9. Mayor DiMaria commented that "this is poor legislation." He said he fully believes that the current minimum wage is not enough, but noted that he was once in a business where the government made a blanket rule, which ultimately ruined the business. He said there's a way to do this so an adult wage earner raising a family can make it work. He believed that the minimum wage should be tiered. He said he was writing a letter to Governor Rauner, and reiterated that the County's ordinances were poor legislation that would create poor economics. It's a matter of the government usurping the rights of employers. XV. XVI. XVII. XVIII OTHER BUSINESS NONE WARRANTS Trustee Witko presented the Warrant Register for June 12, 2017, in the amount of $552,069.24. She moved that the Warrants be approved as presented. Trustee Minx seconded the motion. Motion passed: 6 ayes, 0 nays. Tr. Grear Tr. Thill aye Tr. Minx Tr. Travis RESIDENTS' COMMENTS NONE ADJOURNMENT Trustee Thill moved to adjourn the meeting, seconded by Trustee Minx. Motion passed: 6 ayes, 0 nays. Tr. Grear Tr. Thill gys Tr. Minx Tr. Travis The meeting adjourned at 8:15 p.m. pya Tr. Ramos Tr. Witko Tr. Ramos Tr. Witko an kya 13 PASSED this 26th day of June, 2017. Trustee Grear Trustee Minx Trustee Ramos Trustee Thill Trustee Travis Trustee Witko APPROVED by me this 26th day of June, 2017. Daniel P. DiMaria, Village President Board of Trustees, Morton Grove, Illinois APPROVED and FILED in my office this 27th day of June, 2017. Eileen Harford, Village Clerk Village of Morton Grove, Cook County, Illinois Minutes by: Teresa Cousar 14 Community & Economic Development Department MORTON- PROVE Incredibly Close k Amazingly Open To: Village President and Board of Trustees From: Steven Blonz, Chairperson, Plan Commission Nancy Radzevich, AICP, Community and Economic Development Director Dominick A. Argumedo, AICP, Zoning Administrator/Land-Use Planner Date: June 21, 2017 Re: Plan Commission Case PC17-12: Request for a Special Use Permit for a Tavern, bar and cocktail lounge with live music and/or vocal entertainment as accessory use and associated parking waivers in accordance with Sections 12-4-3:D. and 12-7 of the Unified Development Code (Ordinance 07-07) Commission Report Public Notice The Village of Morton Grove provided Public Notice for the June 19, 2017 Plan Commission public hearing for PC 17-12 in accordance with the Unified Development Code. The Pioneer Press published the public notice on June 1, 2017, and the Village notified surrounding property owners via mail on June 2, 2017 and placed a public notice sign on the subject property on June 9, 2017. Property Background The subject property is improved with a 7,415 sq. ft. multi -tenant commercial building and a 20 space parking lot, and is zoned C1 General Commercial District. This special use application is specifically for an overall 2,050 sq. ft. tenant space that includes an existing 938 sq. ft. bar/tavern (All Inn at 5707 Dempster Street) and the adjacent vacant 1,072 sq. ft. tenant space at 5705 Dempster Street. The overall commercial center has 20 parking spaces in a rear lot behind the building, which are shared amongst all the commercial tenants within the building. Overview of the Application All Inn, Inc. is looking to expand their existing bar at 5707 Dempster into the adjacent space at 5705 Dempster and will add a stage to allow for live music, DJ's, karaoke and similar types of entertainment. Section 12-4-3:D. of the Unified Development Code requires a Special Use Permit for "Taverns, bars and cocktail lounges with live music and/or vocal entertainment as accessory use." All Inn, the prospective tenant ("Applicant'), and Mr. James Saderis, the property owner C' Property Owner"), have filed an application for a special use to allow that use and for associated parking waivers. The Applicant has operated a bar at their current 5707 Dempster Street location for the past three years. The existing location has a built in bar, approximately 26 seats at the bar and/or tables, and five video gaming machines. The Applicant is proposing to remove a portion of the existing demising wall between their current space and the vacant space at 5705 Dempster to expand their bar and add a 12 ft. by 11 ft. stage for entertainment and tables and seating for 30 additional patrons. With the expanded facility, the Applicant is proposing to have live musical entertainment (band, DJ, etc.) approximately three nights (generally, Fridays and Saturdays plus one week night) and host bingo, karaoke and/or similar events on various weeknights. The Applicant is proposing to maintain the same hours of operation for the expanded facility; the hours are: Monday through Friday, 8:OOAM-2:OOAM, Saturday, 8:OOAM-3:OOAM, and Sunday 11:O0AM-2:00AM. The Applicant is proposing to accommodate the increased parking demand generated from the proposed expansion through a combination of available on-site parking spaces, public parking spaces (along Major Avenue and in the municipal lot, across Dempster Street), and leased spaces at 5708 Dempster (Nea Maya), via a valet parking service. Based on the ordinance requirements, with the proposed expansion of All Inn, the overall commercial center will require a 13 stall waiver to the ordinance, based on the shared parking calculations. Per Section 12-7-3:B of the Unified Development Code, proposed parking standards identified in the code as "Required Spaces By Use" shall be advisory only for Special Use applications as the required parking will be reviewed and established as part of the Special Use Permit. The final number of required parking spaces for Special Use Permits is set by the Village Board based on the submitted independent traffic and parking study and any traffic and parking recommendations by the Traffic Safety and Plan Commissions and/or staff. June 19, 2017 Public Hearing Dominick Argumedo, Zoning Administrator/Land-Use Planner, introduced the case and summarized the Plan Commission staff report dated June 15, 2017, which was entered, in its entirety, into the public record. (Attachment 1). After completing his presentation, Chairperson Blonz asked if the commissioners had any questions of staff. Commissioner Dorgan asked if the Applicant inquired about utilizing the parking area at Poko Loco Daycare (5645 Dempster Street) across Major Avenue, as it is closed in the evening when the live entertainment at All Inn would occur. Nancy Radzevich, Community and Economic Development Director, stated that the All Inn had tried secure a rental agreement with the property owner, but was unable to make that work. Commissioner Dorgan also noted that he observed, although not directly behind the subject property, that the western portion of the alley was obstructed. Staff made a note of this obstruction and stated they will notify Village Code Enforcement to make sure the alley is free and clear of obstruction. Chairperson Blonz then called the Applicant to testify. Ms. Lisa Cosentino, representative of All Inn, Inc. was sworn in. Ms. Cosentino provided an overview of All Inn's existing operations, involvement in the community, and the proposed expansion supplementing the case summary presented by staff. Upon completing her presentation, Commissioner Shimanski asked for clarification of the proposed valet staging area. Ms. Cosentino explained All Inn intends to utilize two of the existing on-site parking spaces immediately adjacent to the building as the staging area for pick up and drop off of the vehicles. Vehicles would then exit to Major Avenue to be parked at the rented parking spaces at Nea Maya (5708 Dempster). Commissioner Farkas suggested that if the Commission recommends approval, that no valet service operations should be conducted on Dempster Street or Major Avenue. Chairperson Blonz inquired how All Inn would minimize sound from the live entertainment and limit its impact on surrounding properties. Ms. Cosentino noted that All Inn has designed the expanded facility to minimize sound escaping from the premises. She noted they would utilize sound 2 absorbing materials in proposed flooring, ceiling, and furniture materials and would place the majority of the speakers in locations where the sound would be projected forward, away from the rear of the facility toward Dempster Street. The existing rear door on the 5705 Dempster side, where the entertainment would be held, would not be available for patrons to enter or exit; patrons would still use the rear door at 5707 Dempster Street. Commissioner Shimanski noted that the back portion of the building being made of cinder block and brick materials would provide a mass to deaden sound on that side. Ms. Misa Rivera and Mr. Adrian Maj, 5704 Carol Avenue, spoke regarding the application. They first noted they have excellent communication with Ms. Cosentino. They noted that Ms. Cosentino has provided her number in case of any issue with the bar's operation, and on a few occasions they have contacted Ms. Cosentino due to noise at All Inn and the issue was resolved quickly. With their bedroom and the bedroom of their 15 month old son located at the rear of the house, they are concerned of the noise from people in parking lot and foot traffic. They also noted concern about the potential valet parking operations obstructing the alley, which could be problematic in the case of an emergency, as their garage access is off of the alley. Mr. Ron Ament, 5640 Carol Avenue, spoke of his concerns for the proposed facility. His first concern was related to delivery trucks double parking on Major Avenue, particularly because this often coincides with some pick up activities at the adjacent day care center. He also noted a concern regarding the maintenance of the property, specifically speaking to overgrown grass and weeds. Finally, he inquired if the Applicant could expand live music beyond the three nights a week as currently proposed without coming before the Plan Commission. Chairperson Blonz clarified that if the Applicant sought to expand beyond the proposed level of operation included in the permit approved by the Board, the Applicant would need to amend their application and come before the Plan Commission again. Ms. Cosentino spoke to the concerns raised by neighboring residents. She noted that the bar receives deliveries two days a -week, Mondays and Wednesdays. She stated the Monday deliveries are typically in the morning, while the Wednesday deliveries are in the afternoon. She also noted that deliveries usually take no longer than 25 minutes. As the parking lot is a tight space, she did not believe they could safely access the parking lot for deliveries, but said she could reach out to the vendor and check into alternate delivery times. Ms. Cosentino stated that valet parking would not stack vehicles that would encumber the alley. Ms. Radzevich noted that no cars would be permitted to block the alley, the recourse would be to call the police. Commissioner Shimanski noted that based on the site plan for the parking lot, it appears there will be room to stack 4 cars on-site before stacking reached the alley. Regarding noise of patrons outside, Ms. Cosentino suggested All Inn could post a sign in the parking lot to respect the neighbors, and that valet staff would have a physical presence outside and would be encouraged to monitor patrons exiting to the rear parking lot. Commissioner Shimanski noted he felt the sound from the inside of the bar would not be a concern as much as patrons in the rear of the facility. He was encouraged that the Applicant would inform Valet staff to monitor and discourage excessive noise from patrons. Ms. Radzevich also noted All Inn could move the designated smoking from the rear parking lot to Dempster or Major. Commissioner Farkas noted his sympathy to the residents that spoke but noted that Dempster Street is a commercial street, and that the proposed use is in keeping with a commercial area. 3 Commissioner Shimanski made a motion to recommend approval of Case #PC17-12, a request for a Special Use Permit Request for a Tavern, bar and cocktail lounge with live music and/or vocal entertainment as accessory use and associated parking waivers, in accordance with Section 12-4- 3:D., at 5705-07 Dempster Street, with the following conditions: 1. The site and building shall be developed and operated consistent with the plans and supporting documents in the application, identified in this report and/or presented at the Public Hearing, subject to any necessary modifications to accommodate conditions, Commission recommendations, or code compliance requirements, in accordance with reviews by Traffic Safety Commission, Plan Commission, and/or Village staff, including the following: A. Proposed Furniture and Valet Plan, prepared by Mohr Architecture, dated 06/13 2017, Sheet A B. Site Plan, prepared by Mohr Architecture, dated 01/13/ 2017, Sheet T C. Exist/Demo First Floor Plan, prepared by Mohr Architecture, dated 01/13/ 2017, Sheet D1 D. Elevations, prepared by Mohr Architecture, dated 01/13/ 2017, Sheet A2 E. Existing Floor Mechanical Plan, prepared by Mohr Architecture, dated 01/13/ 2017, Sheet M F. Existing First Floor Electrical Plan, prepared by Mohr Architecture, dated 01/13/ 2017, Sheet E G. Plumbing Supply Plan, prepared by Mohr Architecture, dated June 13, 2017, Sheet P H. Fire Alarm Plan, prepared by Fire By Design, 05/12/2017, Sheets AL0.01, AL1.00, AL2.00 I. Traffic study "Traffic and Parking Summary", prepared by Gewalt Hamilton Associates, Inc., dated June 14, 2017 J. "Sound and Excessive Noise" narrative, undated, received by Village on 06/14/2107 2. The applicant shall advise the Director of Community and Economic Development of any of the following: A. any proposed change in ownership of the subject property and/or principal business; B. any change in hours of operation; C. any alterations to or changes in uses or configuration of any of the interior spaces; D. any increases staffing levels above those projected in the Gewalt Hamilton Associates traffic study "Traffic and Parking Summary", dated June 14, 2017; and E. any other changes to the site use that could increase the intensity and/or increase the parking demand. Such changes may require the owners, lessees, and users of 5705-07 Dempster Street to submit an updated parking analysis, and may subject the owners, lessees, and users of 5705- 07 Dempster Street to additional conditions and may serve as the basis for further amendment to the special use permit. 3. The Applicant shall advise their employees of all available commercial public parking facilities, in the area, and advise against parking in the adjacent residential neighborhoods. 4. The Applicant shall provide the Village with updated valet parking and parking lease agreement for 5708 Dempster Street, no later than 30 days prior to the expiration of the most current agreement. 4 5. The staging area for the valet service shall be in the rear parking facility on the subject property; no valet pick up or drop services shall take place on any public street or alley. 6. Per the recommendations of the Traffic Study and prior to the issuance of final certificates of occupancy, the Applicant shall provide a more detailed parking management plan for review and approval by the Village Engineer, which should include, but not be limited to: A. Details, including size, locations and graphics, of proposed directional signage for the valet parking services; B. Details, including sizes, location and graphics for the proposed pavement markings to direct traffic to the valet stand; C. Provisions to encourage staff parking in spaces directly adjacent to the valet stand, when possible, to minimize traffic conflicts; D. Provisions that any additional staff park off-site, either in the municipal parking lot or the leased parking spaces at 5708 Dempster; and E. The property owner provide an accessible parking space within the parking facility 7. The Applicant shall make every effort to discourage congregation of employees or patrons in the rear parking lot in order to help reduce potential noise impacts on abutting residents and shall establish the designated outdoor smoking areas along Dempster Street or Major Avenue. 8. If the applicant decides to increase the intensity or frequency of the live entertainment available, the applicant shall be required to submit an updated parking study to the Director of Community and Economic Development and Village Engineer. Such study should include an updated parking survey and an updated parking plan describing how such increased parking demand will be accommodated. Such increases in the intensity of the use may require an amendment to the Special Use permit. 9. Should the Morton Grove Police Department, Director of Community and Economic Development and/or Village Engineer be advised of any significant vehicular/pedestrian traffic and/or parking issues on adjacent public ways, related to the operation of this tavern, the owner shall be required to develop and submit a plan to the Village Administrator within 30 days of such notice, which outlines a plan with specific ways to address such issues. Such plan shall be reviewed by the Director of Community and economic Development, Village Engineer and Police Chief, who will be charged with making suggested changes and/or approving such a plan. Any remedies which alter the nature of this approved use may require an amendment of the special use permit and further review by the Traffic Safety Commission. Commissioner Gabriel seconded the motion. The motion passed unanimously 5-0 (Gillespie and Khan absent). 5 rnthtmatinn Village of Morton Grove WHEREAS, it is important to recognize America's heroes who sacrifice for our great nation and inspire other Americans to defeat terrorism and advance peace in our nation and around the world; and WHEREAS, throughout our fine Village's history loyal citizens have been willing to give of themselves and provide their talents for the betterment of our nation and its people; and WHEREAS, we have celebrated and honored patriots who have fought to protect the democratic ideals that are the foundation of our country; and WHEREAS, it has again come to the Village's attention such willingness and assumption of duty has been exemplified by J. Herman Sitrick, a Morton Grove resident and World War II veteran; and WHEREAS, J. Herman Sitrick has now earned the gratitude of the nation of France for military and civil actions taken when he captured and turned over 21 German soldiers during a snowstorm to the 3rd Armored Division in 1945; and WHEREAS, as such has received 70 years after his action France's Legion d'Honneur for his valor and bravery; and WHEREAS, J. Herman Sitrick has earned the right to be honored by a community that is grateful for his service to his country. NOW THEREFORE, I, Daniel P. DiMaria, in recognition of Mr. Sitrick's service to his country in the name of peace and freedom for all, and for the personal sacrifices and in respect for and in recognition of the contributions J. Herman Sitrick has made throughout his life, I hereby proclaim June 26, 2017, as J. Herman Sitrick Day in the Village of Morton Grove and urge all residents to recognize the valor and bravery displayed during Mr. Sitrick's tour of duty during World War II. AND FURTHER, express our gratitude to all those who have served and those who are presently serving to protect and defend our nation and its freedoms. IN WITNESS WHEREOF, I have hereunto set my hand and caused to be affixed the seal of the Village of Morton Grove. Daniel P. DiMaria Village President Legislative Summary ORDINANCE 17-16 AMENDING TITLE 5, CHAPTER 13, ARTICLE A, SECTION 2 ENTITLED "TWO-WAY STOP INTERSECTIONS"; TITLE 5, CHAPTER 13, ARTICLE A, SECTION 4 ENTITLED "FOUR-WAY STOP INTERSECTIONS"; TITLE 5, CHAPTER 13, ARTICLE F, SECTION 1 ENTITLED "NO PARKING STREETS"; AND TITLE 5, CHAPTER 13, ARTICLE F, SECTION 3E ENTITLED "TIME LIMIT PARKING ZONES" OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE Introduced: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: Second Reading: Special Considerations or Requirements: Respectfully submitted: Reviewed by: June 26, 2017 To improve traffic safety at Capulina Avenue and Ferris Avenue as well as the on -street parking supply in this vicinity. Area residents expressed concerns about the sight distance between traffic on Capulina Avenue and Ferris Avenue. Village staff investigated the concerns and implemented an experimental parking regulation to eliminate the first parking space on the west side of Ferris Avenue north and south of Capulina Avenue. The Village notified affected residents and businesses of the temporary change and requested their feedback. The feedback both supported the improved sight distances and concern about the reduction of on -street parking supply. Village staff submitted a request to the Traffic Safety Commission to review the experimental regulation. The Traffic Safety Commission reviewed the matter on May 4, 2017, to make these temporary parking regulations permanent. Village staff recommended installing a 4 -way stop to provide a higher level of traffic control and maintain the on -street parking supply. The Traffic Safety Commission recommended installing a 4 -way stop control. While evaluating the effects to on -street parking, Village staff identified an on -street no parking zone at a condominium building that was originally intended to serve as a loading zone for the building's elderly residents. A minor change to the dimensions and type of restriction will complement and clarify parking arrangements in this vicinity. Public Works. Approximately $100 to add 2 signs and nominal length of pavement marking General Fund Account Number 025017-563130 The Public Works Department will replace the signs as part of their normal work day. Approval as presented. June 26, 2017 Requires second reading to amend Municipal Code viewed by: lage Administrator Tere n Liston, Corporation Counsel dy DeMonte, Director of Public Works ORDINANCE 17-16 AMENDING TITLE 5, CHAPTER 13, ARTICLE A, SECTION 2 ENTITLED "TWO-WAY STOP INTERSECTIONS"; TITLE 5, CHAPTER 13, ARTICLE A, SECTION 4 ENTITLED "FOUR- WAY STOP INTERSECTIONS"; TITLE 5, CHAPTER 13, ARTICLE F, SECTION 1 ENTITLED "NO PARKING STREETS"; AND TITLE 5, CHAPTER 13, ARTICLE F, SECTION 3E ENTITLED "TIME LIMIT PARKING ZONES" OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, as part of the review of traffic concerns by area residents, Village staff determined the sightlines of drivers eastbound on Capulina Avenue desiring to tum onto northbound or southbound Ferris Avenue may be impeded by vehicles parked in the first parking spots on the west side of Ferris Avenue both north and south of Capulina Avenue, causing a potentially unsafe condition; and WHEREAS, Municipal Code Title 5, Chapter 1, Article 4 empowers the Police Chief to make experimental or temporary regulations for a period of up to ninety (90) days; and WHEREAS, the Police Chief made an experimental regulation prohibiting parking on the west side of Ferris Avenue in the first marked parking spaces north and south of Capulina Avenue from March 27, 2017 to June 27, 2017; and WHEREAS, the purpose of the experimental regulation was to improve the line of sight between traffic on Hennings Court and Ferris Avenue; and WHEREAS, residents in this vicinity were notified about the experimental regulation and their feedback was solicited; and WHEREAS, six residents offered seven comments of which three comments are considered to be in favor of the experimental regulation and four of the comments were unsupportive of the reduction of on -street parking supply if the experimental regulation would be made permanent; and WHEREAS, there is a pending, multi -family development in close proximity of this intersection that has stirred a public desire for more on -street parking; and WHEREAS, Village staff gave consideration to public comments and pending land development following the evaluation period and concluded that installing a four-way stop control at the intersection of Ferris Avenue and Capulina Avenue could control movements through the intersection to address initial safety concerns while preserving on -street parking supply; and WHEREAS, the Village established the Traffic Safety Commission to receive, review, and present recommendations to the President and Board of Trustees regarding requests or inquiries on matters involving traffic safety, including requests for installation of traffic control devices; and WHEREAS, Village staff submitted to the Traffic Safety Commission a request to review the experimental parking regulations established on Ferris Avenue at Capulina Avenue and to make a recommendation to the Village Board whether or not to make the regulations permanent; and WHEREAS, the Traffic Safety Commission, at its regularly scheduled meeting at 7:00 pm on June 1, 2017, at the Richard T. Flickinger Municipal Center, considered the above referenced request; and WHEREAS, notification of the meeting was sent to residents in the area; and WHEREAS, the staff report offered the recommendation to the Traffic Safety Commission at the meeting that installing four-way stop control at the intersection of Ferris Avenue and Capulina Avenue could control movements through the intersection to address initial safety concerns while preserving on - street parking supply; and WHEREAS, the Traffic Safety Commission recommended establishing four-way stop control at the intersection of Ferris Avenue and Capulina Avenue; and WHEREAS, Ordinance 06-23 enacted a parking restriction in this vicinity prohibiting all parking that was explicitly intended to accommodate the on -street loading and unloading of a car; and WHEREAS, a modification to the dimensions and type of restriction to allow short-term parking would complement and clarify the parking arrangements in this vicinity. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF 1 RUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: Title 5, Chapter 13, Article A, Section 2 entitled "Two -Way Stop Intersections" of the Municipal Code is hereby amended to delete the following restriction: 5-13A-2: The following intersections are hereby designated as two-way stop intersections: Street At its Intersection With Capulina Avenue Ferris Avenue SECTION 3: Title 5, Chapter 13, Article A, Section 4 entitled "Four -Way Stop Intersections" of the Municipal Code is hereby amended to add the following restriction: 5-13A-4: The following intersections are hereby designated as four-way stop intersections: Street At its Intersection With Capulina Avenue Ferris Avenue SECTION 4: Title 5, Chapter 13, Article F, Section 1 entitled "No Parking Streets" of the Municipal Code is hereby amended to delete the following restriction: 5-13F-1: NO PARKING STREETS. There shall be no parking at the times listed below on any of the following streets; and the Director of Public Works or his designee shall place "no parking" signs in or at suitable places within the no parking zones herein established which specify the parking restrictions herein established: Street Between Side Ferris Avenue Points 84 feet and 116 feet north of the centerline of Capulina Avenue West SECTION 5: Title 5, Chapter 13, Article F, Section 3E entitled "Time Limit Parking Zones" of the Municipal Code is hereby amended to add the following restriction: 5-13F-3: TIME LIMIT PARKING ZONES: There shall be a time limit on parking on the following streets and at the following times within the zone specified herein and the Director of Public Works shall place "Limited Parking" signs in or at suitable places within the limited parking zones herein established which shall specify parking restrictions herein established: E. Fifteen Minute Parking: Street Ferris Avenue Between Side Day and Time Points 88 feet and 108 feet north of the West All times and all days centerline of Capulina Avenue SECTION 6: The Director of Public Works and/or his designee is hereby authorized and directed to remove any conflicting signs and erect such signs as detailed in this Ordinance. SECTION 7: This Ordinance shall be in full force and effect upon its approval and publication. PASSED THIS 10th DAY OF JULY 2017 Trustee Grear Trustee Minx Trustee Ramos Trustee Thill Trustee Travis Trustee Witko APPROVED BY ME THIS 10`h DAY OF JULY 2017 Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois AT I ES I ED and FILED in my office This lith DAY OF JULY 2017 Eileen Scanlon Harford, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary ORDINANCE 17-17 AMENDING TITLE 5, CHAPTER 13, ARTICLE D, SECTION 1 ENTITLED "NO ENTRY STREETS DECLARED" AND TITLE 5, CHAPTER 13, ARTICLE J, SECTION 2 ENTITLED "NO RIGHT TURN" OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE Introduced: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: Second Reading: Special Considerations or Requirements: Respectfully submitted: Prepared by: June 26, 2017 To eliminate traffic regulations on Austin Avenue prohibiting entry onto side streets intersecting with Austin Avenue during certain times of certain days. Village staff identified turn restrictions on Austin Avenue that did not seem to provide beneficial control of traffic. The Police Chief made an experimental regulation repealing turn restrictions from Austin Avenue onto South Park Avenue, Capulina Avenue, Crain Street, and Carol Avenue from December 20, 2016 to March 20, 2017. Following an evaluation period, the Police Chief made a second experimental regulation repealing turn restrictions from Austin Avenue onto Cleveland Street, Monroe Street, Washington Street, Madison Street, and Main Street from April 3, 2017 to July 3, 2017. The Traffic Safety Commission, at its regularly scheduled meeting at 7:00 pm on April 6, 2017 and June 6, 2017, at the Richard T. Flickinger Municipal Center, considered these requests. Residents and businesses in the area were notified of the experiments and of the Traffic Safety Commission meetings so they could provide their input. The Traffic Safety Commission recommended making the temporary regulations permanent. Public Works. No direct cost. General Fund Account Number 025017-563130 The Public Works Department will replace the signs as part of their normal work day. Approval as presented. July 10, 2017 Requires second reading to amend Municipal Code Ralph E. Czerwinski, V C ' t Rev' age Administrator Chris Tomich, Village Engineer Monte, Director of Public Works Reviewed by: Te Liston, Corporation Counsel ORDINANCE 17-17 AMENDING TITLE 5, CHAPTER 13, ARTICLE D, SECTION 1 ENTITLED "NO ENTRY STREETS DECLARED" AND TITLE 5, CHAPTER 13, ARTICLE J, SECTION 2 ENTITLED "NO RIGHT TURN" OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, as part of the review of traffic regulations, Village staff identified right turn restrictions on Austin Avenue that did not seem to provide beneficial control of traffic; and WHEREAS, Municipal Code Title 5, Chapter 1, Article 4 empowers the Police Chief to make experimental or temporary regulations for a period of up to ninety (90) days; and WHEREAS, Pursuant to Section 5-1-4 of the Municipal Code, the Police Chief made an experimental regulation repealing turn restrictions from Austin Avenue onto South Park Avenue, Capulina Avenue, Crain Street, and Carol Avenue from December 20, 2016 to March 20, 2017; and WHEREAS, the purpose of the experimental regulation was to evaluate whether there is a continuing need or desire from the public or regulate right turns on this segment of Austin Avenue; and WHEREAS, residents in this vicinity were notified about the experimental regulation and their feedback was solicited; and WHEREAS, three residents offered comments that are considered to be neutral or in favor of the experimental regulation; and WHEREAS, an second experimental regulation repealing turn restrictions from Austin Avenue onto Cleveland Street, Monroe Street, Washington Street, Madison Street, and Main Street was conducted from April 3, 2017 to July 3, 2017; and WHEREAS, the Village established the Traffic Safety Commission to receive, review, and present recommendations to the President and Board of Trustees regarding requests or inquiries on matters involving traffic safety, including requests for installation of traffic control devices; and WHEREAS, Village staff submitted to the Traffic Safety Commission two requests to review the experimental regulations established on Austin Avenue and to make a recommendation to the Village Board whether or not to make the regulations permanent; and WHEREAS, the Traffic Safety Commission, at its regularly scheduled meeting at 7:00 pm on April 6, 2017, and June 6, 2017, at the Richard T. Flickinger Municipal Center considered the above referenced requests; and WHEREAS, notification of the meeting was sent to residents and businesses in the area; and WHEREAS, the Traffic Safety Commission recommended making the temporary regulations permanent; and NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: Title 5, Chapter 13, Article D, Section 1 entitled "No Entry Streets Declared" of the Municipal Code is hereby amended to delete the following restriction: 5-13D-1: No Entry Streets Declared: The following streets, at the intersections stipulated, are hereby declared "no entry" streets, between the hours of three thirty o'clock (3:30) P.M. and five thirty o'clock (5:30) P.M., except Saturday, Sunday and holidays: Capulina Avenue Carol Avenue Cleveland Street Crain Street Madison Street Main Street Monroe Street South Park Washington Street At its easterly intersection with Austin Avenue. At its easterly intersection with Austin Avenue. At the intersection of Austin Avenue. At its easterly intersection with Austin Avenue. At the intersection of Austin Avenue. At the intersection of Austin Avenue. At the intersection of Austin Avenue. At its easterly intersection with Austin Avenue. At the intersection of Austin Avenue. SECTION 3: Title 5, Chapter 13, Article J, Section 2 entitled "No Right Turn" of the Municipal Code is hereby amended to delete the following restriction: 5-13J-2: No Right Turn: The following streets, alleys and intersections, at the times stated and in the directions indicated, are hereby declared no right tum streets, alleys, and intersections, and the Director of Public Works shall post appropriate signs to indicate such "no right turn" restrictions: • Austin Avenue northbound traffic into Cleveland Street between the hours of three thirty o'clock (3:30) P.M. and five thirty o'clock (5:30) P.M., daily except Saturdays, Sundays, and holidays. • Austin Avenue northbound traffic into Madison Street between the hours of three thirty o'clock (3:30) P.M. and five thirty o'clock (5:30) P.M., daily except Saturdays, Sundays, and holidays. • Austin Avenue northbound traffic into Main Street between the hours of three thirty o'clock (3:30) P.M. and five thirty o'clock (5:30) P.M., daily except Saturdays, Sundays, and holidays. • Austin Avenue northbound traffic into Monroe Street between the hours of three thirty o'clock (3:30) P.M. and five thirty o'clock (5:30) P.M., daily except Saturdays, Sundays, and holidays. • Austin Avenue northbound traffic into Washington Street between the hours of three thirty o'clock (3:30) P.M. and five thirty o'clock (5:30) P.M., daily except Saturdays, Sundays, and holidays. SECTION 4: The Director of Public Works and/or his designee is hereby authorized and directed to remove any conflicting signs and erect such signs as detailed in this Ordinance. SECTION 5: This Ordinance shall be communicated to residents adjacent to the parking restrictions via a letter, which shall be received as evidence of the passage and legal publication of this Ordinance. SECTION 6: This Ordinance shall be in full force and effect upon its approval and publication. PASSED THIS 10`s DAY OF JULY 2017 Trustee Grear Trustee Minx Trustee Ramos Trustee Thill Trustee Travis Trustee Witko APPROVED BY ME THIS 10th DAY OF JULY 2017 Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 11`s DAY OF JULY 2017 Eileen Scanlon Harford, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary ORDINANCE 17-15 APPROVING A TEXT AMENDMENT TO MODIFY MEDICAL AND DENTAL OFFICE/CLINIC USE CLASSIFICATIONS IN COMMERCIAL DISTRICTS OF THE VILLAGE OF MORTON GROVE MUNICIPAL CODE June 12, 2017 To approve an ordinance to allow certain, lower intensity medical and dental/office uses to be reviewed and approved through an administrative review process, while maintaining the special use permit requirement for such uses which are more intensive and/or sited in commercial areas with limited parking capacity. In 2014, the Village amended the Unified Development Code to change "medical and dental offices/clinics" uses from permitted to special uses in the C1 General Commercial District, the C2 Neighborhood Commercial District and above the first floor in the C/R Commercial/Residential District (Ord. 14-01). Since that amendment was approved, there have been a number of medical/dental offices seeking to locate within the Village which warranted the added scrutiny of the special use permit process; however, recently a couple of less intensive medical/dental office uses have proposed to locate in areas where there is sufficient parking and/or there would be no perceived adverse impact on adjacent uses or surrounding neighborhoods. With this proposed amendment, the Village is proposing an administrative review process for lower intensity medical/dental uses, while maintaining the special use requirement for those which are higher intensity and/or sited in commercial areas with limited parking capacity and/or where there could be other adverse impacts on adjacent uses and/or surrounding neighborhoods. Such an administrative review process would be based on key aspects of the operation of the business, such as peak number of occupants, parking demands, etc., in the context of the overall site development and the surrounding area. Such a use would be permitted if the staff determines the use would not have an adverse impact on adjacent uses, surrounding properties, or public rights -of -ways, otherwise a special use permit would be required. Introduction: Purpose: Background: Programs, Departs or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Admin Recommend: Second Reading: Special Consider or Requirements: Submitted by: Prepared by: N The Plan Commission heard the application at their May 15, 2017, Public Hearing. After reviewing the application, the staff report, and all testimony presented, the Plan Commission voted to recommend approval of the proposed text amendment. (5-0, Gabriel and Shimanski absent) Community and Economic Department N/A N/A The amendment will be implemented by staff in the normal course of business. Approval as presented June 26, 2017 None stet Reviewed by ski, Village Administrator Teresa Hoffm. iston, Corporation Counsel ORDINANCE 17-15 APPROVING A TEXT AMENDMENT TO MODIFY MEDICAL AND DENTAL OFFICE/CLINIC USE CLASSIFICATIONS IN COMMERCIAL DISTRICTS OF THE VILLAGE OF MORTON GROVE MUNICIPAL CODE WHEREAS, the Village of Morton Grove (the Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village continuously reviews and, as it deems necessary, updates existing Municipal Codes to assure they are kept current and relevant; and WHEREAS, the Village has filed a proper application to the Plan Commission in the Village of Morton Grove under case number PC17-11 to consider and recommend adoption of a text amendment to Sections 12-4-3D of the Village of Morton Grove Unified Development Code to modify medical and dental office/clinic use classifications in Commercial Districts per Section 12- 4-3D of the Village of Morton Grove Unified Development Code (Ordinance 07-07); and WHEREAS, pursuant to the applicable provisions of the Municipal Code, notice of the public hearing was duly published in the Pioneer Press, a newspaper of general circulation in the Village of Morton Grove, on April 28, 2017; and WHEREAS, the Village amended the Unified Development Code (Ord. 14-01) to change "medical and dental offices/clinics" uses in the Cl General Commercial District, C2 Neighborhood Commercial District, and above the first floor in the C/R Commercial/Residential District, from permitted to special uses to allow for an added level of scrutiny for such uses due to potential adverse impacts on adjacent businesses and/or residential neighborhoods, particularly relatively to parking demands and/or peak traffic volumes; and WHEREAS, over the past few years since that amendment (Ord. 14-01) to the Unified Development Code was adopted, there have been a number of higher intensity medical/dental office uses located within areas of the Village which have warranted the added scrutiny of a special use permit; however, recently a couple of lower intensity medical/dental facilities have tried to locate in areas of the Village where there is sufficient parking to meet their demands and such businesses would benefit from an administrative review process; and WHEREAS, the administrative review process would allow for lower intensity medical and dental offices/clinics to be permitted uses based on an administrative review of how the specific business operates, the peak number of employees and patients, the peak hours of operation, the projected parking demand, and any potential traffic impacts, based on the proposed site configuration and development plan, in the context of the adjacent uses and/or surrounding properties; and WHEREAS, through this amendment, less intensive "medical and dental offices/clinics" uses could be allowed as permitted uses in the Cl, the C2, and above the first floor in the C/R Districts, if the applicant provides sufficient data and information to allow staff to determine that such use would not have an adverse impact on adjacent uses, surrounding properties, or public rights -of -ways; and WHEREAS, as required by ordinance, the Morton Grove Plan Commission held a public hearing relative to the above referenced case on May 15, 2017, and where all concerned parties were given the opportunity to be present and express their views for the consideration by the Plan Commission; and WHEREAS, as a result of said public hearing, the Plan Commission considered all the evidence and testimony presented to it, discussed the merits of the application, and made certain recommendations and conditions through a report dated May 31, 2017, a copy of which is attached hereto and made a part hereof and marked as Exhibit "A"; and WHEREAS, the Corporate Authorities have considered this matter at a Public Meeting and find the text amendment, when evaluated in the context of the whole Village, serves the public good; and WHEREAS, the Village is desirous of assuring all policies are kept current and relevant. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance, as though fully set forth herein, thereby making the findings as hereinabove set forth: SECTION 2: Title 12, Chapter 4 entitled "Zoning Districts", Section 12-4-3: entitled "Commercial Districts", is hereby amended with the following: Cl C2 Medical and dental offices/clinics (including I P/SQ laboratories as accessory use) (first floor) S CR X7 Medical and dental offices/clinics (including j P/S2 P/S2 P/S9 laboratories as accessory uses) (other than first floor) Notes: 1. See chapter 2, "General Provisions", of this title. 2. See chapter 3, "Regulation Of Specific Uses In All Zoning Districts", of this title. 3. See chapter 5, "Special Zoning Provisions", of this title. 4. See chapter 6, "Planned Unit Developments", of this title. 5. Clubs and lodges in the C/R district shall have kitchen and dining facilities for members and guests, and shall be located on lots with not less than 25,000 square feet nor more than 35,000 square feet of area. 6. Taverns, bars, and cocktail lounges are permitted by right in the Cl district provided the proposed establishment is not located within 250 feet of a school or house of worship, otherwise a special use permit is required. 7. Ground floor office uses legally in existence, prior to January 13, 2014, the adoption date of Ordinance 13-28, shall continue to be considered permitted uses within the C/R District. 8. Multi -family residential developments on zoning Lots of not less than one acre, pursuant to 12-2-2. 9. Use requires submittal of a parking and traffic study to the Village Administrator. Such study shall include, but not limited to: overview of business, hours of operations, projected peak capacity (peak # of occupants, including employees), projected peak hours of operation, and projected parking demands and traffic volumes. Use allowed as a permitted use if Village review determines the proposed project would not have an adverse impact on surrounding properties or public rights -of -ways. Otherwise use will require a special use permit. (Ord. 08-19, 6-9-2008; amd. Ord. 09-35, 12-14-2009; Ord. 11-14, 5-23-2011; Ord. 11-42, 11-28-2011; Ord. 11-44, 11-28-2011; Ord. 13-01, 1-28-2013; Ord. 13-28, 1- 13-2014; Ord. 13-28, 1-13-2014; Ord. 15-01, 1-26-15; Ord. 16-17, 7-11-16) PASSED this 26th day of June 2017 Trustee Grear Trustee Minx Trustee Ramos Trustee Thill Trustee Travis Trustee Witko APPROVED by me this 26th day of June 2017. Daniel P. DiMaria, Village 'resident Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 26th day of June Eileen Scanlon Harford, Village Clerk Village of Morton Grove Cook County, Illinois Exhibit "A" Community & Economic Development Department MORTON GROVE Incredibly Close !' Amazingly Open To: Village President and Board of Trustees From: Steven Blonz, Chairperson, Plan Commission Nancy Radzevich, AICP, Community and Economic Development Director Dominick A. Argumedo, AICP, Zoning Administrator/Land-Use Planner Date: May 31, 2017 Re: Plan- Commission Case PC17-11: Proposed Text Amendment to modify Medical and dental office/clinic use classifications the Commercial Districts per Section 12-4-3:D of the Village of Morton Grove Unified Development Code (Ordinance 07-07) Commission Resort Public Notice The Village provided Public Notice for the May 15, 2017 Plan Commission public hearing for PC 17- 11 in accordance with the Unified Development Code. The Pioneer Press published the public notice on April 28, 2017. As this request is for a text amendment, not a request for a specific site, no public notice signs or notification letters were required. Overview of the Application In 2014, the Village amended the Unified Development Code to modify the "Medical and dental offices/clinics" use in the Commercial Districts from a Permitted Use to a Special Use (Ord. 14-01). The Village amended the code to provide additional scrutiny for such uses as a potentially intense medical clinic/office use can generate parking demands and/or traffic volumes that could impact other businesses and/or adjacent residential neighborhoods, particularly when such uses are located in a commercial area with limited on-site or public parking. Recently, some lower intensity medical office uses have expressed interest in locating in commercial areas where there is sufficient parking, but currently the only approval method, regardless of the intensity of the use, is the special use process. The proposed amendment will add an administrative review process to allow for lower intensity Medical and dental offices/clinics uses to be allowed by right, where such uses are currently only allowed by special use within the Commercial Districts. This proposed amendment will facilitate a more streamlined process for such medical and dental office uses that are lower intensity and/or are to be located in such areas where their specific business model will not have an adverse impact on the adjacent commercial uses and/or residential neighborhoods. Mav 15, 2017 Public Hearinq Dominick Argumedo, Zoning Administrator/Land Use Planner, introduced the case and summarized the Plan Commission staff report dated May 10, 2017, which was entered, in its entirety, into the public record. (Attachment 1). Upon the completion of his presentation, Chairperson Blonz asked the Commissioners if they had any questions. Commissioner Dorgan requested clarification on why medical offices are prohibited on the first floor in the C/R Commercial/Residential Zoning District. Mr. Argumedo noted the C/R District is centered around the Metra Station and along Lincoln Avenue, the area envisioned by the Village to grow as a pedestrian oriented downtown. To encourage such development, the C/R district has this limitation on Medical Offices as they are more destination specific uses that do not provide synergy to other neighboring pedestrian oriented ground floor commercial businesses such as retail or restaurants. Ms. Nancy Radzevich, Director of Community and Economic Development, added that such zoning code language that allows offices only above the first floor is common in downtown zoning districts. Chairperson Blonz asked staff if the proposed amendment would allow staff to approve an application for a medical office if it met all code requirements and not, as presently required, go before the Plan Commission and ultimately the Board of Trustees for approval. Mr. Argumedo responded that administrative approval would not only be based on meeting code requirements, but based on how the proposed application would function within the area proposed and consideration of the anticipated traffic volumes and parking demand. If criteria are met such that the use would not have a negative impact on the surrounding properties then the application would be approved by staff. Commissioner Khan asked if the parking demand for a facility approved administratively increased after initial approval, would that case need to come back for approval with the Plan Commission, and how would the Village notice such an increase. Ms. Radzevich first addressed how the Village would notice such an increase. She stated that there are a lot of checks and balances in place, including a written report on staff levels, hours of operation, patient schedules per day, and other info to get a sense of how the business is run. Businesses are issued a business compliance certificate each year which provides the opportunity to check to see if businesses are operating in the manner in which they were originally approved. This is reviewed and if it appears that the business has increased its intensity, then they may have to apply for a variance for the parking waiver or a special use permit if staff determines that further scrutiny is warranted. Mr. Argumedo also added that if a business is expanding and adding another room, then they would apply for a building permit. The permit would be reviewed by the zoning department and that is another way of checking if the business complies with the standards. Chairperson Blonz asked if there was anyone present that wanted to be heard, there was no response. Commissioner Dorgan made a motion to approve the case, Commissioner Khan seconded the motion. The motion then passed 5-0 (Gabriel and Shimanski absent). 2 Legislative Summary RESOLUTION 17-34 AUTHORIZING THE EXECUTION OF A SERVICE CONTRACT EXTENSION WITH CRYSTAL MANAGEMENT AND MAINTENANCE SERVICES CORPORATION FOR JANITORIAL CLEANING SERVICES Introduced: Synopsis: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: Second Reading Special Considerations or Requirements: Respectfully submitted: Ralph E. Cze Prepared by: O,/ June 26, 2017 To authorize the Village Administrator to execute a Letter of Agreement extending the contract for Crystal Management and Maintenance Services Corporation for janitorial cleaning services To provide cleaning services for administrative offices of Village buildings. Resolution 16-35 approved on May 24, 2016, authorized a contract with Crystal Management and Maintenance Services Corporation for janitorial cleaning services for a three-year term (one-year and optional renewal in 2017 and 2018) beginning in 2016. Crystal Management performed the work satisfactorily in 2016 and is available to complete the work. All terms of contract remain unchanged. Public Works The estimated contract value is $46,080. Since this is a unit price contract, the final contract amount will be based on the actual quantity of work performed. General: A/C #026029-552160 Civic Center Janitorial Services General: A/C #028024-552160 Municipal Buildings Janitorial Services The Public Works Department, as part of their normal work activities, will perform the management and implementation of the program. Approval as presented. N/A None nski , Vil e Administrator 41 dy DeMonte, Director of Public Works Reviewed by: Teresa Hoffman Li on, Corporation Counsel RESOLUTION 17-34 AUTHORIZING THE EXECUTION OF A SERVICE CONTRACT EXTENSION WITH CRYSTAL MANAGEMENT AND MAINTENANCE SERVICES CORPORATION FOR JANITORIAL CLEANING SERVICES WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village utilizes a service provider to clean municipal buildings, including the Civic Center; and WHEREAS, Resolution 16-23 approved the bid of Crystal Management and Maintenance Services Corporation for janitorial cleaning services in 2016; and WHEREAS, the contract authorized by Resolution 16-23 included a provision for renewal terms in 2017 and 2018; and WHEREAS, Crystal Management and Maintenance Services Corporation performed the janitorial cleaning services in a satisfactory manner in 2016 and is willing and available to perform the work in 2017; and WHEREAS, the estimated contract amount for the work is $46,080.00; and WHEREAS, funding for the above work is included in the Village of Morton Grove Adopted 2017 Budget as account numbers 026029-552160 Civic Center Janitorial Services and 028024-552160 Municipal Buildings Janitorial Services in the cumulative amount of $58,085. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION I : The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Village Administrator is hereby authorized to execute a Letter of Agreement extending the contract for the janitorial cleaning services with Crystal Management and Maintenance Services Corporation in an amount not to exceed $46,080.00. SECTION 3: The Director of Public Works and his/her designees are hereby authorized to take all steps necessary to implement, supervise, and manage this contract. SECTION 4: This Resolution shall be in full force and effect upon its passage and approval. PASSED THIS 26th DAY OF JUNE 2017 Trustee Grear Trustee Minx Trustee Ramos Trustee Thill Trustee Travis Trustee Witko APPROVED BY ME THIS 26th DAY OF JUNE 2017 Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 27th DAY OF JUNE 2017 Eileen Scanlon Harford, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Ordinance 17-18 APPROVING A SPECIAL USE PERMIT FOR A TAVERN, BAR, AND COCKTAIL LOUNGE WITH LIVE MUSIC AND/OR VOCAL ENTERTAINMENT AS ACCESSORY USE AND ASSOCIATED PARKING WAIVERS AT 5705-07 DEMPSTER STREET, MORTON GROVE, IL Introduction: June 26, 2017 Purpose: Background: Programs, Departs or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Admin Recommend: Second Reading: Special Consider or Requirements: Submitted by: Prepared by: To approve a special use permit for a tavem, bar, and cocktail lounge with live music and/or vocal entertainment as accessory use and associated parking waivers for the expansion of an existing bar at 5705-07 Dempster Street. All Inn Inc. ("Applicant") and James Saderis ("Property Owner"), filed an application for a special use permit for a tavern, bar and cocktail lounge with live music and/or vocal entertainment as an accessory use and associated parking waivers at 5705-07 Dempster Street in accordance with Section I2 -4-3:D. All Inn has operated a bar at 5707 Dempster Street for the past three years and is proposing to expand into the adjacent vacant commercial space at 5705 Dempster Street. They plan to add a small stage for entertainment and seating for 30 additional patrons. The Applicant is proposing to maintain the same hours of operation for the expanded facility: Monday through Friday, 8:OOAM-2:00AM; Saturdays, 8:OOAM-3:OOAM; and Sundays, 11:OOAM-2:OOAM. They are proposing live entertainment, such as bands or DJ's, 2-3 nights per week (generally, Fridays and Saturdays plus one week night). In addition, the Applicant is proposing to host bingo, karaoke and similar events on various weekday nights. The space is being designed in such a way to try to minimize the noise levels back out toward the residential neighborhood. The Applicant plans to accommodate the increased parking demand through a combination of available on-site parking spaces, public parking spaces (street parking and in the municipal lot, across Dempster Street) and through a valet service that will park cars in leased spaces at 5708 Dempster (Nea Maya). In accordance with Section 12-7-3:B, the Applicant hired Gewalt Hamilton Associates, Inc.("GHA") to complete a traffic and parking impact statement. Based on observations and analysis, and given that most of the surrounding businesses will generally be closed when the applicant hosts their entertainment and/or events, GHA concluded the combination of on-site, public, and valet parking spaces should be able to accommodate the parking demand associated with this use. In accordance with Section 12-16-4:A.2, the application was reviewed by Village departments and the Traffic Safety Commission (TSC). The TSC unanimously supported this application with conditions. As there are no proposed changes to the facade, the Appearance Commission's review was not required. Based on the application, supporting documents and testimony presented at the June 19, 2017, Public Hearing, the Plan Commission voted 5-0 (Gillespie and Khan absent) to recommend approval of this application with conditions. Community and Economic Development N/A N/A Community and Economic Development in the normal course of business. Approval as presented July 10, 2017 Reviewed by Teresa Hoffman Liston, Corporation Counsel Community and Economic Development Director ORDINANCE 17-18 APPROVING A SPECIAL USE PERMIT FOR A TAVERN, BAR AND COCKTAIL LOUNGE WITH LIVE MUSIC AND/OR VOCAL ENTERTAINMENT AS ACCESSORY USE AND ASSOCIATED PARKING WAIVERS AT 5705-07 DEMPSTER STREET, MORTON GROVE, IL WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, 5707 Dempster Street is a 938 sq. ft. tenant space and 5705 Dempster Street is a 1,072 sq. ft. tenant space within an existing 7,415 sq. ft. multi -tenant commercial building, commonly known as 5701-5709 Dempster Street, Morton Grove, Illinois; and WHEREAS, the property is located in the C1 General Commercial District; and WHEREAS, Section 12-4-3:D of the Unified Development Code requires a Special Use Permit for a tavern, bar and cocktail lounge with live music and/or vocal entertainment as accessory use; and WHEREAS, All Inn, Inc., the business owner ("Applicant"), and James Saderis the owner of the subject property ("Property Owner"), filed a proper application to the Plan Commission in the Village of Morton Grove under Case Number PC17-12 requesting a Special Use Permit for a tavern, bar and cocktail lounge with live music and/or vocal entertainment as accessory use and associated parking waivers at the property commonly known as 5705-07 Dempster Street, Morton Grove, Illinois 60053 ("Subject Property") to allow for live musical entertainment (band, DJ, etc.) three nights per week (generally Fridays and Saturdays plus one week night) and to host other related entertainment events such as karaoke on various nights throughout the week; and WHEREAS, pursuant to the applicable provisions of the Municipal Code, notice of the Public Hearing was duly published in the Pioneer Press, a newspaper of general circulation in the Village of Morton Grove, on June 1, 2017; written notification sent to property owners within 250 feet of the subject property on June 2, 2017; and signs were duly posted on the property on June 9, 2017; and WHEREAS, the Applicant has operated a tavern at 5707 Dempster St. with 26 seats along with five (5) video gaming machines for the past three years; and WHEREAS, the Applicant proposes to expand into the adjacent, vacant, commercial unit at 5705 Dempster Street and renovate this space with a 12 ft. by I 1 ft. stage for entertainment and seating for 30 additional patrons; and WHEREAS, the Applicant's architect has designed the proposed expanded space in such a way to minimize the impacts of noise associated with the live music, DJ and other vocal entertainment on the abutting residents to the south (rear of the Subject Property) through the proposed construction of a new interior wall with sound dampening building materials, by locating the stage along the Dempster Street wall to be as far from the residential neighborhood as possible, and by mounting the main speakers along such new wall, facing north towards the Dempster Street facade, so most of the amplified sound is directed away from the abutting residential neighborhoods to the rear; and WHEREAS, the 5701-09 Dempster Street commercial center has an existing twenty (20) space parking lot at the rear of the facility; and WHEREAS, there are currently sixteen (16) existing public parking spaces along Major Avenue, just south of Dempster Street; and twelve (12) existing public parking spaces along Major Avenue, and an eleven (11) stall municipal parking facility (5714 Dempster) just northwest of the Subject Property (on the north side of Dempster Street), which have all been erected by the Village to provide parking for the businesses along the Dempster Street corridor; and WHEREAS, the majority of commercial businesses within the immediate area of the Applicant's business primarily operate during standard business hours and most will be closed for business during the proposed times when the Applicant plans to host the live music, DJ's, karaoke and/or similar vocal entertainment; and WHEREAS, in accordance with Section 12-7-3:B of the Village Code, the Applicant submitted a traffic and parking study "Traffic and Parking Summary," prepared by Gewalt Hamilton Associates, Inc, ("GHA"), dated June 14, 2017, which includes both an analysis of the projected parking and traffic demand associated with the proposed use; and WHEREAS, the Applicant proposes leasing fifteen (15) parking spaces at 5708 Dempster (Nea Maya) and subsequently running a valet parking service on nights when they have live music or a DJ as a way to accommodate the additional parking demand which might not otherwise be easily accommodated on-site and/or in area public parking; and WHEREAS, the Applicant and Property Owner have established the valet service staging area within the parking lot of the Subject Property through the temporary elimination of two parking spaces immediately adjacent to the Applicant's tenant space; and WHEREAS, GHA made observations of the available parking on-site, along Major Avenue, within the 5714 municipal parking lot and at the lease parking lot at 5708 Dempster and found the number of available parking spaces substantially increased after 7:OOpm, which coincides with the closure of most of the adjacent area businesses; and WHEREAS, based on their observations and understanding of the proposed use, in the context of the existing adjacent uses, GHA concluded the available on-site, public and leased parking is sufficient to accommodate the anticipated increased parking demand; WHEREAS, in accordance with Section 12-16-4:A.2, the Traffic Safety Commission (TSC) reviewed the application at their June 1, 2017, hearing and unanimously supported this application with the condition that the traffic study's confirmation and the findings be consistent with what staff had presented; and WHEREAS, since there are no proposed changes to the building facade, the Chairperson of the Appearance Commission determined this would have an insignificant impact on the overall facade and waived the full Appearance Commission review; and WHEREAS, as required by ordinance, the Morton Grove Plan Commission held a Public Hearing relative to the above referenced case on June 19, 2017, at which all concerned parties were given the opportunity to be present and express their views for consideration by the Plan Commission; and WHEREAS, as a result of said Public Hearing, the Plan Commission made certain recommendations and conditions through a report dated June 21, 2017, a copy of which is attached hereto and made a part hereof and marked as Exhibit "A"; and WHEREAS, the Corporate Authorities have considered this matter at a Public Meeting and find pursuant to the relevant provisions of the Village of Morton Grove Unified Development Code, this Special Use for a tavern, bar and cocktail lounge with live music and/or vocal entertainment as accessory use and associated parking waivers at 5705-07 Dempster St. shall be issued subject to the conditions and restrictions as set herein. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance, as though fully set forth herein, thereby making the findings as hereinabove set forth: SECTION 2: The property located at 5705-07 Dempster St, Morton Grove, Illinois 60053, is hereby granted a special use permit to allow a tavern, bar and cocktail lounge with live music and/or vocal entertainment as an accessory use and associated parking waivers; and such special use shall be located and operated at that address subject to the following conditions and restrictions which shall be binding on the owners/lessees, occupants, and users of this property, their successors and assigns for the duration of the special use: 1. The building shall be developed and operated consistent with the plans and supporting documents in the application identified in this report and/or presented at the Public Hearing, including the following: A. Proposed Furniture and Valet Plan, prepared by Mohr Architecture, dated June 13, 2017, Sheet A B. Site Plan, prepared by Mohr Architecture, dated January 13, 2017, Sheet T C. Exist/Demo First Floor Plan, prepared by Mohr Architecture, dated January 13, 2017, Sheet DI D. Elevations, prepared by Mohr Architecture, dated January 13, 2017, Sheet A2 E. Existing Floor Mechanical Plan, prepared by Mohr Architecture, dated January 13, 2017, Sheet M F. Existing First Floor Electrical Plan, prepared by Mohr Architecture, dated January 13, 2017, Sheet E G. Plumbing Supply Plan, prepared by Mohr Architecture, dated June 13, 2017, Sheet P H. Fire Alarm Plan, prepared by Fire By Design, May 12, 2017, Sheets AL0.01, AL1.00, AL2.00 I. Traffic study "Traffic and Parking Summary", prepared by Gewalt Hamilton Associates, Inc., dated June 14, 2017 J. "Sound and Excessive Noise" narrative, undated, received by Village on June 14, 2017 2. The Applicant shall advise the Director of Community and Economic Development of any of the following: A. any proposed change in ownership of the subject property and/or principal business; B. any change in hours of operation; C. any alterations to or changes in uses or configuration of any of the interior spaces; D. any increases in staffing levels above those projected in the Gewalt Hamilton Associates traffic study "Traffic and Parking Summary", dated June 14, 2017; and E. any other changes to the site use that could increase the intensity and/or increase the parking demand. Such changes may require the owners, lessees, and users of 5705-07 Dempster Street to submit an updated parking analysis, and may subject the owners, lessees, and users of 5705- 07 Dempster Street to additional conditions and may serve as the basis for further amendment to the special use permit. 3. The Applicant shall advise their employees and patrons of all available commercial and public parking facilities in the area, and advise against parking in the adjacent residential neighborhoods. 4. The Applicant shall provide the Village with updated valet parking and parking lease agreement for 5708 Dempster Street, no later than thirty (30) days prior to the expiration of the most current agreement. 5. The staging area for the valet service shall be in the rear parking facility on the subject property; no valet pick up or drop services shall take place on any public street or alley. 6. Per the recommendations of the Traffic Study and prior to the issuance of final certificates of occupancy, the Applicant shall provide a more detailed parking management plan for review and approval by the Village Engineer, which should include, but not be limited to: A. Details, including size, locations, and graphics of proposed directional signage for the valet parking services; B. Details, including sizes, location and graphics for the proposed pavement markings to direct traffic to the valet stand; C. Provisions to encourage staff parking in spaces directly adjacent to the valet stand, when possible, to minimize traffic conflicts; D. Provisions that any additional staff park off-site, either in the municipal parking lot or the leased parking spaces at 5708 Dempster; and E. The property owner provide an accessible parking space within the parking facility. 7. The Applicant shall make every effort to discourage congregation of employees or patrons in the rear parking lot in order to help reduce potential noise impacts on abutting residents and shall establish the designated outdoor smoking areas along Dempster Street or Major Avenue. 8. If the applicant decides to increase the intensity or frequency of the live entertainment available, the applicant shall be required to submit an updated parking study to the Director of Community and Economic Development and Village Engineer. Such study should include an updated parking survey and an updated parking plan describing how such increased parking demand will be accommodated. Such increases in the intensity of the use may require an amendment to the Special Use permit. 9. Should the Morton Grove Police Department, Director of Community and Economic Development and/or Village Engineer be advised of any significant vehicular/pedestrian traffic and/or parking issues on adjacent public right-of-ways, related to the operation of this tavern, the owner shall be required to develop and submit a plan to the Village Administrator within thirty (30) days of such notice, which outlines a plan with specific ways to address such issues. Such plan shall be reviewed by the Director of Community and Economic Development, Village Engineer, and Police Chief, who will be charged with making suggested changes and/or approving such a plan. Any remedies which alter the nature of this approved use may require an amendment of the special use permit and further review by the Traffic Safety Commission. SECTION 3: The special use is granted so long as the owner, occupant, and users of this property utilize the area for the purposes as herein designated. SECTION 4: The Village Clerk is hereby authorized and directed to amend all pertinent records of the Village of Morton Grove to show and designate the special use as granted and amended hereunder. SECTION 5: The Applicant/Owner shall comply with all requirements of the Village of Morton Grove Ordinances and Codes that are applicable. SECTION 6: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this 10`h day of July 2017. Trustee Grear Trustee Minx Trustee Ramos Trustee Travis Trustee Thill Trustee Witko APPROVED by me this 10`h day of July 2017. Daniel P. DiMaria, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 11`h day of July Eileen Scanlon Harford, Village Clerk Village of Morton Grove Cook County, Illinois Community & Economic Development Department MORTON GROVE Incredibly Close sic Amazingly Open To: Village President and Board of Trustees From: Steven Blonz, Chairperson, Plan Commission Nancy Radzevich, AICP, Community and Economic Development Director Dominick A. Argumedo, AICP, Zoning Administrator/Land-Use Planner Date: June 21, 2017 Re: Plan Commission Case PC17-12: Request for a Special Use Permit for a Tavern, bar and cocktail lounge with live music and/or vocal entertainment as accessory use and associated parking waivers in accordance with Sections 12-4-3:D. and 12-7 of the Unified Development Code (Ordinance 07-07) Commission Report Public Notice The Village of Morton Grove provided Public hearing for PC 17-12 in accordance with published the public notice on June 1, 2017, via mail on June 2, 2017 and placed a public Property Background The subject property is improved with a 7,415 sq. ft. multi -tenant commercial building and a 20 space parking lot, and is zoned C1 General Commercial District. This special use application is specifically for an overall 2,050 sq. ft. tenant space that includes an existing 938 sq. ft. bar/tavern (All Inn at 5707 Dempster Street) and the adjacent vacant 1,072 sq. ft. tenant space at 5705 Dempster Street. The overall commercial center has 20 parking spaces in a rear lot behind the building, which are shared amongst all the commercial tenants within the building. Overview of the Application All Inn, Inc. is looking to expand their existing bar at 5707 Dempster into the adjacent space at 5705 Dempster and will add a stage to allow for live music, DJ's, karaoke and similar types of entertainment. Section 12-4-3:D. of the Unified Development Code requires a Special Use Permit for "Taverns, bars and cocktail lounges with live music and/or vocal entertainment as accessory use." All Inn, the prospective tenant ("Applicant'), and Mr. James Saderis, the property owner ("Property Owner"), have filed an application for a special use to allow that use and for associated parking waivers. Notice for the June 19, 2017 Plan Commission public the Unified Development Code. The Pioneer Press and the Village notified surrounding property owners notice sign on the subject property on June 9, 2017. The Applicant has operated a bar at their current 5707 Dempster Street location for the past three years. The existing location has a built in bar, approximately 26 seats at the bar and/or tables, and five video gaming machines. The Applicant is proposing to remove a portion of the existing demising wall between their current space and the vacant space at 5705 Dempster to expand their bar and add a 12 ft. by 11 ft. stage for entertainment and tables and seating for 30 additional patrons. With the expanded facility, the Applicant is proposing to have live musical entertainment (band, DJ, etc.) approximately three nights (generally, Fridays and Saturdays plus one week night) and host bingo, karaoke and/or similar events on various weeknights. The Applicant is proposing to maintain the same hours of operation for the expanded facility; the hours are: Monday through Friday, 8:OOAM-2:OOAM, Saturday, 8:OOAM-3:OOAM, and Sunday 11:OOAM-2:OOAM. The Applicant is proposing to accommodate the increased parking demand generated from the proposed expansion through a combination of available on-site parking spaces, public parking spaces (along Major Avenue and in the municipal lot, across Dempster Street), and leased spaces at 5708 Dempster (Nea Maya), via a valet parking service. Based on the ordinance requirements, with the proposed expansion of All Inn, the overall commercial center will require a 13 stall waiver to the ordinance, based on the shared parking calculations. Per Section 12-7-3:B of the Unified Development Code, proposed parking standards identified in the code as "Required Spaces By Use" shall be advisory only for Special Use applications as the required parking will be reviewed and established as part of the Special Use Permit. The final number of required parking spaces for Special Use Permits is set by the Village Board based on the submitted independent traffic and parking study and any traffic and parking recommendations by the Traffic Safety and Plan Commissions and/or staff. June 19, 2017 Public Hearing Dominick Argumedo, Zoning Administrator/Land-Use Planner, introduced the case and summarized the Plan Commission staff report dated June 15, 2017, which was entered, in its entirety, into the public record. (Attachment 1). After completing his presentation, Chairperson Blonz asked if the commissioners had any questions of staff. Commissioner Dorgan asked if the Applicant inquired about utilizing the parking area at Poko Loco Daycare (5645 Dempster Street) across Major Avenue, as it is closed in the evening when the live entertainment at All Inn would occur. Nancy Radzevich, Community and Economic Development Director, stated that the All Inn had tried secure a rental agreement with the property owner, but was unable to make that work. Commissioner Dorgan also noted that he observed, although not directly behind the subject property, that the western portion of the alley was obstructed. Staff made a note of this obstruction and stated they will notify Village Code Enforcement to make sure the alley is free and clear of obstruction. Chairperson Blonz then called the Applicant to testify. Ms. Lisa Cosentino, representative of All Inn, Inc. was sworn in. Ms. Cosentino provided an overview of All Inn's existing operations, involvement in the community, and the proposed expansion supplementing the case summary presented by staff. Upon completing her presentation, Commissioner Shimanski asked for clarification of the proposed valet staging area. Ms. Cosentino explained All Inn intends to utilize two of the existing on-site parking spaces immediately adjacent to the building as the staging area for pick up and drop off of the vehicles. Vehicles would then exit to Major Avenue to be parked at the rented parking spaces at Nea Maya (5708 Dempster). Commissioner Farkas suggested that if the Commission recommends approval, that no valet service operations should be conducted on Dempster Street or Major Avenue. Chairperson Blonz inquired how All Inn would minimize sound from the live entertainment and limit its impact on surrounding properties. Ms. Cosentino noted that All Inn has designed the expanded facility to minimize sound escaping from the premises. She noted they would utilize sound 2 absorbing materials in proposed flooring, ceiling, and furniture materials and would place the majority of the speakers in locations where the sound would be projected forward, away from the rear of the facility toward Dempster Street. The existing rear door on the 5705 Dempster side, where the entertainment would be held, would not be available for patrons to enter or exit; patrons would still use the rear door at 5707 Dempster Street. Commissioner Shimanski noted that the back portion of the building being made of cinder block and brick materials would provide a mass to deaden sound on that side. Ms. Misa Rivera and Mr. Adrian Maj, 5704 Carol Avenue, spoke regarding the application. They first noted they have excellent communication with Ms. Cosentino. They noted that Ms. Cosentino has provided her number in case of any issue with the bar's operation, and on a few occasions they have contacted Ms. Cosentino due to noise at All Inn and the issue was resolved quickly. With their bedroom and the bedroom of their 15 month old son located at the rear of the house, they are concerned of the noise from people in parking lot and foot traffic. They also noted concern about the potential valet parking operations obstructing the alley, which could be problematic in the case of an emergency, as their garage access is off of the alley. Mr. Ron Ament, 5640 Carol Avenue, spoke of his concerns for the proposed facility. His first concern was related to delivery trucks double parking on Major Avenue, particularly because this often coincides with some pick up activities at the adjacent day care center. He also noted a concern regarding the maintenance of the property, specifically speaking to overgrown grass and weeds. Finally, he inquired if the Applicant could expand live music beyond the three nights a week as currently proposed without coming before the Plan Commission. Chairperson Blonz clarified that if the Applicant sought to expand beyond the proposed level of operation included in the permit approved by the Board, the Applicant would need to amend their application and come before the Plan Commission again. Ms. Cosentino spoke to the concerns raised by neighboring residents. She noted that the bar receives deliveries two days a -week, Mondays and Wednesdays. She stated the Monday deliveries are typically in the morning, while the Wednesday deliveries are in the afternoon. She also noted that deliveries usually take no longer than 25 minutes. As the parking lot is a tight space, she did not believe they could safely access the parking lot for deliveries, but said she could reach out to the vendor and check into alternate delivery times. Ms. Cosentino stated that valet parking would not stack vehicles that would encumber the alley. Ms. Radzevich noted that no cars would be permitted to block the alley, the recourse would be to call the police. Commissioner Shimanski noted that based on the site plan for the parking lot, it appears there will be room to stack 4 cars on-site before stacking reached the alley. Regarding noise of patrons outside, Ms. Cosentino suggested All Inn could post a sign in the parking lot to respect the neighbors, and that valet staff would have a physical presence outside and would be encouraged to monitor patrons exiting to the rear parking lot. Commissioner Shimanski noted he felt the sound from the inside of the bar would not be a concern as much as patrons in the rear of the facility. He was encouraged that the Applicant would inform Valet staff to monitor and discourage excessive noise from patrons. Ms. Radzevich also noted All Inn could move the designated smoking from the rear parking lot to Dempster or Major. Commissioner Farkas noted his sympathy to the residents that spoke but noted that Dempster Street is a commercial street, and that the proposed use is in keeping with a commercial area. 3 Commissioner Shimanski made a motion to recommend approval of Case #PC17-12, a request for a Special Use Permit Request for a Tavern, bar and cocktail lounge with live music and/or vocal entertainment as accessory use and associated parking waivers, in accordance with Section 12-4- 3:D., at 5705-07 Dempster Street, with the following conditions: 1. The site and building shall be developed and operated consistent with the plans and supporting documents in the application, identified in this report and/or presented at the Public Hearing, subject to any necessary modifications to accommodate conditions, Commission recommendations, or code compliance requirements, in accordance with reviews by Traffic Safety Commission, Plan Commission, and/or Village staff, including the following: A. Proposed Furniture and Valet Plan, prepared by Mohr Architecture, dated 06/13 2017, Sheet A B. Site Plan, prepared by Mohr Architecture, dated 01/13/ 2017, Sheet T C. Exist/Demo First Floor Plan, prepared by Mohr Architecture, dated 01/13/ 2017, Sheet D1 D. Elevations, prepared by Mohr Architecture, dated 01/13/ 2017, Sheet A2 E. Existing Floor Mechanical Plan, prepared by Mohr Architecture, dated 01/13/ 2017, Sheet M F. Existing First Floor Electrical Plan, prepared by Mohr Architecture, dated 01/13/ 2017, Sheet E G. Plumbing Supply Plan, prepared by Mohr Architecture, dated June 13, 2017, Sheet P H. Fire Alarm Plan, prepared by Fire By Design, 05/12/2017, Sheets AL0.01, AL1.00, AL2.00 I. Traffic study 'Traffic and Parking Summary", prepared by Gewalt Hamilton Associates, Inc., dated June 14, 2017 J. "Sound and Excessive Noise" narrative, undated, received by Village on 06/14/2107 2. The applicant shall advise the Director of Community and Economic Development of any of the following: A. any proposed change in ownership of the subject property and/or principal business; B. any change in hours of operation; C. any alterations to or changes in uses or configuration of any of the interior spaces; D. any increases staffing levels above those projected in the Gewalt Hamilton Associates traffic study "Traffic and Parking Summary", dated June 14, 2017; and E. any other changes to the site use that could increase the intensity and/or increase the parking demand. Such changes may require the owners, lessees, and users of 5705-07 Dempster Street to submit an updated parking analysis, and may subject the owners, lessees, and users of 5705- 07 Dempster Street to additional conditions and may serve as the basis for further amendment to the special use permit. 3. The Applicant shall advise their employees of all available commercial public parking facilities, in the area, and advise against parking in the adjacent residential neighborhoods. 4. The Applicant shall provide the Village with updated valet parking and parking lease agreement for 5708 Dempster Street, no later than 30 days prior to the expiration of the most current agreement. 4 5. The staging area for the valet service shall be in the rear parking facility on the subject property; no valet pick up or drop services shall take place on any public street or alley. 6. Per the recommendations of the Traffic Study and prior to the issuance of final certificates of occupancy, the Applicant shall provide a more detailed parking management plan for review and approval by the Village Engineer, which should include, but not be limited to: A. Details, including size, locations and graphics, of proposed directional signage for the valet parking services; B. Details, including sizes, location and graphics for the proposed pavement markings to direct traffic to the valet stand; C. Provisions to encourage staff parking in spaces directly adjacent to the valet stand, when possible, to minimize traffic conflicts; D. Provisions that any additional staff park off-site, either in the municipal parking lot or the leased parking spaces at 5708 Dempster; and E. The property owner provide an accessible parking space within the parking facility 7. The Applicant shall make every effort to discourage congregation of employees or patrons in the rear parking lot in order to help reduce potential noise impacts on abutting residents and shall establish the designated outdoor smoking areas along Dempster Street or Major Avenue. 8. If the applicant decides to increase the intensity or frequency of the live entertainment available, the applicant shall be required to submit an updated parking study to the Director of Community and Economic Development and Village Engineer. Such study should include an updated parking survey and an updated parking plan describing how such increased parking demand will be accommodated. Such increases in the intensity of the use may require an amendment to the Special Use permit. 9. Should the Morton Grove Police Department, Director of Community and Economic Development and/or Village Engineer be advised of any significant vehicular/pedestrian traffic and/or parking issues on adjacent public ways, related to the operation of this tavern, the owner shall be required to develop and submit a plan to the Village Administrator within 30 days of such notice, which outlines a plan with specific ways to address such issues. Such plan shall be reviewed by the Director of Community and economic Development, Village Engineer and Police Chief, who will be charged with making suggested changes and/or approving such a plan. Any remedies which alter the nature of this approved use may require an amendment of the special use permit and further review by the Traffic Safety Commission. Commissioner Gabriel seconded the motion. The motion passed unanimously 5-0 (Gillespie and Khan absent). 5