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HomeMy WebLinkAbout2007-02-12 Board MinutesMINUTES OF A REGULAR MEETING OF THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE COOK COUNTY, ILLINOIS, HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CIVIC CENTER FEBRUARY 12, 2007 CALL TO ORDER I. Village President Rick Krier called the meeting to order at 7:33 p.m. and led the assemblage in the Pledge of Allegiance. II. Village Clerk Carol Fritzshall called the roll. Present were: Trustees Georgianne Brunner, Rita Minx, Dale Senensky, and Dan Staackmann. Trustee DiMaria was on vacation and Trustee Kogstad was absent. III. APPROVAL OF MINUTES 1. Regarding the Minutes of the January 22, 2007 Regular Meeting, Mayor Krier asked if anyone had any changes or corrections to the Minutes. There were none, so the Board approved the January 22, 2007 Minutes as presented unanimously via voice vote, with two absent. 2. Regarding the Minutes of the January 29, 2007 Town Hall Meeting, Mayor Krier asked if anyone had any changes or corrections. No one did, so the Board approved the January 29, 2007 Town Hall Minutes as presented via voice vote, with two absent. IV. V. PUBLIC HEARINGS NONE SPECIAL REPORTS 1. Plan Commission Case PC 06-11, Requesting a Special Use Permit for a Commercial Wireless Antenna Installation at 6901 Golf Road. Plan Commission Chairman Ron Farkas presented this report. He explained that the appli- cant, T -Mobile, was requesting the installation of a commercial wireless antenna that will be roof mounted at the northeast corner of the Avon warehouse. The proposed installation will provide better cell phone coverage east of the building and along Golf Road. Also, there is a chance that T -Mobile might lose their site on the Glenview water tower, so this proposed in- stallation would give them overlapping coverage for north Morton Grove and south Glenview. Minutes of Febrtuar 12, 2007 Board Meeting V. SPECIAL REPORTS (continued) Chairman Farkas reported that a concerned person had concerns about the antenna's proximity to Golf School and the potential impact of it on his daughter's cochlear device. He was concerned that electromagnetic interference from the antenna would prevent his daughter's ability to hear with the device. The T -Mobile representative noted that the Telecommunications Act of 1996 prohibits municipalities from denying a cellular antenna installation based on health concerns. The Commissioners decided they needed more information about cochlear devices and clarification on the Telecommunications Act before they could make a decision, so the case was continued to Januaryl5, 2007. At the January 15th meeting, the applicant presented copies of the Act. Bonnie Jacobson, Village Planner, noted that the FCC is responsible for regulating the safety limits of the antennas. She said that the FCC limits are endorsed by the EPA and the FDA, which regulates cochlear implants. Further, the applicant has three antenna installations at Galludet University, which is the largest university for the hearing impaired in the U.S. The Commission voted unanimously to approve PC 06-11. There were no questions of Chairman Farkus by the Board. Trustee Brunner then moved to accept the Plan Commis- sion's report on PC 06-11, seconded by Trustee Minx. Motion passed: 4 ayes, 0 nays, 2 absent. Tr. Brunner gy.e Tr. DiMaria absent Tr. Kogstad absent Tr. Minx Lyi Tr. Senensky 2y2 Tr. Staackmann aye Mayor Krier explained that the vote was just to accept the Plan Commission's report; it was not a vote on this case. 2. Plan Commission Case PC 06-12, Requesting an Amendment to a Special Use Permit to Allow Additional Time for Construction at 8601 Menard Avenue. Chairman Farkas presented this case. The applicant, the Muslim Community Center, was requesting an amendment to the existing Special Use Permit to allow for additional time for construction of a mosque. Bonnie Jacobson introduced the case for the Village. She summa- rized the history of the case and the need for an amendment. She noted that one of the conditions of the Special Use Permit, and also of the mediation agreement, was that the outer shell of the mosque would be completed within one year from breaking ground. The building permit was issued on November 7, 2005, and the time limit has expired. The applicant is requesting a time extension to August 28, 2007, claiming that failure to complete the exterior work in the required time was beyond their control. Village staff felt there should be some consequences if an extension was granted and then not met. Dr. Hyder Mohammed, the chairman of the MCC's Building Committee, said that, although the building permit was issued in November 2005, the exterior work really didn't begin until March 2006, when they began work on the parking lot. He also claimed that weather conditions had interfered with construction. The Commissioners had several questions, comments, and concerns which were discussed at the hearing. One interested party registered for the case and gave comments. Several concerned parties also spoke regarding the case. After hearing the testimony, the Commis- sion concluded that it was debatable whether or not the conditions causing lack of completion were beyond the applicant's control, but to not grant the extension would be too harsh. The Commission was concerned that there did not appear to be any "sense of urgency" regarding the completion of this project or accountability if subcontractors did not finish the work within the prescribed time period. 2 V. Minutes of Febrtuary 12, 2007 Board Meeting SPECIAL REPORTS (continued) The Plan Commission felt it would be difficult to determine if the August 2007 timeframe was realistic without an independent professional review of the construction schedule. The hearing was continued to January 15, 2007 to give the MCC time to have a professional construction management firm review their schedule and give an opinion as to the reasonableness of the timeframe needed to complete the project. At the January 15th hearing, the applicant presented a construction management schedule prepared by Cornerstone Construction Services, Inc. Representatives from Cornerstone felt that the proposed construction management schedule was reasonable and they were 95% certain the project could be completed by August 28, 2007, barring unforeseen circum- stances, such as a fire or a strike. Weather conditions were factored into the schedule. The Plan Commission felt the extension should be granted, but felt that more professional oversight was necessary to assure the project would be completed by the August 28 deadline. They also felt the Village Board should institute some type of consequence if the August 28 deadline was not met. The Plan Commission unanimously recommended that the amend- ment to the Special Use Permit be approved, with the condition that the MCC retain Corner- stone Construction Services or another firm as consultants to monitor the project and prepare bi-monthly written status reports for the Board of Trustees. The Commission also added a condition that the Board explore "incentives" to install a sense of urgency regarding the project to assure adherence to the construction schedule and completion date. There were no questions of Chairman Farkas by the Board. Trustee Senensky moved to accept the Plan Commission's report regarding PC 06-12, seconded by Trustee Minx. Motion passed: 4 ayes, 0 nays, 2 absent. Tr. Brunner pit Tr. DiMaria absent Tr. Kogstad absent Tr. Minx aye Tr. Senensky Tr. Staackmann acre VI. RESIDENTS' COMMENTS (Agenda Items Only) a. Mayor Krier announced that he was going to let the assemblage know if a political candidate was addressing the Board. John Thill. (Mr. Thill is a candidate.) Mr. Thill, a member of the Natural Resource Commis- sion, said that the Commission had put a lot of work into a new tree ordinance, including researching similar ordinances in ten other municipalities. Many of those municipalities' ordi- nances including provisions for preserving trees on private property, and those that did not, included other provisions, such as a tree fund to insure that the same amount of tree canopy would be maintained. Mr. Thill felt the Commission had done a great job putting an ordinance together, but was concerned because the ordinance up for passage tonight has none of the protections (for trees on private property) written in. He pointed out that the Commission had included guidelines to make people think twice before cutting trees. Mr. Thill said that a mature tree offsets the pollution of 18 cars, which is something the Board should think about because global warming is a fact. He asked the Board to either vote this ordinance down or postpone voting on it. Mr. Thill also complimented outgoing chairman Doug Steinman, saying he's done an excellent job. He also warned that a new menace to trees is coming—the emerald ash borer. He said the Village "can't afford" to lose any more trees. 3 Minutes of Febrtuary 12, 2007 Board Meeting RESIDENTS' COMMENTS (Agenda Items Only) (continued) Patrick Kansoer. Mr. Kansoer spoke regarding Ordinance 07-02 (the tree ordinance), Ordinance 06-36 (the smoking ban ordinance), Ordinance 07-05 and PC 06-11 (the wireless antenna for T -Mobile), and Ordinance 07-06 and PC 06-12 (the amendment to the Special Use Permit for the MCC). Mr. Kansoer felt that the Natural Resource Commission had worked very hard on the tree ordinance, striking a balance between the property owner's rights and tree protection. He was sorry to see the Board disregard the Commission's hard work. Mr. Kansoer felt Ordinance 07-02 was inadequate and an affront to those who love trees. Regarding Ordinance 06-36, Mr. Kansoer felt this was "feel good" legislation. It lists ten places where smoking is allowed. This is another case where the Board of Environmental Health worked hard and the Village Board is ignoring their unanimous recommendation to totally ban smoking. Regarding Ordinance 07-05 and PC 06-11, Mr. Kansoer felt that the FCC regulations cited by the T -Mobile representative and the fact that they have antenna installations at Galludet University made the Plan Commission "more comfortable", but pointed out that, at that univer- sity, the campus was shut down in October 2006 because the students felt that the university president was not "deaf enough". Mr. Kansoer said that people who wear cochlear implants are discriminated against by the deaf majority. He was "appalled" that the Plan Commission fell for this. Regarding Ordinance 07-06 and PC 06-12, Mr. Kansoer pointed out that the MCC's problems were self-imposed. He said that he had testified at the hearing that weather conditions were not the problem. He felt that the MCC had little regard for the Village's ordinances, offering as evidence a statement made by Yasir Alemuddin at the January hearing. Mr. Alemuddin had asked what difference it would make if the mosque construction is completed in August or December. Mr. Kansoer believed that the MCC knew they'd be unable to meet the one-year deadline but accepted it anyway. He felt they had committed fraud by allowing the Village and the federal court to believe they would follow the provisions of the Special Use Permit and the mediation agreement. Mr. Kansoer felt it was time for the Village to show the MCC that "when you make a promise, you keep it." David Conrad. Mr. Conrad is also a member of the Natural Resource Commission. He, too, was concerned about the tree ordinance in its present form. He said that the Village had talked about doing a "tree manual" and felt that such a manual should be prepared and approved at the same time as the ordinance. Mr. Conrad said that, as part of the Park View Science Olympiad's project, he had taken the pH of the snow today, which was 5.5. This is a fairly acidic reading. Mr. Conrad said trees help filter that. Without that, structures can erode, especially those that are limestone -based. Mr. Conrad also warned about the emerald ash borer, saying 60 trees in Wilmette that had been infested were taken down in December. He said the emerald ash borer is coming, and it's a serious problem. He felt it was sad that the Village does not want to advise people regarding trees on private property. Mr. Conrad said the Natural Resource Commission was not trying to halt development; they just wanted to insure that trees removed during construction were replaced and that tree workers would have valid business licenses. He said this ordinance is not very different from the 1975 ordinance, and that the Commission wanted to see a "progressive" ordinance that protects trees on private property. 4 Minutes of Febrtuary 12, 2007 Board Meeting VI. d. RESIDENTS' COMMENTS (Agenda Items Only) (continued) Melinda Mulford. Ms. Mulford spoke regarding Ordinance 06-36 (the smoking ban ordinance). She said she was speaking up for clean air. She felt the Board had the opportu- nity to do what's right and ban smoking in all public places. Second-hand smoke has been proven to be more damaging to women than to men, so not to ban smoking would be discriminating against women. She also said, regarding the tree ordinance, that lack of trees contributes to global warming—which is a violation of her human rights. Ms. Mulford said, regarding Resolution 07-05, which authorizes a tree -trimming contract with Asplundh Tree Experts, that they are not "tree experts", they are butchers. She said that some trees have to be removed after they've trimmed them, and wondered if that was the goal of the Village. e. Yeah Ismael. Responding to Mr. Kansoer, Mr. Ismael said that the MCC felt it had no choice when it came to the Special Use Permit other than "take it or leave it". He said that this particular condition of the SUP put the MCC in a very difficult position and they didn't want to go back to court. He pointed out that the MCC had dropped the lawsuit immediately and had taken the damages on themselves. He encouraged the Board to do what's best for the Village. f. Harold Cohen. Regarding the tree ordinance, Mr. Cohen said that this is the United States and the Village should "stay off' private property and just take care of the trees on public property. Regarding the smoking ordinance, he felt it was good as it stood and didn't put businesses in the Village out of business. Mr. Cohen pointed out that there will be large signs indicating whether an establishment is "Smoking" or "No Smoking" so people can choose whether or not to go in. Mr. Cohen noted that Mr. Kansoer had written in a recent letter to the editor about a Village employee politicking on Village time. He invited Mr. Kansoer to name the person so an investigation can begin and appropriate action be taken. g. Abdul Khan. Mr. Khan commented, regarding Ordinance 07-06, that at the time the building permit was issued, asphalt plants were closed until April 15, so the MCC "lost" three to four months right there. He felt the MCC had tried in good faith to meet the requirement—there was no "fraud" involved. He said the MCC definitely wants to finish the construction earlier than the August 28th deadline because its members are affected by it too. Mr. Khan felt that the MCC has been "over -legislated" and thought that having to do status reports was too much. h. Bill Luksha. (Mr. Luksha is a candidate.) Mr. Luksha said, regarding Ordinance 07-02 (the tree ordinance), that he felt bad that the Village's dedicated volunteers (on the Natural Resource Commission) are being "ignored" by the Board. He said the Natural Resource Commission had 14 pages of recommendations, but the tree ordinance is only 4 pages. He said he researched Glenview's tree ordinance, which goes into detail defining quality trees, nuisance trees, landmark trees, etc. Glenview's Public Works Director provides oversight regarding tree removal on private property. Regarding Ordinance 06-36 (the smoking ban ordinance), Mr. Luksha said he was dis- appointed that the Board was ignoring the year-long work of the Board of Environmental Health, which recommended a total smoking ban like Cook County's. He said the Board should listen to its Commissions and take their advisement to heart. 5 VI. j. Minutes of Febrtuary 12, 2007 Board Meeting RESIDENTS' COMMENTS (Agenda Items Only) (continued) Bill Grear. Mr. Grear said that he was disappointed that the Board was considering the passage of Ordinance 06-36 because he felt the issue should be dealt with on a State-wide level, rather than by individual towns. He understood why people wanted a total ban on smoking, but felt that America was built on freedom, and said that, personally, he wanted to have the choice. He acknowledged that this is a tough subject, and everyone knows some- one whose life has been touched by a smoking-related death, but the right to choose is important. He also felt that consideration needed to be given to those who run businesses where smoking takes place. Mr. Grear said he was also disappointed that people come up to the podium and "trash" others, and take up a lot of time doing so. Mayor Krier said he has been criticized in the past for allowing speakers so much time, but felt it was important to do so and would therefore continue to do so. Yasir Alemuddin. Mr. Alemuddin said that, when he believes there's a violation of the First Amendment occurring, he speaks up—that's patriotism. He said that he wasn't trying to imply that the MCC is not bound by or respectful of Village ordinances. Mr. Alemuddin also wondered why there was no language in the ordinance typically found in contracts along the lines of "subject to matters beyond its control". k. Dr. Abdul Sattar. Dr. Sattar said that he is a member of the Board of Environmental Health and urged the Board to pass a total ban on smoking. He said that he is a physician and says that seeing the way people die from lung cancer and emphysema makes you realize what smoking can cause. He said that there are many things that are regulated to help save lives, such as traffic speed, seat belts, etc., so why not smoking? Dr. Sattar, who is also the President of the Muslim Community Center and a 26 -year resident of the Village, said he loves Morton Grove and its services, and assured the Board that the MCC does not "disregard" Village ordinances or state/federal laws. He felt that Mr. Alemuddin's comment had been taken out of context, and said he was confident that the MCC would be in substantial compliance with the completion of the outer shell of the mosque by August 28th VII. PRESIDENT'S REPORT Mayor Krier had no report. VIII. CLERK'S REPORT 1. Clerk Fritzshall announced that any residents wishing to do so can register to vote ifor the April 17, 2007 municipal election from now until March 20th. This also applies to people whose address or name has changed. March 8th is the first day a person can apply for an absentee ballot. 2. Clerk Fritzshall also announced that early voting will take place from March 26th through April 12th. Early voting will not be available in Morton Grove. Anyone wishing to vote early can do so at the Skokie Courthouse or at Skokie's Village Hall. 6 Minutes of Febrtuary 12, 2007 Board Meeting IX. A. Village Administrator Mr. Wade had no report. B. Corporation Counsel: Ms. Liston had no report. STAFF REPORTS X. TRUSTEES' REPORTS A. Trustee Brunner: 1. Trustee Brunner presented for Ordinance 06-36, Amending Title 8, Chapter 9 Entitled "Smoking Control" of the Municipal Code of the Village of Morton Grove. (Technically, this is the third reading of this ordinance. It was tabled from the October 9, 2006 Board Meeting and presented for a second reading at the January 22, 2007 Board Meeting. Since the ordinance had undergone significant changes, the Board decided to have a final reading tonight.) Trustee Brunner said that all the changes proposed at the January 22nd Board Meeting were incorporated in this ordinance. The only change now was to Section 8-9-4-G, regarding bowling alleys. Smoking will be banned in bowling alleys before 5:00 p.m. Monday thru Friday and before noon on Saturdays. Trustee Brunner moved to adopt Ordinance 06-36. Trustee Senensky seconded the motion. Mayor Krier then read a letter he had received from the Board of Environmental Health. The letter indicated that they were very disappointed because they wanted a total smoking ban. They felt that smokers don't have the right to make other people ill. The letter concluded with a request that the Board make all places of employment non-smoking. Mayor Krier said that he very much appreciated the input of all the volunteer commissions and boards, and knew that they were all comprised of dedicated individuals. He said it was not true that the Board was "ignoring" their input—but as elected officials, the Board has different responsibilities than the Commissioners have. He said that he, personally, did not have a problem with a total smoking ban and wished the State of Illinois would enact one. Mayor Krier said he felt this was a good ordinance that had undergone many changes over hours of review. The Village has more control under this ordinance and smoking is more limited. Trustee Brunner said that she, too, appreciates the hard work of Bonnie Burnett and the Board of Environmental Health. She said she recognizes that this is not the ordinance they wanted; this is a kind of compromise ordinance, but pointed out that it certainly doesn't prevent any business or restaurant from becoming smoke-free, if it so chose. Trustee Brunner noted that the effective date of this ordinance will be July 31, 2007, and asked Village Administrator Wade to ensure that a copy of this ordinance be sent to all affected businesses. 7 4Minu'tes 5:if Febrtua ;''12; 20:17165 rd TN X. TRUSTEES' REPORTS (continued) A. Trustee Brunner: (continued) Trustee Minx said that people assume that the Board makes "snap decisions". She assured the assemblage that she has wrestled with several tough ordinances—including this one. She said she is not a smoker, but has family members that smoke, and felt that "it's about choices." Trustee Minx said this is not a cut-and-dried, black -and -white decision. Trustee Senensky said that bar and tavern owners felt that a total smoking ban would hurt their businesses, and the Village shouldn't disregard that. He said that, while he doesn't smoke, he, too, has been affected by smoking. Trustee Staackmann said he was thankful for the process this went through and said he wished that all tough decisions would go through the same process. He said it's not about revenue, it's about personal choices. Trustee Staackmann agreed that it would be better if the State would take the responsibility. Mayor Krier called for the vote. Motion passed: 4 ayes, 0 nays, 2 absent. Tr. Brunner ave Tr. DiMaria absent Tr. Kogstad absent Tr. Minx aye Tr. Senensky ave Tr. Staackmann aye 2. Next, Trustee Brunner presented Resolution 07-03, Authorizing an Agreement Between the Village and Maxim Health Systems, LLC to Provide Influenza Vaccines and Pneumonia Immunizations to Morton Grove Senior Citizens and Village Employees. Trustee Brunner explained that, since 1996, providing flu and pneumonia immunizations is a service that the Village has outsourced. After a comparative review of fees and services, the Director of the Department of Family and Senior Services has recommended that Maxim Health Systems, LLC, provide this service for the Village this year. The Village's out-of- pocket expense is anticipated to be approximately $1,000. Trustee Brunner moved to approve Resolution 07-03. Trustee Minx seconded the motion. . Motion passed: 4 ayes, 0 nays, 2 absent. Tr. Brunner awe Tr. DiMaria absent Tr. Kogstad absent Tr. Minx aye Tr. Senensky aye Tr. Staackmann 212 B. Trustee DiMaria: Trustee Senensky presented several resolutions and ordinances in Trustee DiMaria's ab- sence. 1. Trustee Senensky presented Resolution 07-04, Competitive Bid Award and Authorization for the Purchase of a 2007 Ford Explorer and a 2007 Ford F150 Pick-up. Trustee Senensky explained that the purchase of the trucks is necessary to replace two vehicles in the Public Works Department that are at the end of their useful service life. He said that the Village is able to take advantage of the Northwest Municipal Conference's competitive bidding process (the Suburban Purchasing Cooperative Procurement Program). Funds in the 2007 budget have been approved in the amount of $290,300 for the replacement of the vehicles and related equipment. The cost of the two new vehicles totals $46,375. 8 M inu_t_es offebrtua . '12,2007 Board Meetin g X. TRUSTEES' REPORTS (continued) B. Trustee DiMaria: (continued) Trustee Senensky moved, seconded by Trustee Brunner, to approve Resolution 07-04. Motion passed: 4 ayes, 0 nays, 2 absent. Tr. Brunner aye Tr. DiMaria absent Tr. Kogstad absent Tr. Minx aye Tr. Senensky Tr. Staackmann aye 2. Next, Trustee Senensky presented Resolution 07-05, Competitive Bid Award and Authori- zation to Execute a Contract with Asplundh Tree Expert Company for the 2007 Tree Trimming Program. He explained that, each year, the Village contracts with a tree trimming contractor to assist in the maintenance of trees within defined areas of the community. This year, Asplundh Tree Expert Company was the low bidder. The estimated contract value is $27,957.60, but since this is a unit price contract, the final contract amount will be based on the actual quantity of work performed. Trustee Senensky and Mr. Conrad had a brief conversation about the standards used for trimming trees around power lines versus "normal" trimming. Trustee Staackmann asked if this company would be working under the supervision of Public Works. Andy DeMonte, Public Works Director, assured him that it would. Mr. DeMonte also noted that this company had done similar work for the Village in the past. He said that, basically, they have to do "butchery" when trimming around power lines, but otherwise, they do a fine job. Trustee Senensky moved to approve Resolution 07-05, seconded by Trustee Minx. Motion passed: 4 ayes, 0 nays, 2 absent. Tr. Brunner aye Tr. DiMaria absent Tr. Kogstad absent Tr. Minx aye Tr. Senensky aye Tr. Staackmann ave 3. Trustee Senensky then introduced for a first reading Ordinance 07-03, An Ordinance to Implement a No -Parking Zone on Lincoln Avenue at Menard Avenue Within the Village of Morton Grove. He explained that, at the January 4, 2007 Traffic Safety Commission meeting, a request had been made for the removal of parking in order to improve the sight distances at the intersec- tion of Lincoln and Menard, which has been identified by residents, the Police Department, and the Engineering Division as an intersection lacking in sight distance. The Commission recommended that parking be restricted at this intersection in order to improve the sight distances. Village Administrator Wade commented that only three homes would be affected by this and those residents have been notified. 4• Trustee Senensky next presented for a first reading Ordinance 07-04, An Ordinance to Im- plement a No -Parking Zone on Lincoln Avenue at Concord Drive Within the Village of Morton Grove. 9 Minutes of Febrtuary 12, 2007 Board Meeting X. TRUSTEES' REPORTS (continued) B. Trustee DiMaria: (continued) Trustee Senensky explained that the sight distance at the intersection of Lincoln Avenue and Concord Drive was studied as part of the procedural control process for the development called Trafalgar Square. As part of the Traffic Safety Commission's review of the case, it was determined that the sight distance could be improved, but seeing that it was an existing condition, it was decided to reevaluate the intersection once the development was complete. It is now substantially complete, and several residents have contacted the Village requesting the sight distance at this intersection be improved. This ordinance will restrict parking on the south side of Lincoln Avenue from a point 178 feet west and 115 feet east of the centerline of Concord Drive. 5. Trustee Senesky brought forward Resolution 07-06, Authorization to Execute a Professional Services Agreement with McDonough Associates, Inc., for the Design of a Water Main for the Dempster Street Corridor Improvement Project. He explained that the Dempster Street Corridor Improvement Project was started in 1999 as a way to improve the safety and efficiency of the traffic flow along Dempster, while also addressing the economic vitality of businesses located in the commercial corridor between Ferris Avenue and Central. In anticipation of the reconstruction of Dempster Street, studies had been done to determine the existing condition of the Village's infrastructure within the Dempster Street corridor. Several areas along Dempster were identified as having insufficient fire flow capacity, which could be improved by upgrading the existing water mains. Also, the age of the water main infrastructure would necessitate its replacement due to its expected remaining lifespan. Trustee Senensky said that the value of this engineering agreement is $21,653.39, which the Village will pay for initially, but will be reimbursed for 100% of the expense through an existing Illinois Department of Commerce & Economic Opportunity Grant. Trustee Senensky moved, seconded by Trustee Staackmann, to approve Resolution 07-06. Motion passed: 4 ayes, 0 nays, 2 absent. Tr. Brunner am Tr. DiMaria absent Tr. Kogstad absent Tr. Minx aye Tr. Senensky a rLe Tr. Staackmann ay2 6. Trustee Senensky lastly introduced Resolution 07-07, Authorizing the Execution of a Pro- fessional Services Agreement with Ayres Associates, Inc. For Aerial Photogrammetric Mapping. He explained that the Village is a member of the GIS Consortium, and each year, it partici- pates in the collective purchasing of aerial photography services and data and with nine other member communities. One-fifth of the community is mapped each year so that every five years, the data is updated. This data includes aerial photography, planimetric information (such as buildings, roads and paved surfaces), drainage, utilities, vegetation, and structures (such as fences, decks, pools, signs, mail boxes, etc.). The cost of the contract is not to ex- ceed $17,715. Trustee Senensky moved to approve Resolution 07-07. Trustee Minx seconded the motion. Motion passed: 4 ayes, 0 nays, 2 absent. Tr. Brunner aye Tr. DiMaria absent Tr. Kogstad absent Tr. Minx Tr. Senensky Tr. Staackmann ay2 10 �1Vf inufes of}Felsrtua , ;412. 20071Board IMeeiiregl X. C. Trustee Kogstad: Trustee Kogstad was absent—no report. TRUSTEES' REPORTS (continued) D. Trustee Minx: 2. Trustee Minx presented for a first reading Ordinance 07-05, An Ordinance Granting a Special Use Permit in the Village for Property Located at 6901 Golf Road for a Commercial Wireless Antenna Installation. Trustee Minx moved, seconded by Trustee Brunner, to waive the second reading of this ordi- nance. Motion passed: 3 ayes, 1 nay, 2 absent. Tr. Brunner afire Tr. DiMaria absent Tr. Kogstad absent Tr. Minx ave Tr. Senensky gy2 Tr. Staackmann rjay Trustee Minx explained that this was pursuant to Plan Commission case PC 06-11, which had been reported out earlier in the meeting. Mayor Krier said he had attended the Plan Commission hearings on this matter. He felt that the Commission was sensitive to the issue of the girl with the cochlear device, but remained cognizant of the fact that, by federal law, the Village could not deny this request based on that reason. He said it was a very emotional issue. Corporation Counsel Liston stated that the Telecommunications Act states that the FCC is the sole authority to determine the health, safety, and welfare impacts of antenna installations. Trustee Minx added that she was told that the frequency waves go out, not down, so she felt the impact on the girl would be negligi- ble. Trustee Minx moved to adopt Ordinance 07-05, seconded by Trustee Brunner. Motion passed: 4 ayes, 0 nays, 2 absent. Tr. Brunner a_re Tr. DiMaria absent Tr. Kogstad absent Tr. Minx ave Tr. Senensky aye Tr. Staackmann awe Next, Trustee Minx presented for a first reading Ordinance 07-06, Granting a Special Use Amendment in the Village to Allow Time to Complete the Exterior Construction, Land- scaping, and Parking Lot of the Mosque and Expansion of the Existing School for the Property Located at 8601 Menard. Trustee Minx explained that this was pursuant to Plan Commission case PC 06-12, which was reported out earlier this evening. Trustee Minx said she had listened to all the comments, and noted that she had not been a trustee at the time the decision to grant the original Special Use Permit was made. She said her personal opinion was that the construction to date had not been handled as expeditiously as it could have been. However, she said she felt the Village needs to move forward on this, and it is in everyone's best interests to get this project completed. Trustee Minx said she's aware that construction is hard on everyone, and having a condition requesting that written updates be made on a regular basis allows all parties to know "where we're coming from and where we're going". 11 X. TRUSTEES' REPORTS (continued) Minutes of Febrtuary 12, 2007 Board Meeting D. Trustee Minx: (continued) Trustee Minx had several amendments to the ordinance. • In Section 2, the word "substantially" should be added so that the sentence reads: "That the property located at 8601 Menard, Morton Grove, Illinois, is hereby granted a special use amendment to allow an extension of time until August 28, 2007 to substantially complete the exterior construction..." • In Section 4, #1, to add the word substantially so that it reads: "That the exterior construction, including but not limited to the exterior walls and roofs, landscaping and parking lot, be substantially completed by August 28, 2007". • In Section 4, #2, the phrase "be required to retain Cornerstone Construction Services, Inc. or another firm approved by the Building Commissioner as consultants to monitor the construction project and" should be deleted and the word "February" should be changed to "March", so that it reads: "That the applicant prepare and maintain two week updates on the progress of the project, which shall be made available upon request to the Building Commissioner, and also prepare bi-monthly written reports as to the status of the project which shall be submitted to the Village Administrator beginning March 1, 2007, and every two months thereafter." • Section 6 should be revised to read as follows: "In the event the Village's Adjudication Hearing Officer determines that condition one in Section 5 of this ordinance (the exte- rior construction, including but not limited to the exterior walls and roofs, landscaping, and parking lot, be substantially completed by August 28, 2007) has been violated, the minimum fine for said violation shall be $750.00 per day for each and every day that said violation continues to exist, excluding Saturdays and Sundays, to the maximum penalty permitted by 651LCS5/1-2.1-5b (5)." Trustee Minx moved, seconded by Trustee Brunner, to approve the ordinance as amended. Trustee Staackmann raised a point of order regarding approving an ordinance not yet introduced. Mayor Krier said that Trustee Minx is presenting and amending the ordinance at the same time, and moving to adopt the amended ordinance. Mayor Krier said that he and Dr. Sattar had worked out an agreed order to present to the Adjudication Officer at the time of the hearing regarding the violation that occurred when the outer shell construction completion deadline was missed in November 2006. The order basi- cally states that the Village will accept the minimum penalty ($50 per day for every day of the violation, or $4,800) if the MCC meets the August 28, 2007 deadline. However, if the August deadline is not met, the Village will revert to the maximum penalty of $500 per day, or $48,000, for this violation, plus an additional fine of $750 per day for every day that the MCC is in violation of the August 28th deadline. Mayor Krier said this gets the point across that the Village's ordinances mean something. Mayor Krier said that, after hearing Mr. Alemuddin's explanation tonight, he understood Mr. Alemuddin's reasons for making the statement he made at the Plan Commission hear- ing—but at the time the statement was made, it hit hard, and caused him and the Plan Com- mission members concern. Mayor Krier praised Dr. Sattar for working with him to come to this agreement. He said he had kept the trustees informed every step of the way, and then read for the record a letter from Trustee Dan DiMaria in support of the passage of Ordinance 07-06. 12 Minutes of Febrtuary 12, 2007.Board Meeting X. TRUSTEES' REPORTS (continued) D. Trustee Minx: (continued) Trustee Senensky noted that he had participated in many mediation sessions and felt that the most important thing was to keep both sides talking. He complimented the Plan Commission and the Mayor for "keeping the lawyers out of this" and said he was glad that this ordinance has some "teeth" to it. Trustee Minx moved to waive the second reading of Ordinance 07-06. Trustee Brunner sec- onded the motion. Motion passed: 3 ayes, 1 nay, 2 absent. Tr. Brunner aye Tr. DiMaria absent Tr. Kogstad absent Tr. Minx ayre Tr. Senensky mg Tr. Staackmann y Trustee Staackmann said he voted 'nay' because he was concerned about amending the or- dinance and then voting on it without another reading. Mayor Krier called for the vote passed: 4 ayes, 0 nays, 2 ab Tr. Brunner ave Tr. Tr. Minx aye Tr. E. Trustee Senensky: on the motion to adopt Ordinance 07-06 as amended. Motion sent. DiMaria absent Tr. Kogstad absent Senensky Tr. Staackmann Rya 1. Trustee Senensky showed the assemblage a plaque the Morton Grove Police Department had received from the U.S. Marines, recognizing the department's support of the Toys for Tots program. 2. Trustee Senensky complimented several police officers who had arrested an individual on January 10th, confiscating four pounds of marijuana and some handguns. F. Trustee Staackmann Trustee Staackmann presented Ordinance 07-02, Amending the Municipal Code, Title 7, Chapter 2, Entitled "Tree Preservation" in the Village of Morton Grove. This is the second reading of this ordinance. Trustee Staackmann explained that this ordinance updates the Village's regulations regarding the protection of trees on public property and trees located within construction areas. Trustee Staackmann said the ordinance has gone through a lot of changes and is less strict than the Natural Resource Commission would have liked. However, it does impose stricter penalties for people who damage or remove trees from public property or who fail to protect trees located within a construction building activity area. Trustee Staackmann thanked the Natural Resource Commission and commended them on the depths of the research they did for this ordinance. He admitted the ordinance is disap- pointing, but said it is a step in the right direction. 13 Minutes of Febrtuary 12, 2007 Board Meeting X. TRUSTEES' REPORTS (continued) F. Trustee Staackmann: (continued) Trustee Staackmann noted that the Village has stepped up enforcement of its tree ordinance since the inception of the Natural Resource Commission, and agreed that work should be done on the manual that is to be a guideline for this ordinance. Mayor Krier said he was sorry that Doug Steinman, who chaired the Natural Resource Com- mission, had resigned, because he was a great influence. The mayor agreed with Trustee Staackmann that this ordinance is just a first step, and encouraged the Commission not to give up. He said the Village has to be careful when it comes to legislating private property. Trustee Brunner said that, when she had read the original ordinance, as written by the Natural Resource Commission, her comments were that some of the provisions would be easily enforceable, while others seemed quite punitive to private property owners; for example, a requirement to get an arborist; having to get a permit to cut down a tree, having to replace the tree—these provisions seemed somewhat unfair. She thought that basically it was telling property owners, "once you plant a tree, you're married to it." Responding to a resident's comment, she said that, regarding the tree ordinance, unlike the smoking ordinance, she was not provided any research as to what provisions are in other municipalities' ordinances. Trustee Staackmann moved, seconded by Trustee Brunner, to adopt Ordinance 07-02. Motion passed: 4 ayes, 0 nays, 2 absent. Tr. Brunner Rye Tr. DiMaria absent Tr. Kogstad absent Tr. Minx Ayre, Tr. Senensky aye Tr. Staackmann Ayi XI. XII. XIII. OTHER BUSINESS NONE WARRANTS In Trustee Kogstad's absence, Trustee Minx presented the $197,125.86. Trustee Minx moved to approve the Warrant Brunner. Motion passed: 4 ayes, 0 nays, 2 absent. Tr. Brunner ave Tr. DiMaria absent Tr. Minx aye Tr. Senensky awe Warrant Register which totaled Registers, seconded by Trustee Tr. Kogstad absent Tr. Staackmann afire RESIDENTS' COMMENTS Patrick Kansoer. Mr. Kansoer complimented Andy DeMonte and the Public Works Depart- ment on the fine job of snow removal they do. Dr. Abdul Sattar. Dr. Sattar thanked the Mayor and the Board for their confidence in the MCC and assured them that the August 28, 2007 deadline would be met. John Thill. Mr. ThiII noted that the Natural Resource Commission had been given copies of other municipalities' tree ordinances, and said that he had earlier asked the Board to post- pone voting on Ordinance 07-02 if it didn't feel it had enough information to make a good decision. 14 XIII. Minutes of Febrtuary 12, 2007 Board Meeting RESIDENTS' COMMENTS (continued) Mr. Thill asked Mayor Krier if the Village owned the Domicile property now and wondered why there was a sign on that property directing people to shop at the new store in Lincolnwood, especially when there are several furniture stores in Morton Grove. He felt that it was Domicile's responsibility, not the Village's, to forward its customers, and wondered why the sign was allowed, especially on Village property. Mayor Krier felt the sign was not intrusive and wondered if Mr. Thill was trying to make a political issue out of it. XIV. ADJOURNMENT/EXECUTIVE SESSION There being no further business, Trustee Minx moved to adjourn the Board Meeting. The motion was seconded by Trustee Brunner and approved unanimously via voice vote. The meeting adjourned at 9:52 p.m. PASSED this 26th day of February, 2007. Trustee Brunner Trustee DiMaria Trustee Kogstad Trustee Minx Trustee Senensky Trustee Staackmann A ROVED -1b me his 2 day of February, 2007. fl Richard Krier, Village President Board of Trustees, Morton Grove, Illinois APPROVED and FILED in my office this 27th day of February, 2007. 6/41/4.,, ,4/1/7)47/7(-e.te Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois Minutes by: Teresa Cousar 15