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HomeMy WebLinkAbout2009-03-09 MinutesCALL TO ORDER Village President Rick Krier called the meeting to order at 7:30 p.m. and led the assemblage in the Pledge of Allegiance. Village Clerk Caroi Fritzshall called the roil Present were: Trustees Georgianne Brunner, Roy Kogstad, Shel Marcus, Rita Minx, Dan Staackmann, and John Thill. APPROVAL OF MINUTES IV. Regarding the Minutes of the February 23, 2009 Regular Meeting, Trustee Minx moved, seconded by Trustee Thill, to accept the Minutes as presented. Mayor Krier asked if anyone had any changes or corrections to the Minutes. Seeing none, upon the vote, the motion passed unanimously via voice vote. PUBLIC HERRINGS NONE V. VI. SPECIAL REPORTS Village Administrator Joe Wade said that this is on the Agenda tonight as a result of a special meeting held last week between Mayor Krier, Corporation Counsel Liston, and Plan Commis- sion Chairman Ron Farkas to review the provisions of the existing Special Use Permit granted for The Preserves. The finding is that violations were found and the committee's recommen- dation is that the Special Use Permit should be revoked. There were no questions for the Vil- lage Administrator. The Applicant was not present. (Agenda !tams Only) NONE . Minutes o#March 9, 2009 BoarG Meeting VII. Mayor Krier had two proclamations: a. He proclaimed and encouraged all residents to participate in this year's "Earth Hour", which will be on Saturday, March 28, from 8:30 to 9:30 p.m. This is a voluntary event wherein all who participate wifl turn off all non-essential lighting for that hour. It has been estimated that turning off non-essential lights for one hour could save as much as fifteen percent of the energy consumed on an average Saturday night. b. The second proclamation was in support of the 2010 Census. Mayor Krier stressed the impor- tance of everyone getting counted. Viil. CLERK'S REPORT a. Clerk Fritzshall stressed the importance of voting, noting that what happens in the Village af- fects everyone's daily lives. She reminded the assemblage that early voting begins at Village Hall starting on March T6 and goes through April 2, 2009. Election day is Apri( 7, 2009. b. Clerk Fritzshail stated that residents may register to vote up until Miarch i0, 2009. There is a grace period between March 11 and March 24 where anyone interested in doing so may go downtown to the County Clerk's office and may register and vote at the same time. c. Clerk Fritzshal(announced that in-person absentee voting will take place downtown at the Clerk's office from April 3 to April 6. April 6 is the last day mailed-in absentee ballots can be postmarked for acceptance by the Clerk's office. IX. STAFF REPORTS A. Village Administrator Mr. Wade had no report. B. Corporation Counsel: Ms. Liston had no report. X. A. Trustee Brunner: TRUSTEES'REPORTS Trustee Brunner said that the Board of Environmental Health thanks Mayor Krier for passing the "Earth Hour" proclamation. `" Minutes of Marcfi 9, 20P9 Buartl Meetiotfl X. TRUSTEES' REPORTS (continued) B. Trustee Ko sq tad: Trustee Kogstad had no report. C. Trustee Marcus: Trustee Marcus had no report. D. Trustee Minx: Trustee Minx presented for a first reading Ordinance Q9-03, An Ordinance Revoking the Special Use Permit for the Property Located at 8495 Dempster Street, 6421-6457 Demp- ster Street, and 8717 Lincoln Avenue, for Construction of a Planned Unit Development. She explained that this Ordinance forii~aiiy revokes the special use permit approving a planned unit development for this site. Trustee Minx provided some background: Morton Grove DL; LLC was granted a special use permit in 2005 for a planned unit development for this site. That special use was amended in 2006 to make minor changes to the site plan. The special use permit was then revoked in 2008 when the group was unable to obtain funding. Later in 2008, after Morton Grove DL, LLC reassured the Village that it now had funding to continue the project, the Board again granted a special use permit. When the conditions of that permit were not met, notifications of the various violations were sent to Morton Grove DL, LLC and a hearing by athree-member panel was held to determine whether to revoke the special use permit. After hearing testimony from the Village, and having no one present from Morton Grove DL, LLC, the panel unanimously determined that it was in the best interests of the Village to recommend revocation of the special use permit. b. Trustee Minx said that Village staff was recommending that the second reading of this Ordin- ance be waived. She so moved, seconded by Trustee Brunner. c. Trustee Staackmann said that he would strongly encourage his colleagues to retain the second reading due to the prominence of this property and its controversial history over the past several years. d. Trustee Marcus asked Mr. Wade if there was a specific reason why adequate time for a second reading shouldn't be allowed in this case. Mr. Wade responded that there are two reasons: one, there has already been a due process hearing for this property, and two, it would provide some added security for the Village. He felt that Corporation Counsel could explain further. Ms. Liston said that, on February 16, 2009, a sheriff's sale was conducted and the lender was the successful bidder. The Village wants to be sure that it's clear to the successful bidder that whoever acquires this property acquires it without all the benefits at- tached to the special use permit. Village staff felt that quick revocation of the special use per- mit would avoid anyone having any expectations that there's a "shovel-ready" project for that site. '" Minutes of'March B, 20b9 Seard Mee&ng~ X. TRUSTEES' REPORTS (continued) D. Trustee Minx: (continued) e. Trustee Marcus felt the fact that there was a hearing to revoke the special use permit, and the fact that this Ordinance was introduced this evening, should clearly spell out the Village's in- tentions regarding the special use permit. Ms. Liston said that staff is recommending moving quickly so as to avoid anyone exercising their rights under the special use permit. She noted that, if anyone did feel they could exercise these rights, the Village would make the same ar- gument Trustee Marcus just made. She said that staff, however, would rather not have to make the arguments at all. There being no further discussion, Mayor Krier called for the vote to waive the second reading of Ordinance 09-03. Motion failed: 2 ayes, 4 nays. Tr. Brunner afire, Tr. Kogstad ~ Tr. Marcus nay Tr. Minx awe Tr. Staackmann ~ Tr. Thill n>~ E. Trustee Staackmann: Trustee Staackmann had no report. Trustee Thill Trustee Thill had no formal report but commented that, if residents see sewers clogging up with leaves, to please let the Public Works Department know. He said that if a person trying to be helpful unclogged the leaves, the resulting relief of the water pressure could cause water to come up in someone's basement. XI. OTHER BUSINESS a. Trustee Thill asked for a change in the budget. He noted that he had moved to put the funds from the sale of the Simkins Furniture property into a special bank account earmarked for Dempster Street projects. He was now asking to move $300,000 from this account into the Capital Improvements fund for street repair. After being out and talking to residents and hear- ing their comments, he felt this was a more immediate need. He moved to do this, seconded by Trustee Staackmann. b. Mayor Krier said he believed that an ordinance would be needed to amend the budget ordin- ance. He said the Village had held numerous budget hearings and workshops, and to do this now "on the fly" didn't seem like good planning. He noted that things have a tendency to cost a lot more money than the Board thinks, such as with the Beckwith bridge repairs. He said the Board always has the option of moving funds. c. Corporation Counsel Liston said that this could be done but Trustee Thill's motion should more properly be to direct staff to prepare an ordinance that would amend the ordinance which approved the sale of Simkins Furniture to remove the provision that the funds received from the sale be used exclusively for Dempster Street projects, and to allow those funds to be placed in the General Fund. Then the budget ordinance would also need to be amended to allocate more dollars to street repairs. Minutes o#Mareh±3, 20D88oau1'Meetin ~: XI. OTHER BUSINESS (continued) d. Mayor Krier said he felt it behooved the Board to talk with Public Works about this proposal and figure out exactly what $300,000 could get the Village in terms of street repairs. He would prefer getting more input from staff Trustee Brunner agreed. e. Mr. Wade added that another thing for the Board to consider is an early indication that the motor fuel tax fund distribution would be decreased by 8.1%. If that's true, many of the Vil- lage's budgeted public works projects would need to be re-prioritized.. He said that he's in the process of determining with the Illinois Board of Transportation if that's true. f. Trustee Kogstad suggested amending the budget ordinance. He said that $300,000 has al- ready been expended on Dempster Street so the money in the special holding account could be freed up. Public Works had provided a list of streets needing repairs during the budget process. Trustee Kogstad said the Village could just work off that list and possibly repair the worst of those streets. There would be $450,000 altogether then budgeted for street main- tenance. He wondered if an ordinance needed to be prepared for a first reading, or if to- night'sdiscussion could be considered a first reading. g. Ms. Liston said that the only way to change an ordinance is by passing an ordinance amend- ment. In this case, an ordinance is needed to amend the ordinance that approved the sale of the Simkins Furniture property, and another is needed to amend the budget ordinance. An ordinance must be written before the Board can have a first reading. Ms. Liston pointed out that the Board does have the option of waiving the second reading. Trustee Brunner said that she felt the $300,000 from the sale of that property was for Demp- ster Street and wondered how or if using it elsewhere would affect any current or near-term Dempster Street projects. Mayor Krier said he felt that Trustee Kogstad's approach was not in the spirit of the law. As an example, he mentioned the Illinois lottery.. Funds from the lottery were meant to be using for education in Illinois. That is what they are used for, but funds that the State had put aside for education are now being used for other things. Trustee Kogstad said he wanted to clarify with Corporation Counsel the process for this. She pointed out that Trustee Thill has a motion on the floor. Mayor Krier asked Trustee Thili if he wanted to withdraw his motion. Trustee Thill did not. He said that, at the time, he had felt it was important to set those funds aside for Dempster Street projects, adding that, now, there seems to be more of immediate need for street repairs. Trustee Thill asked Mayor Krier if he'd prefer to wait for input from Village staff. Mayor Krier said he thought that would be more prudent. k. Trustee Marcus agreed that it would be prudent to hear from staff on this issue, especially in light of the possible decrease in MFT funds. He also concurred with Trustee Thill that street repairs are very much needed. He said it was important, however, not to diminish any other Village needs. He said he would like to get information from staff to make sure that doing this wouldn't hinder any other projects or obligations. I. Mayor Krier agreed, saying that the Board doesn't know if the worst street is going to cost $450,000 or more, and then figuring out where to get the rest of the money. Minutes of March'9, 20119 BpaMMeeting. XI. OTHER BUSINESS (continued) m. Trustee Marcus said that he appreciated Trustee Thill bringing this topic up because it is defi- nitely amatter of concern to the community and should be addressed. n. Trustee Kogstad asked if the motor fuel tax affected the Capital Projects fund. Mr. Wade said that it goes to a number of different sources, such as labor, materials (asphalt, salt, etc.). o. Mr. DeMonte said that Capital Projects isn't funded by motor fuel tax funds, except possibly some salary reimbursement. p. Trustee Kogstad said that staff could prepare an ordinance; the Board could review it at the next meeting and then vote on it two weeks later. q. Trustee Staackmann said he was concerned about the timeframe to get bids out and to or- ganize whether what needs to be done {i.e., partial streets, whole streets, cold patch, etc.). He agreed that, after two hard winters, the streets are in bad shape, and said he'd like to see the Board go forward and appropriate the $300,000 and direct staff to put together some in- formation and options. He said that, with construction being down, possibly the Ullage could get some good prices for asphalt. r. Trustee Brunner asked Mr. DeMonte how much time Public Works would need. s. Mr. DeMonte said that it depends on which streets the Board wants to address. If they are just "grind and resurface" projects, Public Works can get those together fairly quickly, and many streets do need that. Those would not be the "worst" streets, however. If the Board wants to do some of the more complex streets-those that require curb work, sewer work, sidewalk work, and/or apron adjustments-Public Works would likely recommend holding off on those, as it would take longer to get design work, etc. done. Mr. DeMonte said that the de- partment had been working off a list of five or six streets during the budget process. He said they would probably just go back to that list. He noted that, if the stimulus package works, the asphalt companies could be busy, which could mean an increase in the price of asphalt. t. Trustee Minx asked if the street repairs that were cut during the budget process were "grind and resurface' or were more complex. Mr. DeMonte said he believed they were a combination of both. u. Trustee Staackmann said he would certainly want Public Works to prioritize which streets need to be done. Mayor Krier said that it wouldn't necessarily be the worst streets, however, because the worst streets might only get two blocks repaired with the funds available. That would be the Board's decision. Trustee Kogstad said that the Board could certainly look at and decide whether it would accept Public Works' recommendations. v. Trustee Brunner said she would like to see a list of what would be affected on Dempster by not having these funds available for Dempster Street projects, as well as a list of which streets would need to be fully rebuilt and which could begrind-and-resurface projects. w. Trustee Minx said that the Board has talked streets in every budget cycle. The last coding of streets, done by Ryan Gillingham, is about two years old, and those streets are probably in worse shape now. Unfortunately, it's always ended upon the back burner. If this is one of the Board's priorities, money should be allocated toward infrastructure in future budgets. Minuti3s xf Marcht3, 20U9~cartl"Meetingi XI. OTHER BUSINESS (continued) x. Mayor Krier suggested to the Board that they should revisit the budget and get input from staff as to how many streets could be done, and the Board can see where they can find the mon- ey. Trustee Kogstad still felt an ordinance could be prepared at the same time. Trustee Minx said that reviewing a list first would only push things back two weeks. Trustee Kogstad said he was concerned about the timing and about being able to get bids out. Trustee Minx said that should have been given more thought during the budget process. Trustee Kogstad noted that he had tried to amend the ordinance to provide more funding for street maintenance, and his motion to do so was voted down by the Board. z. Trustee Thill withdrew his motion and Trustee Staackmann withdrew his second. Mayor Krier directed Mr. Wade to provide the Board with a list of streets that would need to be totally re- done and how many streets could be addressed and how much it would cost. Mr. Wade said that Public Works could look at streets that are in very bad shape and would consume most of the available resources, or it could look at the next "level" of bad streets, those that would benefit from some vdork, which could prevent them from getting worse. He said staff would like to give the Board some choices and some recommendations. aa. Trustee Marcus said it was his understanding that ttie rnore costly and complex streets wouldn't be included in this discussion, but perhaps would be included in upcoming budget discussions. Mayor Krier thanked Trustee Thill for an excellent discussion. XI I. WARRANTS Trustee Minx presented the Warrant Register for March 9, 2009, in the amount of $225,674.91. She moved to approve the Warrants, seconded by Trustee Thill. Trustee Thill had three questions. (1) on page 4, a Brie item for perision fund letters. Acting Finance Director Ryan Horne said those were police pension fund letters related to getting a determination from the IRS that the pension fund is in compliance with IRS regulations. (2) also on page 4, a line item for $1,500 for a water study. Mr. Horne said he would have to get the details on that and report back to the Board. (3) on page 8, an $825 charge for "plan re- view for 9346 Waukegan Road". Mr. Horne said he'd have to research that as well. Mayor Krier called for a vote on the Warrants. Motion passed: 6 ayes, 0 nays. Tr. Brunner aye Tr. Kogstad aye Tr. Marcus aye Tr. Minx aye Tr. Staackmann aye Tr. Thill aye Xlll, RESIDENTS' COMMENTS 1. Bill Luksha. Mr. Luksha appeared before the Board wondering how voters find out about the candidates who are running for office and what their credentials are. Mayor Krier said this wasn't the proper forum for those questions or a discussion of this nature. Mr. Luksha asked if the Village could require full disclosure of candidates' backgrounds, de- grees held, etc. Mayor Krier said that, as far as he was concerned, all the candidates running for this election are complying with all the letter and the spirit of the law. 'Minutes ofMarch 9, 3DU9 Board'Metetihyl XIII. RESIDENTS' COMMENTS (continued) Clerk Fritzshall noted that any resident wishing to do so could obtain a "virtual ballot" by going to www.voterinfonet.com. That site would provide a list of all the candidates running-for vil- lage, library, school, and park elections-just by typing in your address. Mr. Luksha asked if there was going to be a debate. Mayor Krier said he was unable to an- swer that question. 2. Rudy Firenzi. Mr. Firenzi was again concerned about flooding in his neighborhood. He said that he was in receipt of the report prepared by the Village's consulting firm, and said that he had never seen such a report featuring both the Village's and the consulting company's logo. Mr. Firenzi said that, in his opinion, the report was garbage. He said that he's called the com- panyten times to discuss the report and no one has returned his calls. That raises more sus- picionsabout the report. He was disappointed that he has to double-check everything and that he's getting inaccurate information from the Village. He suggested putting pumps in some key locations in the Village and pumping the water to the river. Mr. Firenzi said he's been coming to the Village for six months and his problem has not been resolved. He said he won't be coming back and is going to look at other options. Mayor Krier said that the consulting firm that put together the report is very reputable, adding that he understands and shares Mr. Firenzi's frustration. Mr. Firenzi said that, in his experience, consulting firms prepare precise and accurate reports, not generic ones like the one he received. XIV. ADJOURNMENT/EXECUTIVE SESSION There being no further business, Trustee Minx moved to adjourn the meeting. Trustee Staackmann seconded the motion. Motion passed: 6 ayes, 0 nays. Tr. Brunner ~ Tr. Kogstad ~ Tr. Marcus afire Tr. Minx afire Tr. Staackmann awe Tr. Thill The Board Meeting adjourned at 8:31 p.m. Minutes of Marcfi 9,30A9 Bearii Meeting: PASSED this 23rd day of March, 2009 Trustee Brunner ~~ Trustee Kogstad + " Trustee Marcus ~. .,:-- Trustee Minx Trustee Staackmann Trustee Thill ,~P~PROVED b~ me this 23rd day of March, 2009. t n~ ~ ~.° ~ ~ ___ Richard Krier, Village President Board of Trustees. Morton Grove, Illinois APPROVED and FILED in my office this 24th day of March, 2009. ~ 5 ~ ~ ~ ~~% Carol A. Fritzshall, Village Cler Village of Morton Grove, Cook County, Illinois Minutes by. Teresa Cousar