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HomeMy WebLinkAbout2008-05-12 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 Carol Fritzshall called the roll. 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 April 28, 2008 Regular Meeting, Mayor Krier asked if anyone had any changes or corrections to the Minutes. Seeing none, Trustee Minx moved, seconded by Trustee Thill, to approve the April 28, 2008 Regular Meeting Minutes as submitted. Motion passed unanimously via voice vote. PUBLIC HEARINGS NONE V. SPECIAL REPORTS a. Swearing In Ceremony for New Firefighter/Paramedic David B. Poterek b. Fire and Police Commissioner Suzanne Anderson performed the swearing in ceremony, assisted by Trustee liaison Rita Minx and Fire Chief Tom Friel. Commissioner Anderson provided a brief bio of the Village's latest firefighter/paramedic, David B. Poterek. Firefighter Poterek began his employment in Morton Grove on April 30 and is currently attending the Arlington Heights Fire Academy. He was born and raised in Mundelein and graduated from Mundelein High School. Poterek has a Bachelors Degree in Physical Education from Monmouth University. He is an assistant soccer coach at St. Victor's in Arlington Heights. He is married with two children. The Board congratulated Poterek as his wife pinned on his badge. Chairman Farkas presented this case. He said that, now that the Unified Development Code has been in place for a year and staff has adjusted to using it, there was a need to clarify and "" Minutes df MaY 12, 2008 aoard Meeting', V. SPECIAL REPORTS (continued) update some parts of it. The Commissioners reviewed the proposed text amendments and suggested some additional language changes to further clarify the Code. No interested or concerned parties testified at the hearing. The Commission unanimously recommended that these text amendments be approved. Trustee Minx moved to accept the Plan Commission's report, seconded by Trustee Brunner. Motion passed: 6 ayes, 0 nays. Tr. Brunner afire Tr. Kogstad ~ Tr. Marcus aye Tr. Minx awe, Tr. Staackmann afire Tr. Thill aye VI. RESIDENTS' COMMENTS (Agenda Items Only} James Beuwer. Mr. Beuwer of American Taxi spoke regarding Ordinance 08-15, the proposed taxi fare rate increase ordinance. He said that when American Taxi had first approached the Village about a fare rate increase, the price of gas was between $3.12 and $3.18 per gallon. Last week it was $3.50 per gallon; today it's $3.95 per gallon. Because of this, he was asking that the ordinance be amended to provide for a rate increase to $2.20. He also requested that the Village remove references to specific rates. He said that only Skokie, Morton Grove, and Evanston have specific rates noted in their ordinances. Mr. Beuwer was asking that they be removed and let the "competitive market" decide what the rates should be. b. Melinda Mumford. Ms. Mumford spoke regarding Ordinance 08-18 (revoking the Special Use Permit for the property at 6415 and 6421 Dempster, and 8717 Lincoln). She felt the property should be considered for "mixed units". She also felt that the five areas highlighted at the last meeting, the areas where the higher density will be allowed, should be used for senior/mixed- generational housing. She said she's had some very positive experiences with that. VII. Appointments PRESIDENT'S REPORT a. Mayor Krier asked for concurrence with two appointments to the Natural Resources Commis- sion. Both Sharon Erickson and Sylvia Jurians had been recommended by the Chairperson, Mary Bush. Trustee Thill moved to concur with these appointments, seconded by Trustee Minx. Motion passed unanimously via voice vote. Proclamations b. Mayor Krier then proclaimed June 7, 2008 as "Lin-Mar Motors Day" in honor of this family- owned and operated business' 50`h anniversary in the Village. He commended Ron Lundin, owner, for his many activities in the community, stating that, "Besides being a business owner in Morton Grove, Ron also lives here, and his is one of the first businesses to always step up to improve the quality of life in Morton Grove." Mayor Krier and the Board congratulated the members of the Lundin family in attendance. c. Mayor Krier also proclaimed the week of May 11 through May 17, 2008, as "Police Week" in the Village. He noted that Congress and the President have designated May 15 as "Peace Of- ficers Memorial Day', and the week in which it falls as "Police Week". Mayor Krier said that it Minutes of MaY 72, 2008 Board Meeting) VII. PRESIDENT'S_REPORT (continued) is important that all citizens know and understand the problems, duties, and responsibilities of their police department, and that members of the Village's police department recognize their duty to serve the people by safeguarding life and property. Mayor Krier said the Morton Grove Police Department has grown to be a modern and progressive law enforcement agency which constantly provides a vital public service. He called upon all residents to observe May 15 as "Peace Officers Memorial Day", and to commemorate police officers, past and present, who, by their faithful and loyal devotion to their responsibilities, have rendered a dedicated service to the Village. VIII. CLERK'S REPORT Clerk Fritzshall had no formal report but noted that the Commission on Aging would be meet- ing tomorrow at 1:00 p.m. She also announced an upcoming Senior Information Forum that would be held on May 22 between 1:00 and 2:30 p.m. at the Senior Center. Representatives from area senior service agencies will be present to answer any questions about entitlement programs, such as respite services, circuit breaker, caregiver services, and other programs, such as senior protective services and advanced care directives. It's also an opportunity to learn about all the senior services offered through the State and Federal government. There is no charge to attend, but interested potential attendees must register a4 the Senior Center in advance of the forum. IX. STAFF REPORTS A. Village Administrator a. Mr. Wade reminded the Board that the meeting scheduled for May 26, 2008, was cancelled due to the Memorial Day holiday. b. Mr. Wade announced that the Illinois Department of Transportation (IDOT) would begin work this week on the Waukegan Road Interconnect project, which will ultimately improve traffic flow. Work will be ongoing through the end of July and will involve temporary lane closures. B. Corporation Counsel: Ms. Liston had no report. X. A. Trustee Brunner: TRUSTEES'REPORTS Trustee Brunner presented Resolution 08-35, Authorizing an Application For an Execution of a Public Transportation Capital Assistance Grant Under the Illinois Department of Transportation's (IDOT) General Authority to Make Such Grants. Trustee Brunner explained that this Resolution will authorize the Village Administrator to com- pleteand file an application with IDOT to receive a Public Transportation Capital Assistance Grant for the capital cost of providing elderly and disable specialized paratransit services. .,: X. A. Trustee Brunner: (continued) TRUSTEES' REPORTS (continued) The grant will help the Village obtain funds to purchase a bus for seniors and disabled persons at little or no cost. The passage of this Resolution is a prerequisite from IDOT to be considered for and receive grant funds. The Village could save approximately $60,000 on the purchase of a new bus with this grant. Trustee Brunner said there will be a Public Hearing on this matter on May 20, 2008, at 1:00 p.m. at the Civic Center. Appropriate notice has been given to the local newspapers as well. Trustee Brunner moved to approve Resolution 08-35, seconded by Trustee Marcus. Motion passed: 6 ayes, 0 nays. Tr. Brunner aye Tr. Kogstad ~ Tr. Marcus aye Tr. Minx ~ Tr. Staackmann a~ Tr. Thill ave Trustee Brunner commented that the Village will be receiving the new bus it had previously applied for on May 30. It's a 2008 Chevy 6.6 LT Eldorado 22-passenger bus. The cost for that bus was $81,747, of which 80% was paid by the Federal Government and 20% paid by the State of Illinois-the Village of Morton Grove paid nothing. She thanked Senior Services Director Jackie Walker-O'Keefe and Village Administrator Wade for all their hard work on the Village's paratransit efforts. 2 Next, Trustee Brunner presented for a first reading Ordinance 08-17, Amending Title 8, Chapter 9, of the Village of Morton Grove Municipal Code to Incorporate by Reference the Smoke-Free Illinois Act. She explained that, on July 23, 2007, the State of Illinois adopted the Smoke-Free Illinois Act. This ordinance will adopt by reference that Act and will allow violations of it to be enforced pursuant to the Village's local adjudication hearing system. Trustee Brunner said that, be- cause this is already an Illinois law, Corporation Counsel Liston was recommending that the second reading be waived and that this ordinance be acted upon tonight. Trustee Brunner moved, seconded by Trustee Minx, to waive the second reading of Ordinance 08-17. Motion passed: 5 ayes, 1 nay. Tr. Brunner ~ Tr. Kogstad ~ Tr. Marcus Tr. Minx a~ Tr. Staackmann ~ Tr. Thill Trustee Brunner then moved to adopt Ordinance 08-17, seconded by Trustee Minx. Motion passed: 6 ayes, 0 nays. Tr. Brunner afire Tr. Kogstad awe Tr. Marcus awe Tr. Minx awe Tr. Staackmann ~ Tr. Thill Trustee Kogstad: Trustee Kogstad had no report. Minutesof MaY 12, 20086oartl Meeting X. TRUSTEES' REPORTS (continued) C. Trustee Marcus: Trustee Marcus presented Ordinance 08-15, Amending Title 4, Chapter 12L Entitled "Public Passenger Vehicles" of the Municipal Code of the Village of Morton Grove. This is the second reading of this ordinance. Trustee Marcus explained that this will update the Village's regulations of taxis and adjust approved taxi rates to be consistent with surrounding communities. Among other changes, the fare rate will be increased to $2.00 per mile and the flat rate between O'Hare and any location in the Village will be $25.00. The senior citizen/disabled person discount will continue, and limitation on the number of taxis which can be licensed within the Village will be removed. Trustee Marcus said that there were several amendments he wanted to make to the actual ordinance. In Section 4.12L.7, item 7, he wanted the flat rate numbers changed to reflect a fare of $24 west of Waukegan Road and $25 east of Waukegan Road, rather than $26 and $25, respectively. He said that American Taxi has no objections to this. Trustee Marcus moved to amend the ordinance to so state, seconded by Trustee Minx. Motion passed: 6 ayes, 0 nays. Tr. Brunner ~ Tr. Kogstad ~e Tr. Marcus a~~e Tr. Minx ~ Tr. Staackmann aye Tr. Thill aye Trustee Marcus moved to approve Ordinance 08-15 as amended. Trustee Brunner seconded the motion. Trustee Marcus then asked Mr. Beuwer to reiterate his requested changes. Mr. Beuwer said he'd like the meter rate increased from $2.00 to $2.20. Mayor Krier said that is covered under Section 4.12L.7, item 2. He pointed out that this would be a 40-cent rate increase from the current rate. Trustee Thill asked, if the rate went to $2.20 and the price of gas went down, would the $2.20 rate go down. Mr. Beuwer said it would not, unless it was written into the ordinance that way. Trustee Marcus asked about the rates in Skokie. Mr. Beuwer said that Skokie's flat rate to O'Hare is $26 with a $1 fuel surcharge and their meter rate is $2.00. He said he has not yet approached Skokie or Evanston to request rate increases, but he will be. He noted that Lincolnwood's rate is the same as Chicago's. American Taxi tries to keep its rates consistent in the area. Trustee Marcus asked about the competitive market. Mr. Beuwer felt it was the best way to go and said American Taxi enjoys competing. Trustee Marcus made the point that deregulation isn't always the best thing for the consumer. Trustee Minx asked for an example of a competitive rate in another Village. Mr. Beuwer said they try to keep the rates consistent in the area; it's easier for the passenger and the driver. Trustee Minx asked what the rate is in Glenview and in Niles. He said that Glenview's rate is $26, east of Waukegan it's $27. In Niles, the rate is $22. Trustee Marcus said he understood Mr. Beuwer's concerns but said he'd like to leave Morton Grove's rate at $2.00, rather than jump into $2.20 without doing any research. Mr. Beuwer said that he could always come back and ask for the $2.20 later. Minutes of May 72, 2008 Board Meeting X. C. Trustee Marcus: (continued) TRUSTEES' REPORTS (continued) Mayor Krier noted that verbiage has also been added in regarding no additional charge for any extra passenger who is over 65 or has a disability. Mayor Krier called for the vote on the motion to adopt Ordinance 08-15 as amended. Motion passed: 6 ayes, 0 nays. Tr. Brunner a~~e Tr. Kogstad ~ Tr. Marcus aye Tr. Minx aye Tr. Staackmann ~ Tr. Thill Trustee Marcus thanked American Taxi for their service in the Village and for the courtesies they extend to our seniors and disabled residents. D. Trustee Minx: Trustee Minx presented for a first reading Ordinance 08-18, An Ordinance Revoking the Special Use Amendment for the Property Located at 6415 Dempster, 6421-6457 Dempster, and 8717 Lincoln Avenue, and to Rescind an Extension of Time to Commence and Proceed with Construction of a Planned Unit Development. She explained that that this ordinance will allow for the revocation of an amendment to the Special Use Permit approving a planned unit development for this site which allowed for a time extension for the progression of construction. No financing has been secured and no construction schedule has been created, which is the reason the Village is considering this revocation. Mayor Krier said he wanted to highlight two things: the next Board meeting is June 9 so it'll be almost a month before action is taken on this, unless a motion to waive the second reading is made and approved. Also, the Village has received a letter from the development group requesting an extension, unless anyone tonight makes any changes. Trustee Thill noted that Mr. Kropp was in the audience and wondered if he would be allowed to speak to the Board. Mayor Krier said that Mr. Kropp was certainly welcome to speak under "Residents' Comments". Trustee Thill asked, if the Board revoked the Special Use amendment, what would become of the property. Mayor Krier said it would just mean that the building that was approved for that property by the Special Use would no longer be approved. What happens to the property will be up to the owners. Trustee Minx next presented for a first reading Ordinance 08-22, Amending Titles 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, and 12 of the Village of Morton Grove Code by Removing the Individual Fines and Establishing a Fine Section. Trustee Minx explained that, in 2007, Village staff began to review the Village's fines and pen- alties in an effort to determine if they were consistent with State statute and other municipali- ties' fees and fines. Staff determined that the Village's fines and fees required an increase in the general penalty and other specific fines to be consistent with other towns. Staff also felt that placement of all the fines in one section of the Municipal Code would allow for a more efficient review of such fines and penalties by Village staff, the Village's adjudication system, 11: X. D. Trustee Minx: (continued) TRUSTEES' REPORTS (continued) and by residents and businesses. This ordinance also grants the Village Administrator the authority to enter into stipulated settlements for violations which are settled prior to the designated hearing date. The stipulated settlement for parking tickets shall be $10 if paid prior to the initial due date on the citation, $15 if paid after the initial due date but prior to the administrative hearing, and $20 if paid on the date of the administrative hearing. Trustee Brunner thanked Corporation Counsel and Village staff for doing a magnificent job on this review. She also asked that, for clarity, all references to the Clean Indoor Air ordinance be changed to Smoke-Free Morton Grove ordinance. Mayor Krier agreed. Trustee Kogstad asked if there are any fees in this ordinance that have not been previously approved by the Board. Corporation Counsel Liston said that this Ordinance only pertains to fines, not fees; fees will come soon in a separate Ordinance. She said that some of the fines are different. There is a posting on the Village's web site that lists, in detail, the °current" fines and these "new" fines. For the most part, fines were changed to be consistent with what's being done in other municipalities. Ms. Liston noted that the most significant change is that most of the Village's fines ranged from a minimum of $50 to a maximum of $500, but State law is now a minimum of $75 to a maximum of $750, so Morton Grove's have now been changed to be consistent with that. Trustee Brunner asked, if there was no fine mentioned in any specific ordinances, would the new Title 1, Section 4 coverthat. Ms. Liston noted that, in the proposed ordinance, Title 1, Section 4 states that a violation of ~ Village ordinance will result in a fine of a minimum of $75 to a maximum of $750, and every day is a separate offense, unless there are specific fines for a specific offense. Trustee Thill asked if bicycles have to be licensed. Ms. Liston said it's on the Village's books, but is pending review and will eventually be "modernized". Trustee Thill asked if there was a snow removal ordinance. Ms. Liston said yes, there is. He asked if it was for businesses or private property. She said she would have to research and get back to Trustee Thill: Trustee Thill also pointed out a typo ("far" housing should be "fair" housing). Trustee Minx announced that, on June 8, the Northeastern Illinois Public Safety Training Academy (NIPSTA) will be holding a Public Awareness event from 11:00 a.m. to 3:00 p.m. NIPSTA is located at 2300 Patriot Drive in Glenview. Many activities for the family are scheduled for this day. The cost is $5 per person, children under the age of 3 are free. For more information, residents should call 1-847-998-8090 or visit NIPSTA's website at www.nipsta.org. Trustee Minx said she hoped everyone will have a fun and safe Memorial Day, and hoped that everyone will keep all our veterans and current armed forces in their thoughts and prayers. Minutesof May 12 2008 Board Meeting X. Trustee Staackmann: TRUSTEES' REPORTS (continued) Trustee Staackmann presented for a first reading Ordinance 08-19, Amending the Village of Morton Grove's Unified Development Code, Sections 12-3-3C1d, 12-4-2D1c, 12-4-3D, 12-5-3A, 12-5-5A, 12-5-7C, 12-5-8A, 121-7-2H3, 12-7-3E, 12-9-1B2i, and 12-16-4C7. He explained that these miscellaneous text amendments will correct and clarify certain provisions, and keep other sections current with State law. The Plan Commission has unanimously recommended approval of these text amendments. Trustee Thill had a question about one of the provisions being changed to correct a math error in calculating minimum lot area for multiple-family dwelling units. Corporation Counsel Liston said the formula that had originally been used was incorrect. He also questioned a provision removing senior housing as an allowable use in the M-1 Manufacturing zoning district. He thought that had already been done. Ms. Liston confirmed that it had been approved, but when the Unified Development Code had been approved, it wasn't updated to reflect that change. Trustee Thill also commented on a provision modifying a section of the Code that prohibits the location, construction, or operation of adult entertainment facilities.. Ms. Liston said that the Supreme Court has ruled that municipalities could not ban adult entertainment facilities as it would violate their First Amendment rights; however, municipalities can require such facilities to be located only in certain specific locations. She said that, under recently passed State law, any new construction of adult entertainment facilities prohibits their construction within one mile of schools, day care facilities, places of worship, cemeteries, or forest preserves. 2~ Trustee Staackmann commented that in six weeks it will be the Fourth of July. He encouraged the assemblage to support the Morton Grove Days Committee by purchasing raffle tickets for their raffle. The grand prize is $5,000, second prize is a 42" TV donated by Abt, and 3`d prize is a $1,000 savings bond donated by MB Financial. Tickets are available for $10 each or 12 for $100. Proceeds will help defray the cost of the Parade. F. Trustee Thill Trustee Thill presented Ordinance 08-16, An Ordinance Amending Title 7 to Add Chapter 10 of the Municipal Code of the Village of Morton Grove Establishing Standards for Erosion and Sediment Control and Grading Within the Village of Morton Grove. This is the second reading of this ordinance. He explained that, to be in compliance with the Village's National Pollutant and Discharge Elimination Permit, it must update its code related to standards for erosion and sediment control and grading for development within the Village. There was no further discussion on Ordinance 08-16. Trustee Thill moved to approve Ordinance 08-16, seconded by Trustee Staackmann. Motion passed: 6 ayes, 0 nays. Tr. Brunner awe Tr. Kogstad ~e Tr. Marcus a~ Tr. Minx a~+e Tr. Staackmann ~e Tr. Thill ale Minutes of Ma 12, 20088oardMeetin '' X. TRUSTEES' REPORTS (continued) Trustee Thill: (continued) 2. Trustee Thill next presented for a first reading Ordinance 08-21, An Ordinance Establishing the Prevailing Rate of Wages for Laborers, Mechanics, and Other Workers in the Village of Morton Grove Employed in Performing Construction of Public Works for the Village. He explained that the Illinois Prevailing Wage Act requires contractors and subcontractors to pay laborers, workers, and mechanics employed on public works projects no less than the general prevailing rate of wages as established by the Village. "Public works' projects, as defined by the Act, mean all fixed works constructed by any public body, or paid for wholly or in part out of public funds. The Act requires that each year, in June, the Village must investigate and ascertain the prevailing rate of wages. XI. XII. XIII. There was no further discussion on Ordinance 08-21. Trustee Thill noted that a river clean-up work day had taken place this past Saturday. He thanked the 50 volunteers who participated, and noted that 43 bags of debris were collected. Also, he asked residents to use less fertilizer on their lawns this year-that will mean Tess fertilizer that ends up in the river. Trustee Thill requested that residents consider mulching their lawn. It not only saves money, but returns important nutrients to the lawn. OTHER BUSINESS Mayor Krier reminded the assemblage that the Memorial Day Parade will take place on Sunday, May 25. It will kick-off at the Civic Center at 1:30 p.m. and end up at the Library. He encouraged all residents to participate or come out and watch the parade. WARRANTS Trustee Minx presented the Warrant Register for May 12, 2008, which totaled $268,232.20. She moved to approve the Warrants as presented, seconded by Trustee Marcus. Trustee Thill noted that there's a line item for a payment of $601.50 for an impounded dog. He wondered if the owner had come forward yet and if the Village had been reimbursed. Administrator Wade said he would research this and let the Board know. Trustee Thill also asked about a $2600 payment for a tree to be removed at 8820 Major. He asked if this was a tree that the Village could have handled. Public Works Director Andy DeMonte said the Village could not have handled it. Mayor Krier called for the vote on the Warrants. Motion passed: 6 ayes, 0 nays. Tr. Brunner a rLe Tr. Kogstad ~e Tr. Marcus Tr. Minx ~e Tr. Staackmann ~ Tr. Thill ~e RESIDENTS' COMMENTS NONE Minutes of Ma 12 2005 Board Meetin' XIV. ADJOURNMENT/EXECUTIVE SESSION There being no further business, Trustee Minx moved to adjourn the meeting. The motion was seconded by Trustee Thill and passed unanimously via voice vote. The meeting adjourned at 8:39 p.m. PASSED this 9th day of June, 2008 Trustee Brunner Trustee Kogstad Trustee Marcus Trustee Minx Trustee Staackmann Trustee Thill APP.ROG(E~D 6~,r m this 9thday of June, 2008. Richard Krier, Village President Board of Trustees, Morton Grove, Illinois APPROVED and FILED in my office this 10th day of June, 2008. L.% ~- Carol A. Fritzshall, Village Clerk Village of Morton Grove Cook County, Illinois Minutes by: Teresa Cousar ~~