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HomeMy WebLinkAbout08-08-2022 MINUTES OF A REGULAR MEETING OF THE PRESIDENT AND THE BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE RICHARD T. FLICKINGER MUNICIPAL CENTER COUNCIL CHAMBERS AUGUST 8, 2022 CALL TO ORDER I. & II. Village President Dan DiMaria convened the Regular Meeting of the Village Board at 7:00 p.m. in the Council Chambers of Village Hall. III. Village Clerk Eileen Harford called the roll. Present were Trustees Bill Grear, Saba Khan, Rita Minx, John Thill, Connie Travis, and Janine Witko. IV. APPROVAL OF MINUTES Trustee Minx moved to accept the Minutes of the July 25, 2022 Village Board meeting as presented, seconded by Trustee Khan. Motion passed unanimously via voice vote. V. SPECIAL REPORTS NONE VI. PUBLIC HEARINGS NONE VII. 1. a. b. PLAN COMMISSION REPORTS Plan Commission Case PC 22-10, Requesting a Special Use Permit to Legalize and Authorize the Renovation of a Nonconforming Mixed-Use Development with Variations to Density, Lot Width, Rear Setback, Number of Structures on a Zoning Lot less than one acre; Transparency Require- ments, and Off-Street Parking. This case was presented by Community Development Administrator Zoe Heidorn. Ms. Heidorn noted this case was being presented tonight for a first reading as Ordinance 22-16. The Applicant, Johnnie Jiron, is present at tonight’s meeting to answer any questions the Board may have. She explained that Case PC 22-10 is a request for a Special Use Permit to authorize the renovation of a nonconforming mixed-use development at 6222 Lincoln and 8503–8509 Fernald Avenues. Minutes of August 8, 2022 Board Meeting 2 VII. c. d. e. f. g. PLAN COMMISSION REPORTS (continued) Ms. Heidorn said, in November of 2020, a fire occurred at the property causing considerable damage to the south building. Because the building permit was not obtained, and reconstruction not initiated within one year of the damage, the property lost all nonconforming protections provided by the Code. The Applicant is proposing to refinish the buildings’ exteriors, add windows along the west elevations, pave the abutting vacant lot, construct five (5) parallel parking spaces (one for each residential unit), install fire suppression systems in both structures, and comply with current building and life safety codes as required by the Village. On August 6, the Appearance Commission recommended approval of the project with conditions, and on August 7, the Traffic Safety Commission also recommended approval. On August 18, the Plan Commission voted to recommend approval with conditions relating to the site design, construction schedule, signage, trash area, and snow removal. Ms. Heidorn said she’d be happy to answer any questions of the Board, as would the Applicant. Trustee Grear clarified that both buildings will be required to be sprinkled. Ms. Heidorn said the Fire Department is requiring that both buildings be sprinkled. Trustee Thill was concerned about parking spaces near the porch, and asked if a steel post could be installed to protect the post holding up the porch. Ms. Heidorn said this was discussed at the Traffic Safety meeting and the Applicant indicated he would be open to installing bollards of some sort to help with that. Trustee Thill said he’s aware that the Applicant wants to be cooperative and stated during various meetings that issues would be taken care of, but Trustee Thill said if it’s not in writing, he wasn’t sure if an issue really would be taken care of. Ms. Heidorn said that the Ordinance itself could be amended. There were no further questions. VIII. 1. RESIDENTS’ COMMENTS (Agenda Items Only) Rudy Vilk had a comment regarding the Presentation of Warrants. He felt the Warrant Register was not very transparent in terms of what the payments are for or what the total amount of the bills are. He claimed the “residents don’t know how you’re spending their money.” Mayor DiMaria responded that, whenever a Resolution is passed, it has a fiscal impact which is stated, posted, and included in the trustee’s report and in the Minutes. He felt the Village was very transparent. Anyone not computer literate or who may have a question regarding an item on the Warrant Register should feel free to talk with Village Administrator Czerwinski or Finance Director Sullivan. He said the Village takes a lot of pride in its transparency. Minutes of August 8, 2022 Board Meeting 3 IX. PRESIDENT’S REPORT Mayor DiMaria had no formal report this evening. X. CLERK’S REPORT Clerk Harford had no formal report this evening. XI. A. STAFF REPORTS Village Administrator: Mr. Czerwinski had no formal report this evening. B. Corporation Counsel: Corporation Counsel Liston had no formal report this evening. XII. A. TRUSTEES’ REPORTS Trustee Grear: Trustee Grear had no formal report this evening B. 1. a. Trustee Khan: Trustee Khan had two ordinances this evening being presented for a second reading, and one ordinance for a first reading. The latter Ordinance is for the Plan Commission Case PC-10 that had just been reported out by Community Development Administrator Zoe Heidorn. Ordinance 22-13, An Ordinance Approving a Zoning Map Amendment to Rezone the Property Commonly Known as 8350 Lehigh Avenue in Morton Grove, IL From M-2 General Manufacturing to C/R Commercial/Residential. (Second Reading) Trustee Khan explained this Ordinance would approve a Map Amendment to rezone the property at 8350 Lehigh Avenue from M-2 General Manufacturing to C/R Commercial/Residential to allow for an 89-unit townhome development. The vacant subject property is currently improved with a 95,000 square foot industrial structure and has remained vacant for several years due to its functional obsolescence for modern industrial uses. Minutes of August 8, 2022 Board Meeting 4 XII. B. b. c. d. e. f. g. TRUSTEES’ REPORTS (continued) Trustee Khan: (continued) Trustee Khan said the subject property contains at least 0.75 acres of land area and as over 330 feet of public right-of-way frontage, meeting two of the three minimum criteria for an authorized Map Amendment as set forth in Section 12-16-4 of the Unified Development Code. On June 20, the Applicant appeared before the Plan Commission to present the request for approval of the Application. Based on the Application, supporting staff report, and testimony presented at the public hearing, the Plan Commission voted unanimously (5-0, with two absent) to recommend approval of the Map Amendment, with conditions relating to the area of rezoning and approval of Plan Commission Case PC 22-09. Trustee Khan moved, seconded by Trustee Grear, to adopt Ordinance 22-13. Trustee Thill had a question for the developer. He asked if there would be any chance of saving the oak trees at the south end of the property, and if not, why not. Mark McLaughlin, the developer from M/I Homes, responded, “No. Between the demolition of the site, the environ- mental remediation of the soil, and the location of those trees, they have to go.” Trustee Thill said, looking at the site plan, it appears that all the remediation that needs to be done is on the north and northeast part of the property, but not on the south end where the trees are. Mr. McLaughlin said there is significant remediation that needs to be done south of the existing entrance and on the entire site in order for an NFR (No Further Remediation) letter to be issued so that people can live there. Trustee Thill noted that the developer has requested and will be given financial support from the Village; they have asked for a number of variations from the Village’s Code to which the Board has also agreed. He felt at some point the Village should be able to negotiate a concession from the developer in return. Trustee Thill said he had measured the circumference of one of the oaks and found it to be 12.5 feet around. He calculated its age and, just to be sure his calculations were correct, called Morton Arboretum and asked them to calculate the tree’s age. Both his own and Morton Arboretum estimated the tree’s age at 190 years old. It was here before the Indians were! Mr. McLaughlin said he’s not disputing the history of the tree, adding that he cannot negotiate on this point because an NFR is required by the Illinois Environmental Protection Agency; the entire site must be remediated to a residential standard. That means a higher standard that remediating the site to an industrial or a commercial standard. Mr. McLaughlin said he needs to be able to provide an unencumbered title to each of his home owners. Trustee Thill said he’s not trying to shoot down this project, but he felt he wanted to table this Ordinance and Ordinance 22-14 to the next meeting. This would give the trustees time to go look at those trees. He thought he was the only one so far who had done so. It would also give the community more time to express their opinion. Mayor DiMaria asked him if he was going to make a motion. Trustee Thill moved to table Ordinances 22-13 and 22-14 from tonight’s Agenda until the next Board meeting on August 22, 2022. The motion died for lack of a second. Minutes of August 8, 2022 Board Meeting 5 XII. B. h. i. k. 2. TRUSTEES’ REPORTS (continued) Trustee Khan: (continued) Trustee Minx asked Mr. McLaughlin to expound on why he must remediation across the entire property. He said it was requirement of the IEPA that property has to be remediated to a residential standard if people are going to live on it. Not even a little bit of contaminated soil is to remain. She asked how he knew it was contaminated. He said they had done extensive Phase 1 and Phase 2 reports on this matter, commenting they’ve spent more money on their environmental investigation than they have on their engineering. Julie Workman, also of M/I Homes, said there are different standards when remediating for residents. If it was a commercial or industrial project, you wouldn’t have to go down as deep in the soil as you do for residential standards. She added that some of the contaminants include asbestos, arsenic, and other noxious chemicals. Ms. Workman said it breaks her heart about the trees, but they have to removed, depending on exactly where, between 3.5 feet and 8 feet deep of soil. They will put new soil in its place plus a concrete foundation to prevent any type of leftover vapors or fumes from escaping. Trustee Minx summarized that by digging out the soil from these depths, adding a concrete foundation and new soil, will remediate the site to the point where the IEPA will issue a clear title to it. Ms. Workman said, yes, because it will be remediated to a residential standard. When the individual homeowners or the homeowners’ association takes title to their lots, or outlots, they will have unencumbered titles. Trustee Thill asked about the detention basin; he wondered if it would permanently hold water or just during storms. Mr. McLaughlin said just during storms. Trustee Thill noted that the plan was to have 2-feet of clay/soil and then have native plants in and around the basin. Mr. McLaughlin agreed. Trustee Thill said he has been working with native plants in the Linne Woods for 19 years and said that native plants put down deep roots. They won’t be able to do that with the clay, and they’ll end up dying. He suggested keeping it as a grassy basin because it would be a lot to easier and cheaper to maintain, plus it could be used in winter for snow storage and at other times of the year for a children’s play area. Trustee Thill said it was just a suggestion. There being no further comments or questions, Mayor DiMaria called for the vote on Ordinance 22-13. Motion passed: 5 ayes, 1 nay. Tr. Grear aye Tr. Khan aye Tr. Minx aye Tr. Thill nay Tr. Travis aye Tr. Witko aye Ordinance 22-14, Approving a Preliminary and Final Plat of Subdivision and a Planned Unit Development Special Use Permit for an Eighty-Nine Unit Townhome Development on Property Commonly Known as 8350 Lehigh Avenue in Morton Grove, IL. (Second Reading) Minutes of August 8, 2022 Board Meeting 6 XII. B. a. b. c. d. 3. a. TRUSTEES’ REPORTS (continued) Trustee Khan: (continued) Trustee Khan said this Ordinance will approve a Preliminary Plat of Subdivision, a Final Plat of Subdivision, and a Planned Unit Development Special Use Permit for an Eighty-Nine Unit Townhome Development on Property Commonly Known as 8350 Lehigh Avenue, Morton Grove. She said the proposed development meets the minimum requirements for density, setback, building height, and impermeable lot coverage set forth in Section 12-5-7 of the Unified Development Code. With 220 proposed parking spaces for resident and guest use, the development exceeds the minimum off-street parking requirement of 176 spaces set forth in Section 12-7-3; with a 10% parking reduction provided by Section 12-5-7 for transit-oriented developments within a quarter mile of the Metra station. The Applicant is requesting one waiver to Section 12-5-7 for the location of the surface parking area relative to buildings. Trustee Khan said, on June 2, 2022, the Traffic Safety Commission reviewed the Application and unanimously voted to recommend approval of the proposed development. On June 6, the Appearance Commission reviewed the case and unanimously voted to issue an Appearance Certificate and recommend approval of the proposed development, with conditions. On June 22, the Applicant appeared before the Plan Commission, and, based on the Application, supporting staff report, and testimony presented at the Public Hearing, the Plan Commission voted unanimously (with two absent) to recommend approval of the Application, with conditions relating to the approval of Case PC 22-08 and various development controls. Trustee Khan moved, seconded by Trustee Minx, to adopt Ordinance 22-14. Trustee Grear thanked the developer for going through this process. He said there are many unsold properties in the Village, and part of the reason for that is that many prospective buyers don’t want to spend their time or money on remediation. He said he, too, feels the pain of removing those historic oak trees, but the fact is, the property has been vacant for quite a number of years. He said this has not been an “easy” property and he thanked and welcomed M/I Homes again. Mayor DiMaria called for the vote on Ordinance 22-14. Motion passed: 6 ayes, 0 nays. Tr. Grear aye Tr. Khan aye Tr. Minx aye Tr. Thill aye Tr. Travis aye Tr. Witko aye Trustee Khan then introduced for a first reading Ordinance 22-16, Approving a Special Use Permit for a Mixed-Use Development on Property Commonly Known as 6222 Lincoln Avenue and 8503–8509 Fernald Avenue in Morton Grove, IL. This Ordinance is per PC Case 22-10, reported out by Ms. Heidorn earlier this evening. Trustee Khan said, as this is the first reading of this Ordinance, no action will be taken tonight. Minutes of August 8, 2022 Board Meeting 7 XII. C. TRUSTEES’ REPORTS (continued) Trustee Minx: Trustee Minx had no formal report this evening. D. Trustee Thill: Trustee Thill had no formal report this evening, but commented, “This is what it’s all about. We don’t all agree with each other the Board, despite what people think. I tried; I failed; but I can sleep at night.” He thanked his fellow Board members and the assemblage for their patience. E. Trustee Travis: Trustee Travis that the Police Department had hosted its 7th Annual National Night Out on Tuesday, August 2, from 5:30 to 8:30 p.m. The event was a great success, with estimates of over 2,000 attendees. Children were able to enjoy pony rides, a climbing wall, caricatures, face painting, a bouncy house, and “touch a truck.” Everyone enjoyed delicious tacos, hot dogs, ice cream, kona ice, and the sound of a great band! She thanked the “incredible” MG Police Department for making it happen, and Public Works, the MG Fire Department, and the Park District for contributing to the success of the event. F. 1. a. b. Trustee Witko: Trustee Witko presented Resolution 22-33, Authorizing a Contract Extension with Hayes Mechanical, LLC for the HVAC Maintenance Program. Trustee Witko explained this Resolution will authorize the Village Administrator to approve a one-year extension for 2022 to 2023, and, if circumstances so warrant, an additional one-year extension for 2023 to 2024 for the contract with Hayes Mechanical, LLC for the HVAC Maintenance Program to service HVAC equipment at 6101 Capulina Avenue (Village Hall and the Police Department), 8954 Shermer Avenue (Fire Station), 6250 Lincoln Avenue (Fire Station) 7830 Nagle Avenue and 7840 Nagle Avenue (Public Works), 6140 Dempster Street (Civic Center), and 8300 Lehigh. Trustee Witko said, in 2021, Resolution 21-47 was approved to authorize a contract with Hayes Mechanical, LLC for HVAC Maintenance services for a three-year term (one year plus two optional renewal periods) beginning in September 2021. Hayes Mechanical LLC has performed the work satisfactorily and has agreed to extend the existing terms for these services from September 1, 2022 to August 31, 2023. This Resolution approves the extension from 2022 to 2023 and allows the Village Administrator to approve an additional one-year extension, if warranted. Minutes of August 8, 2022 Board Meeting 8 XII. F. c. TRUSTEES’ REPORTS (continued) Trustee Witko: (continued) Trustee Witko noted that this contract must conform to the requirements of the Prevailing Wage Act, and the fiscal impact of this Resolution is $27,512. Trustee Witko moved to approve Resolution 22-33, seconded by Trustee Travis. Motion passed: 6 ayes, 0 nays. Tr. Grear aye Tr. Khan aye Tr. Minx aye Tr. Thill aye Tr. Travis aye Tr. Witko aye XIII. OTHER BUSINESS NONE XIV. WARRANTS Trustee Grear presented the Warrant Register for August 8, 2022 in the amount of $538,878.81. He moved to approve this evening’s Warrant Register as presented, seconded by Trustee Thill. Motion passed: 6 ayes, 0 nays. Tr. Grear aye Tr. Khan aye Tr. Minx aye Tr. Thill aye Tr. Travis aye Tr. Witko aye Trustee Grear noted that there is quite a bit of information included on the Warrant Register. XV. 1. RESIDENTS’ COMMENTS Jim Accurso from the U.S. Small Business Administration, Office of Disaster Assistance, said he was here tonight at the request of Governor Pritzker, following the mass shooting incident in Highland Park on July 4. He is here to offer small business recovery loans/economic injury recovery loans to any businesses in Morton Grove or in any of the collar counties, if they were disadvantaged as a result of the shooting. The loans are available to anyone in a walk-in site in Highland Park through the end of this week, or on the website until April 25, 2023. These loans are for folks who, for example, were unable to make their payroll because of closing their small business for a few days due to the shooting. Mayor DiMaria thanked Jim for coming out this evening. Minutes of August 8, 2022 Board Meeting 9 XV. 2. a. b. RESIDENTS’ COMMENTS (continued) Rudy Vilk said he wanted to know why he was told he couldn’t joke at Village Hall, and wondered if that applied only to him or to the Mayor and members of the Board as well. He felt this was a violation of his right to free speech. He also wanted to know who it was who was crying because of the joke he told. Mr. Vilk said he never intended to give anyone a hard time; rather, he jokes around to make people laugh. Mr. Vilk said he felt that the Board and Village Administrator don’t adhere to the part of the Pledge of Allegiance which states “liberty and justice for all.” He does not feel he’s been or is being treated justly. Regarding Village events, he felt everything should be listed somewhere and the list should be available at Village Hall for anyone to pick up. He said, “when you go into a restaurant, they hand you a menu—they don’t make you go to the internet to order your meal.” Mr. Vilk went over his allotted time and Mayor DiMaria asked for a motion to adjourn the meeting. XVI. ADJOURNMENT Trustee Witko moved to adjourn the meeting, seconded by Trustee Minx. Motion passed unanimously via voice vote. The meeting adjourned at 7:36 p.m.