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HomeMy WebLinkAbout12-12-2023MINUTES 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 DECEMBER 12, 2023 CALL TO ORDER I. Village President Dan DiMaria convened the Regular Meeting of the Village Board at 7:02 p.m. in the Council Chambers of Village Hall. II. Deputy Village Clerk Saba Koya called the roll. Present were Trustees Saba Khan, Rita Minx, Ashur Shiba, John Thill, Connie Travis, and Janine Witko. Village Clerk Eileen Harford was absent with notice. III. APPROVAL OF MINUTES Mayor DiMaria asked for a motion to approve the Minutes of the November 28, 2023 Village Board Meeting as presented. Trustee Minx so moved, seconded by Trustee Witko. Motion passed unanimously via voice vote. IV. SPECIAL REPORTS NONE V. PUBLIC HEARINGS NONE VI. PLAN COMMISSION REPORTS 1. Plan Commission Case PC 23-16: Request by the Village of Morton Grove for Aperoval of a Text Amendment to the Unified Development Code (Title 12) to Modify and Establish Re;ulations Relating to Short -Term Dwelling Units (i.e., Airbnb's). Community Development Administrator Zoe Heidorn presented this case to the Board. a. Ms. Heidorn said she was presenting that portion of Plan Commission Case 23-16 relating to the regulation of short-term dwelling units. Staff originally presented to the Commission a request for an amendment to Title 12 to clarify the current Village -wide prohibition of such dwelling units. Minutes of December 12, 2023 Board Meeting VI. PLAN COMMISSION REPORTS (continued) b. Ms. Heidorn said, based on lengthy discussions and comments provided at public meetings held on August 15, September 9, October 17, and November 21, the Commission voted on November 21 by a vote of 4-2 to recommend legalization of the use and the adoption of various use standards Controlling the use, which are contained in Ordinance 23-32 to be presented for a first reading tonight by Trustee Witko. Staff maintains its concerns with legalization of the use due to issues of public nuisance and attacks on neighborhood character and limited enforcement capabilities, and does not support the amendment as presented. VII. RESIDENTS' COMMENTS (AGENDA ITEMS ONLY) 1. Steve Yates, 7821 Linder, a resident since 1954, said he and his wife have an air B&B and it's been wonderful. The home sleeps up to seven, and he even provides cribs and playpens. It's great for families coming to visit their families. There have not been any problems. Then he received a letter from the Village telling him it's illegal, and he must stop offering an air B&B or he'll need to pay a fine of $750 per day while it remains open. The Plan Commission's approval includes a stipulation that he could rent out one (1) room to two adults and the owner must be present when the renters are in the house. Mr. Yates said, "That kills us." He said he runs a business out of the basement of the house and now, with this new stipulation, feels he'll have to sell the house. He commented that there was a woman who spoke at one of the Plan Commission meetings and she legitimately had problems with an air B&B in her neighborhood, but, Mr. Yates said, "It was an air B&B flop house. They were renting individual rooms for $35 to $40 a night and getting $35 to $40 a night guests; there was all kinds of trouble." On the other hand, he was charging $225 per night and his guest's "problems" were limited to "can't get the Wi-Fi to work" or "where did you say that crib was?" Mr. Yates said this is a bad situation and he and his wife feel this is not the right thing to do. a. Mayor DiMaria said, "It's a first reading for this Ordinance tonight, so we can hear what residents think about this. Nothing's been passed yet. We will listen to our residents and hopefully come out with a balanced ordinance." VIII. PRESIDENT'S REPORT 1. Mayor DiMaria went to the podium to proclaim the month of December 2023 as "Food Pantry Awareness Month" in the Village. He noted that the Niles Township Food Pantry initially started out in the basement of the Township building at 5255 Lincoln Avenue in Skokie, with a shelf containing some canned goods, "just in case" someone was in need. It then grew to the back room of the Township's building with one full-time employee. In 2009, Niles Township re-established the Food Pantry in their annex building at 8341 Lockwood. a. In 2022, the Food Pantry served around 3,000 separate households (about 8% of total households in Niles Township). Many families rely on the Pantry on a regular basis and even more so during these difficult times. In 2022, the Pantry distributed just under 1.7 million pounds of food where about half of all households in their coverage area use food stamps. 2 Minutes ofDetenbet 12, 2623 Boatd'Meeting VIII. PRESIDENT'S REPORT (continued) b. Mayor DiMaria stated there continues to be a profound demand for emergency food due to multiple factors leading to a challenging economy, and the demand to operate food banks like the Niles Township Food Pantry is more critical than ever. The Pantry is collecting monetary donations this year to purchase holiday gift cards so children from families in need can enjoy the upcoming holidays; in 2022, more than 1,000 children were able to receive a gift because of this drive. The Food Pantry is run and supported by Niles Township Government. Food and other services provided to Food Pantry clients are paid for out of the Niles Township Food Pantry Foundation, a 501(c)3 charitable corporation. c. Mayor DiMaria urged all residents to support the efforts of the Niles Township Food Pantry by making a monetary donation to the Food Pantry's holiday drive and by donating whenever possible non-perishable food items. He added that he has never "been a big fan" of township governments, but Niles Township is the exception. d. Mayor DiMaria presented the proclamation to Niles Township Supervisor Bonnie Kahn Ognisanti, Trustee Kitty Kendrick and Administrator Rick Krier. Supervisor Ognisanti thanked the Village from the bottom of her heart for recognizing the work the Township does via this proclamation 2. Mayor DiMaria announced that the Village Board of Trustees will meet on the second and fourth Tuesday of each month at the Richard T. Flickinger Municipal Center. Meetings will begin at 6:OOpm with the first hour reserved for closed "Executive Sessions" if needed. The public portion of the meetings shall begin at 7:00 pm. The 2024 meeting schedule is as follows: January 9 January 23 February 13 February 27 March 12 March 26 April 9 April 23 May 14 May 28 June 11 June 25 July 9 July 23 August 13 August 27 September 10 September 24 October 8 October 22 November 12 November 26 December 11 December 24 (cancelled) 3. Mayor DiMaria asked for a motion to concur with the following Administrative Appointments, effective January 1, 2024 through December 31, 2024: Village Administrator Corporation Counsel Finance Director/Treasurer Fire Chief Chief of Police Director of Public Works Ralph E. Czerwinski Teresa Hoffman Liston Hanna Sullivan Ralph Ensign Michael Simo Michael Lukich 3 Minutes of December 12,2.23 Board Meeting VIII. PRESIDENT'S REPORT (continued) a. Trustee Thill moved to concur with all of the administrative appointments as presented, seconded by Trustee Minx. Motion passed unanimously via voice vote. 4. Mayor DiMaria noted the following people serving on Village Boards or Commissions as Chairperson. Their appointments are effective January 1, 2024 through December 31, 2024. Hope Hornstein, Chairperson Advisory Commission on Aging John Pietron, Chairperson Bill Zimmer, Vice Chairperson Theresa Polyak, Chairperson Mark Fernandez, Chairperson Georgianne Brunner, Chairperson Michael Simkins, Chairperson Chris Kintner, Chairperson Paul Minx, Chairperson Keith White, Chairperson Appearance Commission Community Relations Commission Economic Development Commission Environment & Natural Resources Commission Fire and Police Commission Plan Commission/Zoning Board of Appeals Special Events Commission Traffic Safety Commission 5. Mayor DiMaria provided the following meeting schedule for 2024 Village Boards and Commissions Mayor DiMaria said this schedule will be posted on the Village's website. 4 TIME DATES LOCATION STAFF LIAISON Advisory Commission on Aging 1:00pm 2"Tuesday of the month Civic Center Tom Friel Appearance Commission 7:00pm 1St Tuesday of the month Council Chambers Zoe Heidorn Community Relations Commission 6:30pm 3rd Monday of January, March, May, July, September, November Scanlon Conference Room Terry Liston Economic Development Commission 7:00pm 2"d Monday of the month Scanlon Conference Room Zoe Heidorn Environment & Natural Resources Commission 6:OOpm ft Monday of February, April, June, August, October, December Scanlon Conference Room Terry Liston Fire and Police Commission 1:OOpm 4d' Tuesday of the month Fire Station #4 Mike Simo Ralph Ensign Fire Pension Board Quarterly (varies) Fire Station #4 Hanna Sullivan Plan Commission 7:OOpm 3rd Tuesday of the month Council Chambers Zoe Heidorn Police Pension Board Quarterly (varies) Police Station Hanna Sullivan Special Events Commission 6:OOpm 3rd Monday of February, April, June, August, October, and December Public Works 7840 Nagle Tom Friel Traffic Safety Commission 7:OOpm _December Thursday of the month Council Chambers Chris Tomich Zoning Board of Appeals 7:00 pm 3id Tuesday of the month Council Chambers Zoe Heidorn Mayor DiMaria said this schedule will be posted on the Village's website. 4 Minutes of Dettrnber 12, 2023 Bo r tMeeting VIII. PRESIDENT'S REPORT (continued) 6. Mayor DiMaria noted that these are the 2024 Village Board Liaison Assignments: Mayor DiMaria: Administration Department, Council of Mayors, Northwest Municipal Conference (NWMC), Strategic Plan Trustee Khan: Finance Department, Appearance Commission, Lehigh/Ferris TIF Trustee Minx: Fire Department, Fire Pension Board, Fire & Police Commission, Special Events Commission, RED Center, NIPSTA Trustee Shiba: Building Department, Environment & Natural Resources, Legal Dept., IT Department, Sawmill Station TIF Clerk Harford: Family & Senior Services, Advisory Commission on Aging, Condo Assn. Trustee Thill: Public Works Department, Solid Waste Agency of Northern Cook County (SWANCC), MG -Niles Water Commission, Traffic Safety Commission Trustee Travis: Police Department, Police Pension Board, Fire & Police Commission, Community Relations Commission Trustee Witko: Community & Economic Development Dept., Economic Development Commission; Plan Commission/Zoning Board, Lincoln/Lehigh TIF 7. Mayor DiMaria sought the Board's concurrence with the following appointments to various Commissions: Commission on Aging: Farooq Ahmed MD, Mary Senkowski and Gladys Rogas Community Relations Commission: Theresa Polyak, Chairperson, Igra Azhar, Lisa Khabeer, Laurie Katz, and Katherine YI Environment & Natural Resources Commission: Tariq Puthawala, Jenny Cleary, Volha Liston Plan Commission/Zoning Board of Appeals: Mudassir Hussaini Traffic Safety Commission: Jeff Dahlberg and John Puljic Trustee Minx moved to concur with the above appointments, seconded by Trustee Witko. Motion passed unanimously via voice vote. a. Mayor DiMaria thanked the newly -appointment members of these Commissions, saying, "We value your volunteerism." 8. Mayor DiMaria announced that Santa Claus' visit to Morton Grove was quite successful. He thanked the Public Works volunteers and the Special Events Commission for their hard work in making sure this was a fun event for all. 9. Mayor DiMaria noted that the Morton Grove Police Department's annual Toys for Tots drive ended yesterday. It was very successful. The Police Department will still accept new, unwrapped toys at 6101 Capulina Avenue. 5 Minutes of December 12, 2023 Board Meeting VIII. PRESIDENT'S REPORT (continued) 10. Mayor DiMaria also urged residents to participate in the Morton Grove Fire Department's annual Food and Gift Drive, which goes until December 15. The Firefighters' Association is collecting monetary donations to purchase gift cards, toys, and holiday meals for families in need. Checks should be made payable to Firefighters Association of Morton Grove. People can mail their donation to the address below or drop your check off. Any questions, please contact the MGFD at 847-470-5226. Morton Grove Fire Station 4 Attention: Food Drive 6250 Lincoln Avenue Morton Grove, IL 60053 11. Mayor DiMaria also encouraged people to donate to the Niles Township Food Pantry's holiday gift card drive. Donations will help purchase gift cards so children can get a gift at Christmas time. 12. Mayor DiMaria finished his report by saying, "Whatever holiday you celebrate at this time of year, let's all pray for peace on earth," and wished all very happy holidays from him and his family. IX. CLERK'S REPORT In the absence of Clerk Harford, Deputy Clerk Koya had no formal report this evening. X. A. Villa:e Administrator: STAFF REPORTS 1. Village Administrator Czerwinski reminded everyone that the Board Meeting scheduled for December 26, 2023 is cancelled. 2. Mr. Czerwinski noted the official holidays for 2024 at which time Village Hall will be closed: New Year's Day Memorial Day Fourth of July Labor Day Thanksgiving Day Day After Thanksgiving Christmas Day Monday, January 1 Monday, May 27 Thursday, July 4 Monday, September 2 Thursday, November 28 Friday, November 29 Wednesday, December 25 6 Minutes tot Dectitibet12,2O23 Ntsrd Meeting X. A. Villa .e Administrator: (continued) STAFF REPORTS (continued) 3. Mr. Czerwinski said the Village will offer "holiday lights recycling" through February 1, 2024. There will be a bin in the lobby of Village Hall for people to place their non -working or unwanted holiday lights. He emphasized that it should be stringsof lights ONLY—no garland or other adornment. This program is being brought to the Village by the Solid Waste Agency of Northern Cook County (SWANCC) and Elgin Recycling. Mr. Czerwinski said residents should NOT place holiday lights in their home recycling containers. 4. Mr. Czerwinski then presented Ordinance 23-25, Exempting the Village of Morton Grove from the Requirements of the Illinois Paid Leave For All Workers Act. This is the second reading of this Ordinance. a. He explained that this Ordinance will exercise the Village's Home Rule Authority to exempt the Village from the provisions of the Illinois Paid Leave for All Workers Act for its own employees. b. The Village has determined that applying the Act to its own employees on January 1, 2024, will negatively impact its governmental operations and affairs, especially its response to emergencies, and it will place an undue burden on the Village's ability to provide uninterrupted services to its constituents. Paid leave will be provided to Village employees as set forth in the Village Personnel Policy Manual as amended from time to time. In no event shall the Village provide less than one day of paid leave per year to any employee. Trustee Thill moved to adopt Ordinance 23-25, seconded by Trustee Minx. Motion passed: 5 ayes, 1 nay. Tr. Khan aye Tr. Minx aye Tr. Shiba nay Tr. Thill aye Tr. Travis aye Tr. Witko aye B. Corporation Counsel: Corporation Counsel Liston had no formal report this evening. XI. TRUSTEES' REPORTS A. Trustee Khan: Trustee Khan had five ordinances to present this evening ;all of them are second readings. 7 Minutes of December 12, .23 Board Meeting XI. TRUSTEES' REPORTS (continued) A. Trustee Khan: (continued) 1. Ordinance 23-26, Authorizing the Transfer of Funds from the Lehigh Avenue/Ferris Avenue Tax Increment Financing District to the Lincoln/Lehigh Tax Increment Financing District Within the Village of Morton Grove, Cook County, Illinois. This is the second reading of this Ordinance. a. The Tax Increment Allocation Redevelopment Act allows the Village to transfer funds from one TIF District to a contiguous TIF District. This Ordinance will authorize the transfer of $2,788,000 from the Lehigh/Ferris TIF to the Lincoln/Lehigh TIF. The funds will be used to further redevelopment projects within the TIF that receives the transferred funds. Trustee Khan moved to adopt Ordinance 23-26, seconded by Trustee Travis. Motion passed: 6 ayes, 0 nays. Tr. Khan ly± Tr. Minx ly& Tr. Shiba aye Tr. Thill aye Tr. Travis aye Tr. Witko aye 2. Ordinance 23-27, Amending Title 1 Chapter 11 and Title 1 Chapter 1 Section 9 of the Municipal Code of the Village of Morton Grove to Update the Village Fee Schedule and Establish a Process to Permit Encroachments in the Public Right of Way. This is the second reading of this Ordinance. a. In June of 2020, pursuant to Ordinance 20-12, the Village Board amended Title 1 of the Village Code to add a new Chapter 11 entitled "Fees." The intent of the Ordinance was to provide a comprehensive fee schedule for various licenses, permits, and services authorized by the Code set forth in one location of the Village Code, so fees can easily be referenced by the public and annually reviewed by Village staff as part of the annual budget process. At the direction of the Village President and Village Board, Village staff has reviewed Title 1, Chapter 11 of the Code to ensure such fees are consistent with fees assessed by State statutes and other municipalities for similar services, and which reflect the costs for the Village to administer the services related to said fees. b. This Ordinance increases the Village's water and sewer rates by 3.0%, the Solid Waste collection fee by 5%, and increases numerous other fees as set forth in the Ordinance. This Ordinance also amends Title 7, Chapter 1, Section 9 to authorize encroachment in the public right of way pursuant to a written agreement with the Village and the payment of a permit fee. Trustee Khan moved to adopt Ordinance 23-27, seconded by Trustee Minx. 8 • Minutes of becember 12, 2023 Beard Meeting XI. A. Trustee Khan: (continued) Upon the vote, the motion passed: 6 ayes, 0 nays. TRUSTEES' REPORTS (continued) Tr. Khan aye Tr. Minx aye Tr. Shiba aye Tr. Thill ave Tr. Travis An Tr. Witko ave 3. Ordinance 23-28, Amending Title 1, Chapter 4 of the Municipal Code of the Village of Morton Grove. This is the second reading of this Ordinance. a. This Ordinance approves a Text Amendment to Title 1, Chapter 4 of the Morton Grove Municipal Code to update the fine schedule and other penalties for violation of the Municipal Code. b. Monetary penalties assessed against minors (18 years and under) are often paid by the offender's parents or guardians, and do not always deter the offender from committing future violations. This Ordinance will give the court or adjudication hearing officer the option to require additional or alternative actions including community service, participation in treatment for mental health, substance use and other appropriate activities. The intent of these alternate remedies is to avert health or substance abuse related issues to support systems and resources they may not otherwise receive. This Ordinance will amend Title 1, Chapter 4, Section 1 to give the court or the adjudication hearing officer the option to require additional or alternative actions to fines, including community service, participation in treatment for mental health, substance use, and other appropriate activities for minors and non -minors in appropriate circumstances. Trustee Khan moved to adopt Ordinance 23-28, seconded by Trustee Travis. Motion passed: 6 ayes, 0 nays. Tr. Khan aye Tr. Minx aye Tr. Shiba aye Tr. Thill aye Tr. Travis aye Tr. Witko aye 4. Ordinance 23-29, Amending Title 1, Chapter 10J, "Local Motor Fuel Tax" and Title 1, Chapter 10K, "Prepared Food and Beverage Tax, and Title 1, Chapter 10P, "Local Packaged Liquor Tax" of the Municipal Code of the Village of Morton Grove. This is the second reading of this Ordinance. a. The Village currently imposes a Local Motor Fuel Tax of four cents ($0.04) per gallon of gas, a Municipal Prepared Food and Beverage Tax of one percent (1%) of the purchase price of prepared food and alcoholic liquor, and a Local Packaged Liquor Tax of one percent (1%) of the purchase price of packaged liquor within the Village. 9 Minutes of December 12, 4123 Board Meeting XI. A. Trustee Khan: (continued) TRUSTEES' REPORTS (continued) b. These taxes are paid by residents and non-residents of the Village and have diversified the Village's revenue base and reduced its dependency on property taxes. c. Due to recent inflationary pressures and rising pension and health insurance costs, additional revenue is needed to balance the 2024 Village Budget. To partially offset the shortfall, the Village Administrator has recommended increases in the Local Motor Fuel Tax, the Municipal Prepared Food and Beverage Tax, and the Local Packaged Liquor Tax. d. Increasing the Local Fuel Tax rate by an additional penny per gallon will generate an additional $100,000 in revenue; increasing the Prepared Food and Beverage Tax rate by an additional 1% (except for purchases through catering facilities) will generate an additional $600,000 in revenue; and increasing the Local Packaged Liquor Tax by an additional 1% will generate an extra $30,000 in revenue. This Ordinance will increase these local taxes effective January 1, 2024 and are expected to raise an additional $730,000 per year to support Village operations. Trustee Khan moved, seconded by Trustee Thill, to adopt Ordinance 23-29. Motion passed: 6 ayes, 0 nays. Tr. Khan aye Tr. Minx aye Tr. Shiba ave Tr. Thill aye Tr. Travis aye Tr. Witko 5. Ordinance 23-30, Amending Title 10 Entitled "Building and Construction Regulations," Chapter 10 Entitled "Sign Regulations" of the Municipal Code of the Village of Morton Grove. This is the second reading of this Ordinance. a. Staff continuously reviews the signage regulations established in Chapter 10-10 of the Municipal Code to ensure they are kept current and address emerging issues. As the Village seeks to reduce visual clutter along its commercial and industrial corridors, staff is recommending certain modifications to Chapter 10-10 to improve the Village's control of certain signage types and to simplify regulations to enhance enforcement efforts. The proposed amendment was designed to achieve the following: • Exempt all window signage from permitting and simplify dimensional requirements for easier enforcement • Address and control the proliferation of graphic vinyl or similar window coverings • Address and control solid -color window screening appliques, especially for public and first responder safety • Prohibit series LED lighting (rope lighting) and neon tubing used to accentuate window, buildings, and signage • Prohibit new box signs • Establish regulations for drive-through establishment signage • Simplify temporary signage regulations and reduce maximum periods of installation. 10 Minutes of December 12, 2023 Board Meeting XI. TRUSTEES' REPORTS (continued) A. Trustee Khan: (continued) b. At the request of Village staff, the Appearance Commission reviewed the proposed amendment at their regularly scheduled meeting on November 7, 2023, and voted unanimously to recommend approval of the amendment as presented. If approved by the Village Board, staff will notify commercial and industrial property owners of the modified sign regulations by mail and will provide direct guidance as needed. Trustee Khan moved to adopt Ordinance 23-30, seconded by Trustee Minx. Motion passed: 6 ayes, 0 nays. Tr. Khan ly1 Tr. Minx aye Tr. Shiba aye Tr. Thill aye Tr. Travis ky± Tr. Witko aye B. Trustee Minx: Trustee Minx had no formal report, but extended her wishes for happy holidays to residents and Village staff. C. Trustee Shiba: 1. Trustee Shiba presented Resolution 23-52, Authorizing a Contractual Agreement With Dell, Inc. to Provide for the Renewal of a Microsoft Enterprise Agreement for Microsoft Software Licensing for Operating and Productivity Software for Village Staff and Users. a. He explained that the Village is required to maintain licensing for the software it uses in daily operations. The operating system, individual applications, cloud services, and connectivity to servers all maintain their own licensing scheme. The Enterprise Agreement licensing structure and software maintenance structure were originally established in 2008. The use of an Enterprise Agreement structure has advantages over individual purchases, including lower platform costs, distributed payments, anniversary period renewals, and software upgrade assurances. The pricing and licensing structure for 2024 was competitively reviewed to ensure the fiscal responsibility of this agreement, and the IT Department Manager has recommended the Village renew its contract with the Dell, Inc. of Round Rock, Texas, a large account reseller of Microsoft software products, that maintains the current pre -negotiated State of Illinois reseller master blanket purchase order for Microsoft Enterprise Agreement licensing. The Enterprise Agreement renewal includes an annual maintenance fee for updates and upgrades (Microsoft Software Assurance) and license costs. The license pricing is held stable for three (3) annual renewal periods if there are no adjustments to license quantity. The 2024 renewal if the first renewal period of the 3 stable pricing periods through the State of Illinois contract. 11 Minutes of December 12, 2123 Board Meeting XI. TRUSTEES' REPORTS (continued) C. Trustee Shiba: (continued) b. Trustee Shiba said this payment covers the license and maintenance period of January 1, 2024 through December 31, 2024, and the resolution is prepared before the expiration date for business continuity. The fiscal impact of this Resolution is $63,249.05, which is the cost for 2024 licensing and software maintenance. Trustee Shiba moved to approve Resolution 23-52, seconded by Trustee Witko. Motion passed: 6 ayes, 0 nays. Tr. Khan 01 Tr. Minx aye Tr. Shiba aye Tr. Thill aye Tr. Travis aye Tr. Witko gee 2. Trustee Shiba wished everyone a happy holiday season and cautioned all not to drink and drive. D. Trustee Thill: Trustee Thill presented five (5) Resolutions this evening: 1. Resolution 23-53, Authorizing an Agreement with the Forest Preserve District of Cook County for the Albert -Davis Water Main Improvement Project. a. The Public Works Department developed a project to replace a deteriorated water main crossing the river on property owned by the Forest Preserve District of Cook County. The Forest Preserve District issues a license for these types of improvements. The license agreement is for a 10 -year term with a renewal option for a fee estimated to be $40,000 that would be due in 2033 based on the County's current fee policy. This Resolution will authorize negotiation of the final version of the license, execution of the license, and payment of fees associated with the license. The financial impact of this contract is $188,055.90. Trustee Thill moved, seconded by Trustee Witko, to approve Resolution 23-53. Motion passed: 6 ayes, 0 nays. Tr. Khan ave Tr. Minx ave Tr. Shiba 01 Tr. Thill aye Tr. Travis ly& Tr. Witko 2. Resolution 23-54, Authorizing a Contract With Swallow Construction Corporation for the Albert - Davis Water Main Improvement Project. 12 Minutes of December 12, 2023 Board Meeting XI. D. Trustee Thiel: (.continued) TRUSTEES' REPORTS (continued) a. The Public Works Department developed a project to replace a deteriorated water main crossing the river within the forest preserve. This important water main is roughly aligned with Albert Avenue to the west and Davis Avenue to the east. Bids were solicited on the Village's website for eighteen (18) business days. Thirty-two entities downloaded contract documents and eight bids were received and opened on November 30, 2023. Swallow Construction Corporation submitted the lowest bid and is qualified to perform this work. This contract conforms to the purchasing requirements of the Village, and must conform to the requirements of the Prevailing Wage Act. The fiscal impact of this Resolution is $745,796.50 for the contract, plus up to $74,579 (10% of the contract. b. Trustee Thiel pointed out that this Resolution is not being funded from the Village's General Fund, but rather by one of its Enterprise Fund accounts. He then moved to approve Resolution 23-54, seconded by Trustee Witko. Motion passed: 6 ayes, 0 nays. Tr. Khan aye Tr. Minx aye Tr. Shiba aye Tr. ThiII aye Tr. Travis aye Tr. Witko ave 3. Resolution 23-55, Authorizing the Execution of a Task Order with Ciorba Group, Inc. For Construction Engineering Services for the Albert -Davis Water Main Improvements Project. a. Resolution 22-01, approved in January of 2022, authorized execution of a task order contract with Ciorba Group, Inc. for professional engineering services. Resolution 23-54 authorizes execution of a construction contract for the Albert -Davis Water Main Improvements Project. The construction engineering for this contract exceeds the expertise and capacity of the Public Works Department. Village staff has negotiated a scope of services with Ciorba Group, Inc. in the amount of $90,061 to perform the construction engineering services for the contract. The fiscal impact of this Resolution is $90,061. Trustee Thiel moved, seconded by Trustee Travis, to approve Resolution 23-55. Motion passed: 6 ayes, 0 nays. Tr. Khan ave Tr. Minx ave Tr. Shiba aye Tr. Thiel aye Tr. Travis aye Tr. Witko aye 4. Resolution 23-56, Authorizing the Sale of Surplus Public Works Vehicles. a. Pursuant to the Public Works Department's annual review of all Village vehicles, the Direct of Pub- lic Work has determined the Village's 1988 Ford L8000 and 1998 Ford L8000 dump trucks are 13 Minutes of December 12, .123 Board Meeting XI. TRUSTEES' REPORTS (continued) D. Trustee Thill: {continued} no longer useful for a variety of reasons, including, but not limited to age, cost of maintenance, availability of parts, and obsolescence, and are deemed to be surplus vehicles. The Village Administrator and Finance Director concur with this determination. b. The Village has sold surplus vehicles through the Northwest Municipal Conference's joint municipal surplus vehicle auctions in the past and has found this process to be a cost-efficient way to sell surplus vehicles. The Village Administrator has recommended that the two dump trucks be sold at the joint municipal auction of surplus vehicles conducted the Northwest Municipal Conference in conjunction with America's Auto Auction Chicago, which is scheduled to take place in Crestwood, Illinois on January 9, 2024. This Resolution will approve the sale of these surplus vehicles at the joint municipal auction organized by the Northwest Municipal Conference. Trustee Thill moved to approve Resolution 23-56, seconded by Trustee Travis. Motion passed: 6 ayes, 0 nays. Tr. Khan aye Tr. Minx aye Tr. Shiba aye Tr. Thill ave Tr. Travis aye Tr. Witko aye 5. Resolution 23-57, Authorizing the Acceptance of a Material Proposal From Compass Minerals America Inc. for the 2024 Road Rock Salt Purchasing Program. a. The Village has an annual program to purchase road rock salt for the winter snow season. The rock salt is used to keep Village streets safe during the winter snow and ice season. The purchasing of this material is paid for using the Motor Fuel Tax Fund. The use of this Fund is administratively controlled by the State of Illinois. It requires bidding procedures and contract documents for these amounts conforming to the State Municipal Code and Illinois Department of Transportation requirements. The contract was advertised and two sealed bids were received. The lowest bidder was Compass Minerals Road Rock Sale. The Village included language in the contract documents that give it an option to purchase as little as forty percent or as much as one hundred and twenty percent of the thirty-five hundred tons. The bid amount is based upon unit pricing proposed by the supplier for the number of units the Village determines to be in its best interests. This Resolution will approve a contract with Compass Minerals America Inc. for the 2024 Road Rock Salt Purchasing Program in an amount not to exceed $320,000. Trustee Thill moved to approve Resolution 23-57, seconded by Trustee Minx. Motion passed: 6 ayes, 0 nays. Tr. Khan aye Tr. Minx aye Tr. Shiba aye Tr. Thill aye Tr. Travis Tr. Witko aye 14 Minutes of December 12, 2023 Board Meeting XI. TRUSTEES' REPORTS (continued) D. Trustee Thill: (continued) 6. Trustee Thill thanked Public Works for this year's leaf collection program. He also pointed out to residents that holiday gift wrap is recyclable—unless it's foil or has glitter on it. Cardboard boxes should be cut into 4x4 pieces. For more information, visit the Solid Waste Agency of Northern Cook County (SWANCC)'s website. Trustee Thill wished everyone a good holiday season. E. Trustee Travis: Trustee Travis had no formal report, but wished everyone a happy and safe holiday. F. Trustee Witko: 1. Trustee Witko presented Ordinance 23-31, Approving and Authorizing the Execution of an Economic Incentive and Tax Increment Allocation Financing Development Agreement By and Between the Village of Morton Grove, IL, MHDC SLF LLC., and Metropolitan Housing Development Corporation, in Regard to Certain Real Property Located in the Lincoln/Lehigh Tax Increment Redevelopment Area, and the Expenditure of Funds From the Lincoln/Lehigh Tax Increment Financing District Fund. This is the second reading of this Ordinance. a. Trustee Witko explained that, earlier this year, in February of 2023, the Village Board approved an economic incentive agreement for the development of a 24 -unit mixed-use development at 8500- 8550 Lehigh Avenue. In addition to the residential units, a coffee shop, microbrewery, private banquet room, and cafe/bar would be located on the property. That agreement was not executed due to the project design and timeline. The developer then proposed a project with 36 residential units (including 9 affordable housing units) and a coffee shop, microbrewery, etc. b. The developer has represented, and the Village has verified, that the Development is not financially feasible and cannot be constructed as proposed without Village assistance. The developer submitted a TIF application demonstrating that financial assistance is necessary for the development to generate a reasonable rate of return. The application was reviewed by Kane McKenna and Associates, who determined that the level of TIF assistance to be provided by the Village is reasonable. The total project cost for the development is estimated to be $14.7 million. The Village's TIF assistance will account for approximately 12.24% of the total development costs. c. The developer and Village staff negotiated an Economic Incentive and Tax Increment Allocation Financing Development Agreement which provides the following: 15 Minutes of December 12, 923 Board Meeting XI. TRUSTEES' REPORTS (continued) F. Trustee Witko: (continued) d. • The Village will sell the Village Property to the owner for $1 million, subject to a note and mortgage for the full purchase price to be held by the Village; • The owner and developer will develop, construct, operate, and maintain the development as approved pursuant to Ordinance 23-34. • Upon completion of the Development, including the 9 affordable housing units, the Village will reimburse the owner and developer for up to $1.8M in TIF -eligible expenses. • Any Illinois Affordable Housing Tax Credits received by the Village relating to the Development shall be donated to the Developer. • The owner's note to the Village shall be forgive at a rate of 75% of the Village's share of state and local sales taxes generated by the Development. Trustee Witko said this Ordinance will approve the Agreement and authorize the expenditure of TIF funds for this project. The fiscal impact of this Ordinance is $1.8 million in TIF assistance, to be reimbursed to the TIF District by project increment. Trustee Witko moved to adopt Ordinance 23-31, seconded by Trustee Thill. Motion passed: 6 ayes, 0 nays. Tr. Khan aye Tr. Minx aye Tr. Shiba aye Tr. Thill aye Tr. Travis ayg Tr. Witko 2. Next, Trustee Witko introduced Ordinance 23-32, Approving a Text Amendment to Modify and Establish Regulations Relating to Short -Term Dwelling Units in Morton Grove, Illinois. a. b. She explained that the Village currently enforces a Village -wide prohibition on short-term dwelling units pursuant to Section 12-17-1, which explicitly excludes tourist homes from the definition of a "dwelling" and Section 12-4-1:E.4., which states that uses not specified in the list for each district classification are not allowed. Currently, the Village's Unified Development Code (Title 12) does not define "tourist homes," does not list the use as a permitted or special use in any zoning district, and does not establish any use standards. Due to an increasing number of short-term dwelling units (e.g., Airbnb and VRBO rentals) in Morton Grove over the past few years, and resident complaints received by staff relating to the unauthorized use, staff made an application under PC 23-16 requesting a text amendment to define "short-term dwelling units" and list the use as a prohibited use in the zoning district matrices to provide greater clarity in the code and support enforcement efforts. c. At public hearings held on August 15, September 9, October 17, and November 21, 2023, the Plan Commission considered the proposed amendments relating to short-term dwelling units. 16 IY4inute9 of December 12, 2023 O6 rd Meeting XI. TRUSTEES' REPORTS (continued) F. Trustee Witko: (continued) d. The Commission also discussed the land use and considered public comment both in support of and against legalization of this use in the Village's commercial and residential zoning districts. At the request of the Plan Commission, staff prepared draft amendments to the Village Code that legalizes this use and establishes use standards, which were considered by the Commission at its November 21, 2023 meeting. The amendments as specifically recommended by the Plan Commission and contained in the draft ordinance: e. f. • Authorize limited short-term dwelling units as a Permitted Use in residential and commercial zoning districts provided the owner resides on the premises, only one bedroom or similar living area is rented, guest numbers are limited, and the use complies with other various conditions. • Authorize short-term dwelling units not meeting the Permitted Use standards as a Special Use in residential and commercial zoning districts. • Establish general requirements relating to compliance certificates, minimum rental periods, parking, notice to neighbors, signage, hosting platform use, code compliance, and insurance. On November 21, 2023, Village staff appeared before the Plan Commission to present the revised Text Amendment Application legalizing short-term dwelling units for the Commission's consideration. Based on the Application, staff report, and testimony presented at the public hearing, the Commission voted 4-2 to recommend approval of the Text Amendment with minor revisions. Trustee Witko said, as this is the first reading of this Ordinance, no action will be taken this evening. She added, as liaison to the Plan Commission, she had attended most of the meetings where this topic was discussed, and wanted to share her thoughts with her fellow Board members as they consider this Ordinance over the next few weeks. g. First, she thanked staff and the Plan Commissioners for their hard work over a number of meetings these last few months, working to try to find some balance between renter opportunities and protection for the Village. However, the fact that it took multiple meetings and edits proves to her that "short-term rental" is not a fit for the Morton Grove community. While licensing rental units would be a new source of revenue for the Village, she felt strongly that any revenue gained would be spent on the cost for staff to monitor compliance, respond to complaints, and in worst cases, police involvement. Even if the Village acts quickly to resolve a complaint, it is still reactionary in nature and means that somebody has already been disturbed, and then it's too late. h. Trustee Witko said personally, she would feel unsettled if a short-term rental was next door to her. Not knowing who her family is sleeping next to on any given day, especially if that changes frequently, would make her uneasy. She said, "We are a community of good neighbors. As our tagline boasts, we consider ourselves 'Incredibly Close."' Allowing this use would, in her opinion, move us away from this ideal. She hoped her colleagues would feel the same. 17 Minutes of December 12, 923 Board Meeting XI. TRUSTEES' REPORTS (continued) F. Trustee Witko: (continued) 3. Lastly, Trustee Witko presented Resolution 23-58, Approving an Economic Incentive and Tax Increment Allocation Financing Development Agreement by and between the Village of Morton Grove, Illinois, and Metro on Main, LLC, in regard to Certain Real Property Located in the Lincoln/Lehigh Redevelopment Area and the Expenditure of Funds From the Lincoln/Lehigh Tax Increment Financing District. a. She explained that, in February of 2023, Lexington Homes LLC became the contract purchaser of a 7.6 acre property commonly known as 8350 Lehigh in Morton Grove (the "Property") and, pursuant to the sales agreement, at closing, will assign the contract to Metro on Main LLC (the "Developer"). The Developer was authorized under Ordinance 23-12 to construct 89 single-family attached dwelling (townhome) units, approximately 205 accessory parking spaces, a storm water detention basin, accessways, and landscaped area on the Property (the "Development"). The Development is expected to cost $48.1 million, and construction is not economically feasible without the Village's assistance. The Developer and Village staff has negotiated an Economic Development Agreement that will provide up to $5,915,762 in direct assistance to the Developer in return for the construction of the Development (the "Agreement"). Under the terms of the Agreement: • The Village will reimburse the Developer for up to $2,250,000 of TIF -eligible costs incurred upon completion of demolition and environmental remediation activities; • The Village will reimburse the Developer for up to $750,000 of TIF -eligible costs incurred upon issuance of certificates of occupancy for 29 townhome units; • The Village will reimburse the Developer for up to $1,000,000 of TIF -eligible costs incurred upon issuance of certificates of occupancy for 59 townhome units; • Upon the issuance of certificates of occupancy for all 89 townhome units, the Village will issue one or more TIF notes in an amount to provide net proceeds of $1,915,762 to the Developer to reimburse the Developer for TIF -eligible costs incurred; and • Prior to issuance of the TIF notes, the Developer will make payment to the Village of 50% of the difference between the projected sales prices and actual sales prices. b. The direct assistance to the Developer represents 12.3% of total project costs. The Development is projected to generate $27.9 million in incremental property tax to the Lincoln/Lehigh TIF District. This Resolution will approve the Agreement. The fiscal impact of this Resolution is: the Developer will receive $4,000,000 in TIF funds from the Lincoln/Lehigh TIF District upon satisfying certain development requirements, and net proceeds of $1,915,762 from the Village's issuance of one or more TIF notes at the completion of construction. Trustee Witko moved to approve Resolution 23-58, seconded by Trustee Travis. 18 Minutesed December 12, 2823 acre elf Meeting • XI. TRUSTEES' REPORTS (continued) F. Trustee Witko: (continued) Upon the vote, the motion passed: 6 ayes, 0 nays. Tr. Khan aye Tr. Minx aye Tr. Shiba l(e Tr. Thiel ave Tr. Travis aye Tr. Witko aye XII. OTHER BUSINESS NONE XIII. WARRANTS Trustee Khan presented the Warrant Register for December 12, 2023 in the amount of $2,993,262.50. She moved to approve the Warrant Register as presented, seconded by Trustee Minx. Motion passed: 6 ayes, 0 nays. Tr. Khan aye Tr. Minx aye Tr. Shiba Tr. Thiel ave Tr. Travis aye Tr. Witko aye XIV. RESIDENTS' COMMENTS 1. Ashfaq Nagori, 7101 Emerson testified that nothing is worthy of worship except for Allah, and that Jesus, Moses, and Mohammed were prophets and messengers for Allah. He said that, for over 75 years, and especially for the last couple of months, we have witnessed very serious wrongs and injustices being committed against the people of Palestine. Over 20,000 innocent men, women, and children have been killed, and tens of thousands more have been injured. Thousands of buildings have been destroyed, including schools, hospitals, churches, mosques, and homes. a. Mr. Nagori said, "Our government is directly complicit and is a State Sponsor of this terrorism against the Palestinian people by continuing to fund the terrorist, Zionist Israeli regime, which continues its genocide and ethnic cleansing against the Palestinian people in the concentration camp of Gaza." He said he was here tonight as a Muslim and a taxpayer to say he's not okay with what our government is doing against the people of Palestine. b. Mr. Nagori said, "We, as American people, need to utilize our resources to help build communities in the world, especially here in the United States, instead of destroying other people and other communities in the world." He encouraged everyone to ask those that have the power in Washington DC to stop funding the terrorism by Israel. He further called upon the Village of Morton Grove to pass a resolution immediately calling for a total cease-fire and the establishment of justice, equality, and peace in the land of Palestine. 19 Minutes of December 12, 21023 Board Meeting XIV. RESIDENTS' COMMENTS (continued) Mayor DiMaria cautioned Mr. Vilk before he spoke that if he was speaking on the same topics as he has done for the last several years, Mayor DiMaria will adjourn the meeting. He said Mr. Vilk was welcome to speak if he had something new to say. 2. Rudolf Vilk wished good health to everyone and their families in the new year. He talked about the unfairness of having to buy a Village sticker for a vehicle he owns but does not use. The balance of his remarks were either inaudible or unintelligible. XV. ADJOURNMENT There being no further business being brought before the Board, Trustee Minx moved to adjourn the meeting, seconded by Trustee Khan. Motion passed unanimously via voice vote. The meeting adjourned at 7:57 p.m. 20 Minutes bf L€CQmbei.12,_2A23 Bard PASSED this 9th day of January, 2024. Trustee Khan Trustee Minx Trustee Shiba Trustee Thill Trustee Travis Trustee Witko F APPROVED by me this 9th day of January, 2024. Daniel P. DiMaria, Village President Board of Trustees, Morton Grove, Illinois APPROVED and FILED in my office this 10th day of January, 2024. • Eileen Harford, Village Clerk Village of Morton Grove, Cook County, Illinois Minutes by Teresa Cousar 21 i 1