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HomeMy WebLinkAbout2011-07-11 AgendaVILLAGE OF MORTON GROVE MEETING OF THE BOARD OF TRUSTEES TO BE HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER July 11, 2011 7:00 pm Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Approval of Minutes — Regular Meeting of June 27, 2011 5. Special Reports a. Government Finance Officers Association Certificate of Achievement for Excellence in Financial Reporting to be Presented to the Finance Department b. Plan Commission Case PC1 1 -04 Requesting a Special Use Permit for Outside Sales at the Address Commonly Known as 7220 Dempster will be Presented by Plan Commission Chairperson Ron Farkas C. Plan Commission Case PC11 -05 Requesting a Special Use Permit for an Adult Day Care at the Address Commonly Known as 6027 Dempster will be Presented by Plan Commission Chairperson Ron Farkas d. Plan Commission Case PC I 1 -06 Requests a Text Amendment to the Unified Development Code Regarding Public Notice Signs will be Presented by Plan Commission Chairperson Ron Farkas 6. Public Hearings 7. Residents' Comments (agenda items only) 8. President's Report — Administration, Northwest Municipal Conference, Council gfMayors, TIF Committee, Capital Projects, Real Estate Committee 9. Clerk's Report— Legal, Cable and Telecommunications Commission 10. Staff Reports a. Village Administrator l) Announcement of the Dempster Street Redevelopment Ideas Workshop, to be held at 7:00 pm, on July 13, 2011, at the American Legion Memorial Civic Center, 6140 Dempster 2) Announcement of a Rabies Vaccination and Microchip Identification Clinic for Pets, to be held from 10:00 am to 2:45 pin on Wednesday, July 27, 2011, at the American Legion Memorial Civic Center, 6140 Dempster 3) Staff report regarding the fee analysis of the Lehigh Avenue Commuter Parking Lot 4) Miscellaneous Reports and Updates Corporation Counsel 11. Reports by Trustees a. Trustee DiMaria — Fire Department, Emergency Management Agency, RED Center, NIRW A, Police and Fire Commission (Trustee Grear) b. Trustee Gomberg - - Police Department, Environmental Health, Police and Fire Commission, IT Communications (Trustee Marcus) Trustee Grear — Community and Economic Development Department, Chamber of Commerce, Waukegan Road TIT Review, Lehigh /Ferris TIF Review, Dempster Street Corridor Plan, Real Estate Committee, Comprehensive Plan, Economic Development (Trustee DiMaria) 1) Ordinance 11 -28 (Introduced June 27, 2011) (Second Reading) Amending the Village's 2011 Budget to Account for Revenues /Expenditures from the 2011 Morton Grove Days Festival d. Trustee Marcus — Public Works Department, Condorniniurn Association, Community Relations Commission, Solid Waste Agency of Northern Cook County Natural Resource Commission, Traffic Safety Commission (Trustee Thitl) 1) Resolution 11 -33 (Introduced July 11, 2011) Authorizing the Execution of a Contract with Hayes Mechanical for the Maintenance of Heating and Air Conditioning Equipment 2) Resolution 11 -34 (Introduced July 11, 2011) Authorizing the Execution of a Contract with Mark -It Corporation for the 2011 Pavement Marking Program 11. Reports by Trustees (continued) e. Trustee Thill — Building Department, Appearance Commission, Capital Projects, Plan Commission/7oning Board of Appeals (Trustee Totly) 1) Ordinance 11 -26 (Introduced June 27, 2011) (,Second Reading) Amending the Unified Development Code Sections 12 -4 -4E and 12 -17 -1 to Allow Entertainment Uses as Special Uses in the M2 General Manufacturing District 2) Ordinance 11 -27 (Introduced.June 27, 2011) (Second Reading) Granting a Special Use Permit to Allow an Entertainment Use at the Property Located at 8220 N. Austin, Morton Grove, Illinois 3) Ordinance 11 -29 (Introduced.Iuly 11, 2011) (First Reading) Amending the Village of Morton Grove Unified Development Code, Section 12 -16 -5 Regarding Public Notice Signs for Public hearings 4) Ordinance 11 -30 (Introduced July 11, 2011) (First Reading) Granting an Amendment to the Special Use Permit for the Property Located at 5520 Lincoln Avenue for a Revised Landscape Plan 5) Ordinance 11 -31 (Introduced July 11, 2011) (First Reading) Granting a Special Use Permit to Allow an Adult Day Care Facility at the Property Located at 6027 Dempster 6) Ordinance 11 -32 (Introduced July 11, 2011) (First Reading) Granting a Special Use Permit to Allow Open Sales at the Property Located at 7220 Dempster (Produce World) f. Trustee Toth -- Finance Department, Finance Advisory Commission, Northwest Municipal Conference, Advisory Commission on Aging, Family and Senior Services Department (Trustee Gomberg) 12. Other Business 13. Presentation of Warrants - $368,505.00 14. Residents' Comments 15. Executive Session — Personnel Matters, Labor Negotiations, Pending Litigation, and Real Estate 16. Adjournment - To ensure full accessibility and equal participationfor all interested citizens, individuals with disabilities who plan to attend and who require certain accommodations in order to observe and/or participate in this meeting, or who have questions regarding the accessibility of these facitities, are requested io contact Susan or Marlene (847/470 -5220) promptly to allow the Village to make reasonable accommodations. CALL TO ORDER Village President Dan Staackmann called the meeting to order at 7:01 p.m. After leading the assemblage in the Pledge of Allegiance, he directed the Village Clerk to call the roll. II. Village Clerk Tony Kalogerakos called the roll. Present were: Trustees Dan DiMaria, Bill Grear, Shel Marcus, and John Thill. Trustees Larry Gomberg and Maria Toth were absent with notice. APPROVAL OF MINUTES a. Regarding the Minutes of the Special Meeting of June 13, 2011, Trustee DiMaria moved, seconded by Trustee Grear, to accept the Minutes as presented. There was no discussion. Motion passed unanimously via voice vote. b. Regarding the Minutes of the June 13, 2011 Regular Meeting, Trustee DiMaria moved, seconded by Trustee Grear, to accept the Minutes as presented. There was no discussion. Motion passed unanimously via voice vote. In 1. SPECIAL REPORTS Use Permit to Allow for an Entertainment Use Within the M2 District at 8220 Austin Avenue. a. Plan Commissioner Steve Blonz presented this report. The applicant is Big City Entertain- ment, requesting a text amendment to the Unified Development Code and a Special Use Permit to allow an entertainment use —a haunted house —at 8220 Austin Avenue. "Fear City" would "put Morton Grove on the map" in the Chicago area. b. Commissioner Blonz noted that the facility would approximately 39,000 square feet and will feature a customer waiting area with vending services (warmed food, soft drinks, Fear City apparel), possibly supplied by local purveyors, in addition to the primary haunted house entertainment area. The facility would be open a maximum of 30 days during the month of October from 7pm to 11 pm Mondays through Thursdays, and 7pm to midnight Fridays and Saturdays. It will also be open until 12am on October 30 and 31, regardless of what day of the week they fall on. They will charge an entrance fee of between $20 –$30 per person. IV, SPECIAL REPORTS (continued) Minutes of June 27, 2011 Board Meeting c. Commissioner Blonz said that the proposed text amendment was researched and developed using material from the American Planning Association, noting that the definition was purposely kept general to be flexible enough to address future uses that may wish to locate in the M2 District. The text amendment for "entertainment use" provides that these types of special use will only be allowed in the M2 district. It specifically excludes any type of adult use, gambling, or intertrack wagering facility. Commissioner Blonz said the applicant was projecting possible attendance of 20,000 over the Halloween holiday period, an average of up to 1,000 attendees per day. The proposed customer base will be regional, with many visitors from other communities. No one under age 12 will be permitted. Traffic and parking will be monitored by on -site parking attendants and off -duty police officers. There are over 250 parking spaces available on the site itself, and parking agreements have been reached with adjacent property owners to the north and south, allowing a parking capacity of 400 cars. Parking will be free. Several concerned individuals spoke at the Plan Commission hearing. One person felt that this was a good reuse of industrial space. Others had concerns about teenagers, property damage, parking problems, volume of visitors, underage drinking /substance abuse, trespass- ing, noise, and traffic. It was felt by the Commission and the applicant that the relatively high admission price will reduce negative elements by making this site a "destination." Thus there will not be as much pass -by traffic, and external issues such as criminal activity will be less likely to occur. Fear City will emphasize good neighbor relations, its parking attendants will monitor traffic and parking locations and will redirect people from parking in adjacent residential areas to parking on -site or in available lots. Vehicle occupancy will be higher for visitors to this site, as this type of business is typically seen as a destination for group outings. The traffic volume is spread out over several weeks and several hours each evening the business is open. Fear City will clean up the site on a nightly basis to maintain a clean appearance and optimal site conditions. Commissioner Blonz reported that the Commission voted 6 -0 (with one absent) in favor of recommending approval of the proposed Text Amendment. The Commission also voted 6 -0 (with one absent) in favor of recommending approval of the Special Use Permit. Mayor Staackmann asked if there were any questions from the Board. Trustee Marcus noted this business is there specifically for the Halloween season, but wondered if employees would be on -site, perhaps building sets or developing other business, the rest of the year. Mr. Blonz said the site will not be open except for the month of October. However, company personnel may be on -site from time to time in preparation for the opening. Most of the time, the space will function as storage or warehousing space. They did not present any plans for any other business. Trustee Marcus asked about plans for ingress and egress. Mr. Blonz said plans indicated that the attendees would be entering from the north: a holding area will be available. j. Trustee Grear said he was at a Traffic Safety Commission meeting and, regarding the eleven months of vacancy, said that at that hearing, the company indicated they would use the space as storage, and had no plans to do anything for any other holiday. IV. k. V. VI. VII. Minutes of June 27, 2011 Board Meefin` SPECIAL REPORTS (continued) Trustee Thill complimented Fear City for anticipating questions that would be asked and hav- ing the answers ready. He said they did a very professional job. Trustee Marcus moved to accept the Plan Commission's report. Trustee Thill seconded the motion. Motion passed unanimously via voice vote. PUBLIC HEARINGS NONE RESIDENTS' COMMENTS (Agenda Items Only) Eric Poders. Mr. Poders was speaking about PC 11 -07. He felt it was a very positive thing for the Village and said he had done a lot of research on Fear City and found it to be a "top- notch" team. He felt the Economic Development Commission should have a subcommittee meet with Fear City before it opens, to possibly work on the traffic flow to direct traffic down Austin to Dempster. He also said it would be a mistake for people to speak negatively about this, and applauded the Board for accelerating this case. One question he had was what amusement tax would be charged. With the projected number of attendees, an amusement tax would definitely have a fiscal impact. Mr. Poders also com- mented that Fear City is already demonstrating that it's a good neighbor, by its support of the Chamber of Commerce at their golf outing. PRESIDENT'S REPORT 1. Mayor Staackmann asked for concurrence to appoint the following: a. a Traffic Safety Commission: Theresa Sorensen Trustee Thill moved to concur, seconded by Trustee Marcus. Motion passed unanimously via voice vote. vote. noting that Mr. Conrad is a true professional b. a Natural Resources Commission: Dan Ashta Trustee Marcus moved to concur, seconded by Trustee DiMaria. Motion passed unanimously via voice vote. noting that Mr. Conrad is a true professional C. a Economic Development Commission: Thomas Fa'anunu Trustee Thill moved to concur, seconded by Trustee DiMaria. Motion passed unanimously via voice vote. Commission, noting that Mr. Conrad is a true professional 2. Mayor Staackmann asked for a motion to reappoint David Conrad to the Natural Resources Commission, noting that Mr. Conrad is a true professional and a great asset to that Commission. Trustee Marcus so moved, seconded by Trustee DiMaria. Motion passed: 4 ayes, 0 nays, 2 absent. Tr. DiMaria aye Tr. Gomberg absent Tr. Grear aye Tr. Marcus a rye Tr. Thill aye Tr. Toth absent Minutes of June 27, 2011 Board Meeti�l VII. PRESIDENT'S REPORT (continued) Mayor Staackmann then requested a motion to appoint Village Administrator Joe Wade as Building Commissioner until December 31, 2011, or until a new Building Commissioner is qualified and approved. Trustee Thill made the motion, seconded by Trustee Marcus. Motion passed: 4 ayes, 0 nays, 2 absent. Tr. DiMaria aye Tr. Gomberg absent Tr. Grear aye Tr. Marcus aye Tr. Thill aye Tr. Toth absent 4. Mayor Staackmann presented Ordinance 11 -25, Amending Title 4, Chapter 3, Section 9 Entitled "Liquor Control" of the Municipal Code of the Village of Morton Grove. He noted that this is the second reading of this ordinance and asked for a motion to adopt it. Trustee Marcus so moved, seconded by Trustee Thill. Trustee Grear asked if holding a caterers' license allows the holy number of parties. Corporation Counsel Liston said the caterers' sell alcoholic beverages to patrons not on their site. It's good for Upon the vote, the motion passed: 4 ayes, 0 nays, 2 absent. Tr. DiMaria aye Tr. Gomberg absent Tr. Marcus aye Tr. Thill aye ter to serve at an unlimited license allows the holder to the whole year. Tr. Grear aye Tr. Toth absent Mayor Staackmann thanked Public Works, Police, Fire, and EMA personnel for the outstanding way they handled the storm of last Tuesday. He was very proud that, even though the storm hit at 9:00 p.m., the Village's streets were open and cleared of debris by 10:30 p.m. He said that many complaints were received, but they mostly had to do with the number of power outages in town. ComEd was doing its best, but they had their hands full with over 400,000 people without power. The mayor said he hoped all the bad weather was behind us. He also thanked the Village Hall staff for manning the phones and being so responsive. Unfortunately, this was not declared a disaster, so there will be no FEMA reimbursement for any of the costs the Village incurred in this storm. 6. Mayor Staackmann wished everyone a good, safe, 4" of July and encouraged everyone to come out and enjoy the Morton Grove Days festivities —the best celebration on the North Shore. VIII. CLERK'S REPORT Clerk Kalogerakos had several announcements: There will be a ribbon - cutting ceremony at 2:00 p.m. on July 4 honoring the completion of the Dempster Street improvements. Local, state, and federal officials have been invited to be present, and all residents are welcome 2. The Chamber of Commerce is looking for sponsors for their "Concert in the Park" on July 12 at Harrer Park. Please contact the Chamber if interested in being a sponsor. VIII. CLERK'S REPORT (continued) Minutes of June 27, 2011 Board Meeting; 3. The second Dempster Street Redevelopment Ideas Workshop will be held at 7:00 p.m. on Wednesday, July 13, at the Civic Center. 4. Kappy's and the Economic Development Commission will be holding an antique car show at 6:00 p.m. on July 14 at Kappy's. There will also be a car show on August 11. 5. Lastly, Morton Grove Days begins this Friday, everyone is encouraged to attend. IX. STAFF REPORTS A. Village Administrator Mr. Wade reiterated the Clerk's announcement about the Dempster Street Redevelopment Ideas Workshop. 2. Next, Mr. Wade presented Public Works Director Andy DeMonte to give a status report on Dempster Street. a. Mr. DeMonte said that Dempster was slowly coming to completion. The original schedule had called for it to be finished by November 2010, but weather and strike related delays caused postponements. It will not be 100% complete by July 4, not only because of weather, but because the Illinois Department of Transportation ordered the Village to "cease destructive work in the roadway" around the middle of June, due to budgetary concerns. The Village was at the point in the project where the next step would have been to raise the manholes. Mr. DeMonte said that, under the surface right now is about 180 manholes and catch basins that have to be raised, which would have left a 3" or 4" rise, which would have jeopardized the Fourth of July Parade. He added that he wasn't sure yet whether the State has approved IDOT's budget so work would probably not begin again until after the 4tn b. Mr. DeMonte said the streetscape work continues but is about 85% complete. Several things remain to be done, including installing the hanging flower baskets on the light poles, the installation of light pole bases on the north side of Dempster, newsbox coral installation, stamping of crosswalks, and permanent striping. The anticipated completion date for Dempster Street is now July 19. c. Trustee Thill commented that he is "not excited" about the quality of the trees planted, the species' chosen, and how they were planted. Mr. DeMonte said that a walk- through will be done to ensure that everything has been done to specifications, and if it has not, it will be. d. Trustee Marcus congratulated Mr. DeMonte, saying that he thought, when driving down Dempster earlier today, that it looked great! He felt there would be no problems for the parade. 2. Next, Mr. Wade asked Mr. DeMonte and Fire Chief Tom Friel to give a status report about last Tuesday's storm. a. Mr. DeMonte said the storm hit around 8:30 p.m. and he had crews out on the streets by 9:15 p.m. There were many downed trees and branches, as well a number of power outages. Crews concentrated on barricading downed power lines and opening streets and alleys so Minutes of June 27, 2011 Board Meeting IX. STAFF REPORTS (continued) A. Village Administrator: (continued) that emergency vehicles could get through. The crews were sent home at 1:00 a.m. and directed to return by 7:00 a.m. Mr. DeMonte reported that the Village's two pumping stations and the Public Works garage also lost power, but luckily emergency generators kept every- thing going. b. The greatest volume of calls Public Works and Village Hall received had to do with power outages and people wanting to know when their power would be back on. Mr. DeMonte said that, unfortunately, Public Works has no control over that and no way of knowing when that will be. They are not privy to any information other than what a resident who's lost power would get when they call ComEd. He said it was a good rule of thumb to always contact the appropriate utility company when that particular utility isn't working. By Wednesday morning, Public Works had secured the outlot of Menards as a place to put all the trees and branches. Mr. DeMonte expressed gratitude for Menards for allowing this use of their outlot. By Saturday morning, crews had gone through the entire town once. Residents can still move branches to the parkway to get them picked up, by only until July 1. The tree crew has to date removed 30 damaged trees, with another 5 -8 remaining. The Village contracted with Homer Industries to remove the brush and debris from the Menards outlot. That removal will cost between $15,000— $20,000. Mr. DeMonte estimated that the storm's total cost to the Village will be over $100,000. One workers comp claim arose from the storm. d. Fire Chief Tom Friel said he viewed the storm from an emergency response standpoint as a success. He said that, at 8:30 p.m. EMA Director John Hill and his crew, a number of whom are certified weather spotters, were assisting with the Concert in the Park. John made the decision to recommend cutting the concert short and moving the people out of the park area. Eight minutes later, a tornado warning was issued, noting that a severe thunderstorm capable of producing tornados, was moving through the area. At 8:50 p.m., at Fire Station 4, a maximum sustained wind of 66mph was recorded. That was the leading edge of the weather event. e. Chief Friel said that the storm resulted, as Mr. DeMonte indicated, in a number of downed power lines, transformers blown off poles, and numerous fallen trees and large limbs. The Police, Fire, and EMA began to scramble. From 8:50 p.m. til the next morning, the Fire Department ran 43 calls, mostly power lines and power failures. EMA was on the street through the entire next day assisting with everything from barricading power lines to handling traffic at Oakton and Lehigh, where the train gates had become inoperable. Mayor Staackmann asked the chief to expand on EMA. Chief Friel said that EMA evolved from ESDA, which evolved from the Civil Defense unit. It is a completely volunteer organiza- tion headed by John Hill. There are currently 20 active members who have all been trained and are available on a moment's notice. EMA provides valuable assistance to the Police and Fire Departments. Trustee Marcus noted that John Hill is always looking for volunteers. Mayor Staackmann said that, while people were inconvenienced to some degree, especially if they had lost power, all in all, the Village is very lucky to have the public service personnel it has. Other towns had streets still closed even as late as 3:00 p.m. the next day. Minutes of June 27, 2011 Board Meeting ION STAFF REPORTS (continued) A. Village Administrator: (continued) Trustee Marcus said he knows that losing electrical power can make a person feel helpless and frustrated. He encouraged people to do a better job of preparing for such incidents by having candles and flashlights (with functioning batteries) available. It's easier to get through an emergency if you're prepared. Trustee Marcus also thanked Village Administrator Wade for keeping the Board up to date throughout the event. He said the constant communication was very much appreciated. k. Mayor Staackmann pointed out that Mr. Hill puts on a disaster - preparedness seminar annually. It's advertised at the Village Board meetings, on MGTV, and on the Village's website. In 2011, it was held in March at the Civic Center. He agreed that people should plan to attend. 1 Mr. Wade wished everyone a happy Fourth of July. B. Corporation Counsel: Corporation Counsel Liston had no report. X. TRUSTEES'REPORTS A. Trustee DiMaria: Trustee DiMaria had no formal report, but offered kudos to the John Hill and the EMA volunteers and to Mr. DeMonte and the Public Works personnel for an outstanding job last Tuesday. He also gave a shout -out to his wife and children in attendance this evening. B. Trustee Gomberq: Trustee Gomberg was absent —no report. C. Trustee Grear: Trustee Grear presented for a first reading Ordinance 11 -28, An Ordinance to Amend the Village of Morton Grove 2011 Budget to Account for Revenues /Expenditures From the 2011 Morton Grove Days Festival. He explained that, subsequent to the adoption of the 2011 Budget, the Village assumed responsibility for the planning and management of the 2011 Morton Grove Days festival. This budget amendment will account for and incorporate the proposed expenses /revenues into the Village's General Fund. The net effect of this amendment is anticipated to have no impact on the Village's fund balance, since revenues are projected to meet all expenses for the event. /:4 C. Trustee Grear: (continued) TRUSTEES' REPORTS (continued) Minutes of June 27, 2011 Board Meeting 2. Trustee Grear said he hoped to see all the residents come out to Morton Grove Days, which starts Friday night and runs until after the fireworks on July 4tn D. Trustee Marcus: Trustee Marcus presented Ordinance 11 -20, Amending Title 5, Chapter 7 of the Village of Morton Grove Municipal Code Entitled "Abandoned, Inoperable, Hazardous, and Unlawful Vehicles." This is the second reading of this Ordinance. Trustee Marcus explained that the Police Department has reviewed and wishes to clarify Village laws and procedures regarding the disposal of unclaimed towed vehicles so it is consistent with the Illinois Vehicle Code, Trustee Marcus moved to adopt Ordinance 11 -20, seconded by Trustee DiMaria Trustee Thill asked if a car sitting with a flat tire for several weeks would be considered an inoperable car. He also wondered if vehicles were allowed to park blocking a sidewalk. He was assured that a parked vehicle blocking a sidewalk was a violation, and a car with a flat tire sitting for several weeks was also a violation. Mayor Staackmann called for the vote on Ordinance 11 -20. Motion passed: 4 ayes, 0 nays, 2 absent. Tr. DiMaria aae Tr. Gomberg absent Tr. Toth Tr. Grear aye Tr. Marcus acre Tr. Thill aave Tr. Toth absent 2. Trustee Marcus next presented Ordinance 11 -22, 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. This is the second reading of this Ordinance. Trustee Marcus explained that the Illinois Prevailing Wage Act requires contractor and subcontractor 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" is defined to mean all fixed works constructed by any public body or paid for wholly or in part out of public funds. Each year, during the month of June, the Act requires the Village to investigate and ascertain the prevailing rate of wages. Trustee Marcus moved to adopt Ordinance passed: 4 ayes, 0 nays, 2 absent. Tr. DiMaria aye Tr. Gomberg Tr. Marcus acre Tr. Thill 11 -22, seconded by Trustee DiMaria. Motion absent Tr. Grear acre aye Tr. Toth absent X. El TRUSTEES' REPORTS (continued) Trustee Marcus: (continued) Minutes of June 27, 2011 Board Meeting Next, Trustee Marcus presented Ordinance 11 -24, Amending Title 5, Chapter 13, Article F, Section 4 of the Municipal Code Entitled "Restricted Parking Streets." This is the second reading of this Ordinance. Trustee Marcus explained that the Traffic Safety Commission reviewed a request to establish parking restrictions on Ferris Avenue between Lincoln and Capulina Avenue to allow on- street parking during off -peak travel times on Ferris to provide additional parking for a business and residents. The Commission made a two -part recommendation on this request. The on- street parking during off -peak travel times will be considered by the Board as part of a separate action. The other part of the issue is updating the parking restrictions to match the intended design of the recent construction improvements on Ferris. Current, parking is allowed on the west side of Ferris from a point 75 feet north of the centerline of Lincoln Avenue to the center- line of Capulina. The recent construction improvements on Ferris near the intersection of Lin- coln include a long right -turn bay where on- street parking was formerly allowed. To allow on- street parking on Ferris near the Lincoln Avenue intersection will hinder southbound traffic moving through the intersection, so the Traffic Safety Commission's recommendation is to amend the parking restrictions to allow the intersection to operate as intended in its improved design. Trustee Marcus moved to adopt Ordinance passed: 4 ayes, 0 nays, 2 absent. Tr. DiMaria aye Tr. Gomberg Tr. Marcus aye Tr. Thill 11 -24, seconded by Trustee Thill. Motion absent DiMaria Tr. Grear aye acre Tr. Toth absent ave Trustee Marcus then brought forward Resolution 11 -31, Authorization for the Purchase of a New Trailer Mounted Drum Type Brush Chipper ( Morbark Model M18R). He explained that this will replace a 10 -year old Morbark Model 13 (125 hp) brush chipper that no longer meets the dependability needs of the Forestry Division. $62,000 has been budgeted for replacement of this equipment. The purchase price will be $47,590, well under budget. Trustee Marcus commented that he had met with Mr. DeMonte about this and learned that it is a sorely- needed item that will definitely be put to good use. Trustee Marcus moved to approve Resolution 11 -31, seconded by Trustee Thill. Motion passed: 4 ayes, 0 nays, 2 absent. Tr. DiMaria aye Tr. Gomberg absent on the Tr. Grear ave Tr. Marcus aae Tr. Thill aave Tr. Toth absent Trustee Marcus said he wanted to publicly thank Mr. DeMonte and his staff, Chief Friel and the Fire Department personnel, Chief Erickson and the Police Department personnel, and Mr. Hill and the EMA volunteers. He said these people all have such a commitment to this community, residents need to be aware of that. Morton Grove is blessed to have them. 6. Trustee Marcus wished everyone a happy and safe Fourth of July holiday. He hoped people would stop by and see him in the Information Booth on the carnival grounds. PA E. Minutes of June 27, 2011 Board Meeting TRUSTEES' REPORTS (continued) Trustee Thill: Trustee Thill presented Ordinance 11 -23, Granting a Special Use Permit to Allow a Physical Fitness Facility at the Property Located at 7300 Dempster. This is the second reading of this Ordinance. Trustee Thill said that this is pursuant to the Plan Commission case reported out at the June 13, 2011 meeting. Trustee Thill moved to adopt Ordinance 11 -23, seconded by Trustee Marcus. Motion passed: 4 ayes, 0 nays, 2 absent. Tr. DiMaria aye Tr. Gomberg absent Tr. Grear aye Tr. Marcus aye Tr. Thill aye Tr. Toth absent 2. Next, Trustee Thill presented Resolution 11 -32, Authorizing the Execution of a Professional Services Agreement By and Between the Village of Morton Grove and T.P.I. Building Code Consultants, Inc. For Plan Review and Inspectional Services. Trustee Thill moved to approve Resolution 11 -32, seconded by Trustee DiMaria. a. Trustee Thill said he was involved with the interviews of various organizations seeking this contract and he was extremely impressed with TPI's presentation and personnel. b. Mayor Staackmann said this is a great opportunity for the Village to expand its opportunities via these types of public /private partnerships. They will help streamline costs, and provide an outside non - biased opinion on code enforcement and plan review. This contract runs through 2014. This type of arrangement has worked well in other communities. TPI personnel are all very capable and fully certified. c. Trustee Marcus noted that a representative of TPI was in the assemblage and asked them to come forward. d. Steve Tishny said that TPI Building Code Consultants started 14 years ago when his father retired from being a firefighter. He became a temporary plumbing inspector. Currently TPI works for about 30 municipalities, doing everything from just one or two inspections a year to doing all the inspections, as in the cases of Mount Prospect and Lincolnwood. TPI prides itself on its customer service, they do everything possible to minimize complaints from customers. They are strict and knowledgeable, and will enforce the Village's ordinances. Their services are customized to each municipality, and they are available any time. There being no further discussion, Mayor Staackmann called for the vote. Motion passed: 4 ayes, 0 nays, 2 absent. Tr. DiMaria aye Tr. Gomberg absent Tr. Grear aye Tr. Marcus aye Tr. Thill aye Tr. Toth absent 3. Trustee Thill then presented for a first reading Ordinance 11 -26, Amending the Village of Morton Grove Unified Development Code, Sections 12 -4 -4E and 12 -17 -1 to Allow Entertainment Uses as Special Uses in the M2 General Manufacturing District. 10 X. E. Trustee Thill: (continued) TRUSTEES' REPORTS (continued) Minutes of June 27, 2011 Board Meetingl He explained that, based on review of zoning requirements from other communities surveyed by the American Planning Association (APA), Village staff determined that allowing entertain- ment as a special use in the M2 zoning district would be reasonable, and would provide opportunities for reuse of industrial areas. Special use review is warranted because of the unique operations of entertainment uses, which usually have different hours and parking needs than most typical M2 uses. This text amendment includes a provision prohibiting alcohol at such facilities. There was no further discussion on Ordinance 11 -26. 4. Lastly, Trustee Thill introduced for a first reading Ordinance 11 -27, Granting a Special Use Permit to Allow an Entertainment Use at the Property Located at 8220 N. Austin. This is pursuant to Plan Commission Case 11 -07, and would allow applicant Big City Entertainment, LLC to open and operate an entertainment use known as Fear City, subject to certain conditions, including improvements to the parking lot, and days and hours of operation. There was no further discussion on Ordinance 11 -26. F. Trustee Toth: E11 XII. XIII. Trustee Toth was absent —no report. OTHER BUSINESS NONE WARRANTS In the absence of Trustees Toth and Gomberg, Trustee DiMaria presented the Warrant Register for June 27, 2011 in the amount of $452,805.95. He moved to accept the Warrants, seconded by Trustee Grear. Motion passed: 4 ayes, 0 nays, 2 absent. Tr. DiMaria ave Tr. Gomberg absent Tr. Grear acre Tr. Marcus aye Tr. Thill aye Tr. Toth absent RESIDENTS' COMMENTS Lenore Pearson. Ms. Pearson lives on Newcastle and has two cats. She recently learned of the significant changes the Village made to its animal licensing program. She didn't under- stand why the Village needs an animal licensing program. She thought perhaps it had been established to address certain problems and wondered if those problems still existed. She said that she's very unhappy about it, because it makes owning animals in Morton Grove so expensive. Pet owners already pay yearly Cook County tags fees, and the Village has already increased vehicle sticker and trash fees. Property taxes and gas prices continue to rise. 11 Minutes Of June 27, 2011 Board Meeting XIII. RESIDENTS' COMMENTS (continued) Ms. Pearson felt that continued raising of fees and taxes sent a message that elected officials were out of touch with their constituents. She said, "the good economic times are over, and taxpayers cannot continue to fund everything." She felt that if the animal control program was vital for the health and safety of the entire community, it was not fair to single out pet owners to pay for it. She encouraged the Board to consider discontinuing the program or at least go back to the less expensive fee schedule. Mayor Staackmann said that Ms. Pearson is correct in stating that the good economic times are over. He explained that the Board has had to make many hard decisions, but it is committed to the basic principles of protecting life, property, and health. This requires main- taining a police department, a fire department, and a public works department. Unfortunately, a lot of programs have been cut because of funding. Funding from the state, county, and federal government is gone. One hard decision the Board made was to cut the animal control officer from the budget. Many residents complained, in person and via email, and requested the animal control officer and program be reinstated. The only way the Village could afford to do that was to have pet owners pay for it. Mayor Staackmann said that it wouldn't be fair for those who don't have pets to have to pay the cost of picking up a lost pet or stray animal. There is also a cost involved in boarding cats and dogs (while seeking the owners), and in having them euthanized. Morton Grove has had animal licensing in place for many, many years. Mayor Staackmann said he has a dog license from 1906. The animal control program has, in the past, cost the Village a lot of money. To raise real estate taxes to maintain animal control for people who don't have animals isn't right. Having a pet is a choice. The Village now has a professional on board and is able to respond to the calls. The Village has also organized a volunteer network to help. Mayor Staackmann said that several years ago, the animal control ordinance was revised. At that time, there was a $1.5M surplus in the budget and $1.5M less in expenditures. Today, the Village is still down a police officer, and down several people in public works. The Village's equipment is aging —in fact, the snowplow fleet is about 10 -12 years old. Eric Poders. Mr. Poders said, speaking of revenue, that he was recently charged 12.5% tax when using a coupon at a CVS store in Lincolnwood. He thought there should be a sub- committee to investigate coupons, possibly with the Northwest Municipal Conference. He thought there might be some revenue opportunities — possibly pre -tax or after tax —with regard to coupon redemption. He suggested the Village investigate what's being collected at retail establishments. XIV. ADJOURNMENT /EXECUTIVE SESSION Trustee DiMaria moved to adjourn the Meeting. Trustee Marcus seconded the motion. Motion passed: 4 ayes, 0 nays, 2 absent. Tr. DiMaria aave Tr. Gomberg absent Tr. Grear aave Tr. Marcus ave Tr. Thill aae Tr. Toth absent The meeting adjourned at 8:15 p.m. 12 PASSED this 11th day of July, 2011, Trustee DiMaria Trustee Gomberg Trustee Greer Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this 11th day of July, 2011. Daniel J. Staackmann, Village President Board of Trustees, Morton Grove, Illinois APPROVED and FILED in my office this 12th day of July, 2011. Tony S. Kalogerakos, Village Clerk Village of Morton Grove, Cook County, Illinois Minutes of June 27, 2011 6oartl Meeting. Minutes by Teresa Cousar 13 Presented to Village of Morton Grove Illinois For its Comprehensive Annual Financial Report for the Fiscal Year Ended December 31, 2009 A Certificate of Achievement for Excellence in Financial Reporting is presented by the Government Finance Officers Association of the United States and Canada to government units and public employee, retirement systems whose comprehensive annual financial reports (CAFRs) achieve the highest standards in government accounting and financial reporting. Ta. I J �e Plan Commission Case PC11-04; Request for Display 1 Dempster (proposed iateu ce World Commission Report Legal notice for this public hearing was published in the local newspaper (Morton Grove Champion) on June 2, 2011. A public notice sign was posted on the site on June 3, 2011, and notification letters were sent to surrounding properties on June 1, 2011, On June 20, 2011, a public hearing was conducted by the Morton Grove Plan Commission after notice for this public hearing was duly provided, as noted above, for Plan Commission case PC 11- 04. PC 11 -04 consists of a request by applicant Hector Rodriguez for Produce World for a Special Use to allow outdoor display (Open Sales) in the Cl General Commercial District. Director of Community Development and Village Planner John D. Said introduced the case on behalf of the Village. He reviewed details of the request, including the proposed layout of the outside display and some related information about the Produce World store and the Village Plaza shopping center. The applicant was represented at the hearing by Mr. Art Holland (architect) and Mr. Steve Pavlopoulos (co -owner of Produce World). Mr. Holland testified concerning the request, with supplemental information provided by Mr. Said. Mr. Said explained that Produce World is relocating to Village Plaza Shopping Center, at the northwest corner of Dempster and Harlem. Their tenant space is in the eastern part of the shopping center, formerly occupied by Old Navy and immediately west of Pet Supplies Plus'. Mr. Said provided further details about the request, by noting that Produce World proposes to install outdoor display areas along a portion of the front of their building, under the existing canopy. Sales for the items to be displayed outside will occur indoors, which is a typical arrangement for many grocery stores displaying seasonal items outside. The outdoor display will extend about 3' out from the building, which is about the same depth as a row of shopping carts. The display consists of portable display tables set along the front of the building. Mr. Said emphasized that the Produce World store as a whole does not require a Special Use, as a retail food /grocery store of this type is an allowed use in the C1 District. Rather, the requested approval (and therefore Village zoning review) is limited to the proposed outdoor display. Mr. Holland then testified regarding the display, site circulation, and overall layout. After conclusion of the comments from Village Staff and the applicants, the Commission then posed some questions and comments concerning the proposal. These are summarized as follows, with responses in parentheses. ® Do the dimensions in the plans match the dimensions noted in the presentation? (Yes, they do.) How will the shopping carts be maintained to prevent them from blocking Fire Department access? (There will be a storefront corral and bumper stop to keep the carts in their designated storage area.) After Commissioner questions were concluded, any members of the public in attendance were invited to express their views on the project. This included the following individual: Dan Obradovich, 8901 Oconto, with concerns about delivery times and screening behind the store, complaining that the chain -link fence with privacy slats is in disrepair, and doesn't provide adequate screening between his home and the shopping center. (Applicant responded that deliveries are limited to 7 am to 5 pm, and that the fencing includes screening slats, and that the fencing, which extends the entire length of the center, is the owner's responsibility.) There were no other interested parties. Findings of Fact The applicants also testified to the applicable Standards for a Special Use as specified in Sec. 12- 16-4C of the Unified Development Code. A majority of the Commission concurred with the applicant's testimony, and based their decision on, these findings. The proposed use will be monitored and managed to maintain the public health, safety and welfare through its operations with parking monitoring and off -duty police assistance. The proposed use simply consists of outdoor displays in front of a grocery store. The proposed display requiring special use is limited to the front of the store facing Dempster Street, and the proposed grocery store does not require a special use. Therefore, the proposed special use has no appreciable impact on surrounding properties. 2 The existing property is located within the C1 General Commercial District, and the project is using an existing area in front of the existing building without impacting surrounding properties. 4, Adequate Facilities — Adequate utilities, access roads, drainage and other necessary facilities are in existence or a being provided, The use of this location for outdoor display does not change requirements for utilities or drainage. The applicant identified pedestrian circulation, crosswalks, traffic and parking information during their testimony. The existing traffic and pedestrian circulation is all contained on the site, not on adjacent streets, and on -site circulation is expected to operate like a conventional retail grocery store operation. The proposed display requiring special use is limited to the front of the store facing Dempster Street, and the proposed grocery store does not require a special use. A fence with screening slats and trees are provided behind the property. Chairman Farkas expressed his concern that the requirement for adequate buffering was not met. The proposed Special Use will be required to meet all Village Codes and Ordinances, and otherwise the proposal and the building appear to conform to applicable zoning requirements. Commission Recommendation Commissioner Roepenack moved, and Commissioner Shimanski seconded, to recommend approval of the Special Use as requested. The motion carried: Yes 5; No 1; Absent 1 The voting: Chairman Farkas No Commissioner Blonz Aye Commissioner Dorgan Aye Commissioner Gabriel Aye Commissioner Ramos Absent Commissioner Roepenack Aye Commissioner Shimanski Aye The Plan Commission's recommendation is subject to the following conditions: 1. The shopping center shall have signs and striping to designate a fire lane subject to the approval of the Village's Fire Department. 2. Access to fire suppression areas, including the knox box and sprinkler room, shall be maintained subject to the Fire Department approval. 3. The proposed outdoor display area shall be installed and maintained in accordance with the plan view and perspective (no date or credit) provided as part of this application. 4 To: Village President and Board of Trustees , From: Ronald L. Farkas, Chairman, Plan Commission Date: June 29, 2011 Re: Plan Commission Case w 5; Request for Special D. is to be open weekdays from 10 am to 4 Dempster Commission Report Public Notice was provided for the public hearing for this request in accordance with applicable requirements. A public notice was published in the local newspaper (Morton Grove Champion) on June 2, 2011. A public notice sign was posted on the site on June 3, 2011, and notification letters were sent to surrounding properties on June 2, 2011. On June 20, 2011, a public hearing was conducted by the Morton Grove Plan Commission after notice for this public hearing was duly provided, as noted above, for Plan Commission case PC 11- 05. PC 11 -05 consists of a request by applicant Hyun Sook Kim for a Special Use to allow a senior citizen center (adult day care) in the CI General Commercial District. Director of Community Development and Village Planner John D. Said introduced the case on behalf of the Village. He reviewed details of the request, including the proposed business, site, and operations. The subject site is a strip center on the south side of Dempster containing eight tenant spaces (with addresses from approximately 6017 to 6033 Dempster), located between School Street and Austin Ave. The applicant proposes to renovate the existing tenant space for a senior lounge for a variety of social activities and classes. The space is to be open weekdays from 10 am to 4 pm, with 10 -15 visitors during the first year, with an ultimate membership goal of 25. The tenant space contains about 1000 square feet, with an open area in front (for classes and social activities), a small kitchen, and restrooms. A shuttle van will be used to transport members between their residences and the senior center. The applicant was represented at the hearing by Mr. David Kim and Ms. Janice Kim. David and Janice testified concerning this request. The testimony and overview included the following information: ® Members of this facility will go through a rigorous screening. The average number of members staying at the center is 10 -15, there would be 2 employees, and business hours would be between 10:00 am to 4:00 pm. • The programs they would have are education, various activities, fellowship, reading newspapers, books, magazines, snacks, medical assistance. Medical doctors, physical therapy, dialysis, medical center, home health agency, medical equipment, Filipino food catering, and a barbershop are available in that shopping center. • Transportation: scheduled transportation to and from the senior center is provided to each member by shuttle bus provided by senior center. There will also be a door to door pick up will also be provided several times a day by special request. Individual drop off /pickup by family members will not be allowed. • Traffic impact analysis: Existing parking spaces: 17; number of stores: 5; number of employees: 2; number of shuttle buses: 1; required parking space for visiting senior members, 0. Mr. Kim showed a picture of the location of the center. • Mr. Kim stated they would put in low profile lighting in the parking lot. After conclusion of the presentation, the Commission then posed a number of questions and comments concerning the proposal. Commission questions and applicant responses (in parentheses) are summarized as follows: • Will the shuttle have a wheelchair access lift? (Most senior center members are expected to be able to get in and out without such a lift. Assistance will be provided to those that require it.) • Parking supply and demand, and size of the van. (The applicant stated they have five parking spaces and would only take up three of them. The applicant also conducted a parking review at various times during days and evenings for a week, and found maximum occupancy of 7 spaces in this 16 -space lot. Staff noted that Village requirements do not specify numbers for adult day care, and that parking for such uses is subject to Plan Commission review as part of the special use request. Staff also noted that the overall parking supply for the center was considered legal non- conforming.) • What if more than 15 people want to join the center? (If more people wish to join, different schedules would be arranged so that no more than 15 people would use the center at one time, due to limited capacity of the facility.) • State regulations for this use. (The applicant noted that they had to apply to the Illinois Department of Public Health (IDPH) and Department of Aging, who would then send out case manager and review applicants for acceptance into the center. This would be a Medicaid Program. The State would reimburse the center for the membership fees.) There were no interested parties to speak regarding this proposal. Findings of Fact The Commission agreed that the proposed use meets the applicable Standards for a Special Use as specified in Sec. 12 -16 -4C of the Unified Development Code, and based their decision on these findings. 2 Preservation of • and establishment, maintenance and operation of the Special Use will not be detrimental to or endanger the public health, safety, morals or general welfare, The proposed use will be managed to maintain the public health, safety and welfare, and is likely to support and improve public health, as it provides services and activities for senior citizens. The proposed use will be entirely located within the designated tenant space, will require limited parking and is compatible with other uses in the plaza. Therefore, the proposed special use has no appreciable impact on surrounding properties. The existing property is located within the C1 General Commercial District, and the project is using an existing area in front of the existing building without impacting surrounding properties. This proposed use plans to locate in an existing building and use existing parking, so there will be no changes to utilities or drainage. The applicant testified that a shuttle van will be used to transport residents to and from the senior center, thereby reducing traffic on roadways. Drop -off /pickup by family members will not be allowed. The proposed use is locating in an existing space, and all surrounding properties are developed. Therefore no additional screening or buffering is necessary. Special 7. Conformance to Other Regulations— The other respects, conform o applicable provisions Ordinance or amendments thereto, 3A1, may be considered by the Plan Commission and the Village Board of Trustees as a part of the special use permit, The proposed Special Use will be required to meet all Village Codes and Ordinances. Commission Recommendation Commissioner Roepenack moved, and Commissioner Dorgan seconded, to recommend approval of the Special Use as requested. The motion carried: Yes 6; No 0; Absent 1 The voting: Chairman Farkas Aye Commissioner Blonz Aye Commissioner Dorgan Aye Commissioner Gabriel Aye Commissioner Ramos Absent Commissioner Roepenack Aye Commissioner Shimanski Aye The Plan Commission's recommendation is subject to the following conditions: 1. The Senior Center shall adhere to all applicable Fire and Building Code requirements. 2. The exit out of the parking lot shall be signed with a no left turn restriction. 3. Handicapped parking shall be provided in the parking lot to adhere to the Illinois Accessibility Code, 4. The parking space immediately in front of the store shall be limited to shuttle van parking only, and shall be signed as such. 5. Garbage pickup shall be limited to the rear alley area. 4 To: Village President and Board of Trustees From: Ronald L. Farkas, Chairman, Plan Commission r Date: June 29, 2011 Re: Plan Commission Case PC11 -06; Request for Text Amendments to the Unified Development Code regarding public notice signs Commission Report Legal notice for this public hearing was published in the local newspaper (Morton Grove Champion) on June 2, 2011. As this request is for a text amendment, not a request for a specific site, no public notice signs or notification letters were required. On June 20, 2011, a public hearing was conducted by the Morton Grove Plan Commission after notice for this public hearing was duly provided, as noted above, for Plan Commission case PC 11- 06. PC 11 -06 consists of a request by applicant Village of Morton Grove for text amendments to the Unified Development Code, regarding public notice signs. Public notice signs are required to be posted at the sites of upcoming public hearings for planning and /or zoning requests. Director of Community Development and Village Planner John D. Said introduced the case on behalf of the Village as applicant. He reviewed the details of the request, including the proposed text amendment language, and the background for this proposal. Mr. Said explained that the request consists of text amendments to Section 12 -16 -5 of the Unified Development Code to allow modifications to public notice signs. The Village's proposed amendments would allow these signs to include general information announcing that the location is the subject of an upcoming public hearing, and providing contact information. The signs would no longer require specific date, time and request information. Signs with a general announcement are much more readable to the public, especially at a distance, and to traffic (which often passes sites at relatively high speeds). Further, such signs can be produced by the Village's sign shop (Public Works Dept.), and used again and again for new projects. The revised time frame (10 days from 15 days) is consistent with other public notice signs in other communities, and it provides the necessary latitude for the Village to have such signs installed in a timely manner. Mr. Said further explained that the changes would also allow Village Staff to streamline procedures related to the public notice signs. Currently, individual signs are required to be prepared using several steps involving four departments (Building, Community Development, Police and Public Works). The proposed use of general information signs means that a limited number of signs are needed, and these can be used again and again at all sites where planning and zoning approvals are requested. Mr. Said concluded by noting that Village Staff has observed public hearing "general information" signs in use in other communities around the region, and the ten -day notification period is common practice throughout the region. Authorization and use of such signs is allowed based on the Village's powers and duties as a home -rule community. Upon conclusion of Mr. Said's presentation, Commissioners had no specific questions concerning this request, other than to express their support for the requested changes. Findinos of Fact Pursuant to Sec. 12 -16 -4 —E the provisions of this Code... significance or application o< special privileges or rights." fact it is intended to provide of the UDC, the amendment process "is intended as a tool to adjust .whenever new conditions, situations or knowledge of general curs. It is not intended to relieve particular hardships nor to confer The proposed change does not confer special privileges or rights; in increased public awareness of zoning requests. The Commission concurred that the proposed text amendment adheres to these provisions as specified in the Unified Development Code. Commission Recommendation Commissioner Roepenack moved, and Commissioner Shimanski seconded, to recommend approval of the Text Amendments as requested. The motion carried: Yes 6; No 0; Absent 1 The voting: Chairman Farkas Aye Commissioner Blonz Aye Commissioner Dorgan Aye Commissioner Gabriel Aye Commissioner Ramos Absent Commissioner Roepenack Aye Commissioner Shimanski Aye Legislative Summary Ordinance I I -28 AN ORDINANCE TO AMEND THE VILLAGE OF MORTON GROVE 2011 BUDGET TO ACCOUNT FOR REVENUES /EXPENDITURES FROM THE 2011 MORTON GROVE DAYS FESTIVAL Introduced: Synopsis: Purpose: Background: Programs, Departs or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Administrator Recommendation: Second Reading: June 27.201 1 fo amend the Adopted 201 1 Budget for revenues /expenditures from the 201 1 Morton Grove Days Festival. 020000 - 492021 Donations, fees, and event sales $158,000 Expenses: To reflect current cost estimates for the 201 1 Morton Grove Days Festival. The 201 1 Budget was adopted by the Village Board on December 13, 2010. Subsequent to that adoption, the Village of Morton Grove has assumed responsibility for the planning and management of the 201 1 Morton Grove Days Festival. This' budget amendment will account for and incorporate the proposed expenses /revenues into the Village's General Corporate Fund. The net effect of this amendment is anticipated to have no impact on the Village's fund balance since revenues are projected to meet all expenses for this event. However, certain conditions, such as weather and attendance, are beyond staffs' control and could ultimately impact actual results. Finance Department 'The amount shown will zero out at the conclusion of the festival and should not impact the 201 1 Village's budget allocation. Account Number and Name Amount Revenues: 020000 - 492021 Donations, fees, and event sales $158,000 Expenses: 020509- 551120 Duesand Subscriptions $ 500 020509 - 552120 Postage $ 1,000 020509 - 552130 Printing and Publishing $ 3,000 020509 - 555140 Community F.,ntertaimnent $137,500 020509 - 557130 Self- Insurance S 1,000 020509 - 564100 Operational Supplies $ 15,000 Net Surplus /Deficit $ 0 The management and implementation of this work will be performed by the Village's Finance Department as part of their normal work activities. Approval as presented. Job 11,2011 Special Considerations I The Municipal Code requires a majority vote by two - thirds of the Board for approval of any budget or Requirements: amendment ordinance. '„. / Respectfully submitted: 2 C. Reviewed by: ��', Josh F. adeb Village Administrator 1 eresa Hoffman List t,poration Counsel Reviewed by: a _ _ Rye 'It Final ce Director /Treasurer ORDINANCE 11 -28 AMENDING THE VILLAGE OF MORTON GROVE 2011 BUDGET TO ACCOUNT FOR REVENUES /EXPENDITURES FROM THE 2011 MORTON GROVE DAYS FESTIVAL WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, pursuant to Ordinance 10 -23 the budget for Calendar Year 2011 was adopted by the Board of Trustees on December 13.2010: and WHEREAS, the 2011 Calendar Year Budget document represents an estimate of revenues available to the municipality for the 'fiscal year together with recommended expenditures for the municipality pursuant to good fiscal management practices; and WI IEREAS, pursuant to Title 1, Chapter 91., Section 6 of the Municipal Code of the Village of Morton Grove, the Corporate Authorities may from time -to -time amend its adopted budget by a vote of two - thirds of its members; and WHEREAS, from time -to -time changing circumstances and priorities may necessitate amendments to the budget document; and WHEREAS, the Village of Morton Grove assumed responsibility for planning and management of the 2011 Morton Grove Days 4`' of July Festival; and WHEREAS, it is necessary and proper to amend the original budget document to provide for the revenues /expenditures for the 2011 Morton Grove Days 4 °i of July Festival. NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Corporate Authorities do hereby amend the 2011 Adopted Annual Budget to add revenues /expenditures for the 2011 Morton Grove Days 4`' of July Festival as follows: Account Number and Name Revenues: 020000- 492021 Expenses: 020509 - 551120 020509 - 552120 020509- 552130 020509 - 555140 020509 - 557130 020509 - 564100 Net Surplus /Deficit Donations, fees, and event sales Dues and Subscriptions Postage Printing and Publishing Community Entertainment Self- Insurance Operational Supplies Amount $158,000 $ 500 $ 1,000 $ 3,000 $13 7,500 $ 1,000 $ 15,000 $ 0 SECTION 3: The Village Administrator and Director of Finance /Treasurer and /or their designees are hereby authorized to make the necessary adjustments to the budget as reflected in SECTION 2 above. SECTION 4: This Ordinance shall be in full force and effect from and after its passage, approval and publications in pamphlet form according to law. PASSED THIS I I "' day of July 2011. Trustee Trustee 1 rustec Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thil l Toth APPROVED BY ME THIS 11 `' DAY OF July 2011. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 12 °i DAY of July 2011 Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Resolution 11 -33 AUTHORPZING THE EXECUTION OF A CONTRACT WITH HAYES MECHANICAL. FOR THE MAINTENANCE OF HEATING AND AIR CONDITIONING EQUIPMENT Introduced: Objective: Purpose: Background: Programs, Departments or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Admin Recommendation: Second Reading: Special Considerations or Requirements: Respectfully submitted: dV ill4adge dg e A dministrator fore F. e Prepared by: 14 Reviewed by: y De Monte, Director of Public Works Teresa July 11, 2011 To secure a contract for the maintenance of HAVC equipment at various village owed buildings. The purpose of the contract is to assure the efficient operation of heating and cooling equipment in all Village owned buildings. On September 14, 2009, the Village bid and awarded a three year contract to International Piping Systems of Schaumburg Illinois, for the maintenance of all V illage owned heating and air conditioning equipment. On May 31, 2011, a request for service went unanswered by International Piping. During further requests the Building Commissioner was verbally told International Piping was going out of Business. (However no written confirmation was ever received). In the contract documents, the Village has the right to terminate the contract for non - performance and have consequently done so. At this time, staff is recommending the contract be transferred to Hayes Mechanical who is willing to honor all the terms and conditions of the original contract until August 31, 2012. An additional benefit to this consideration is Hayes Mechanical has hired the technician from International Piping who is already familiar with and has worked on the Village's equipment. Public Works and Finance Departments. Pricing remains the same as budgeted - `61,824 per month General funds — 028024 - 554130 The implementation of this contract will be done as part of the normal operations of the Public Works and Finance Departments. Approval as presented. Not required. None. Corporation Counsel Resolution 11 -33 AUTHORIZING THE EXECUTION OF A CONTRACT WITH HAYES MECHANICAL FOR THE iMAINTENANCE OF HEATING AND AIR CONDITIONING EQUIPMENT WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, on September 14, 2009, the Village bid and awarded a three year contract to International Piping Systems of Schaumburg Illinois, for the maintenance of all Village owned heating and air conditioning equipment and WHEREAS, on May 31, 2011, a request for service went unanswered by International Piping; and WHEREAS, as stated in the contract documents under Section II - General Conditions of Bid and Contract (4) Default and Termination, the contract with International Piping has been terminated for non - compliance; and WHEREAS, as also stated in the contract documents, the Village has the right to secure the contracted services from another source: and WHEREAS, Hayes Mechanical has agreed to provide said services until August 31, 2012, and honor the original terms and conditions of the International Piping System contract; and WHEREAS, the qualifications and availability of the vendor have been verified. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD Of TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: Only those companies listed and described on this Resolution for the maintenance of heating and air conditioning equipment be approved. SECTION 3: The Public Works Director of the Village of Morton Grove is hereby authorized to execute a contract with Hayes Mechanical, 5959 South Harlem Ave., Chicago Illinois 60638. SECTION 4: This Resolution shall be in full force and effect upon its passage and approval. PASSED this 11 °i day of July 2011. Trustee DiMaria "Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this 11 °i day of July 2011. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 12'h day of July 2011. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary _ __ _ Resolution 11 -34 AUTHORIZING THE EXECUTION OF A CONTRACT WITH MARK -IT CORPORATION FOR THE 2011 PAVEMENT MARKING PROGRAM Introduced: July 1 I, 201 1 Synopsis: To authorize the Village President to execute a contract with Mark -It Corporation for the 2011 Pavement Marking Program. Purpose: The 2011 Pavement Marking Program is necessary to maintain the visibility ofthe streets in the Village. The current program includes the installation or renewal of pavement markings at more than 40 roadway segments or intersections. i Background: This contract was bid through a public process in which the contract was advertised and sealed bids were received. Seven bid packages were purchased and four bids were ultimately submitted. The bid process conformed to the Village's purchasing requirements and Mark -It Corporation of Romeoville, Illinois was determined to be the lowest responsible bidder. Mark -It's qualifications and availability have been verified. This project is required to comply with the Illinois Prevailing Wage Act. Village staff recommends the bid of Mark -It Corporation in the amount of $25,323.00 be accepted since the proposal amount is $4,744 less than the Engineer's original Estimate of Cost. Programs, Departments Public Works, Engineering Division or Groups Affected Fiscal Impact: The estimated contract value is $25,323.00. Since this is a unit price contract, the final contract amount will be based on the actual quantity of work performed. Source of Funds: Capital Project Fund 025017-552290. Workload Impact: The Public Works Department, Engineering Division, as part of their normal work activities, performs the management and implementation of the program. Administrator r Approval as presented. Recommendation: Second Reading Not Required Special Considerations or None Requirements: Respectfully submitted: I, Reviewed by: Jose F. de, V illage Administrator Teresa Hoffman Liston, Corporation Counsel Prepared by: _ Reviewed by: !. , Chris Tomich, Village Engineer idy DeMonte, Dir. Of Public Works RESOLUTION I1 -34 AUTHORIZING THE EXECUTION OF A CONTRACT WITH MARK -IT CORPORATION FOR THE 2011 PAVEMENT MARKING PROGRAM WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit ofgovernment under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not Limited to the power to tax and incur debt: and WHEREAS, the Public Works Department maintains pavement markings on roads and at intersections throughout the Village for public safety; and WHEREAS, the Public Works Department developed contract documents for the "2011 Pavement Marking Program" to install or renew thermoplastic, paint, and preformed thermoplastic Pavement marking at more than 40 roadway segments and intersections within the Village; and WHEREAS, the Public Works Department advertised in the June 16, 2011, issue of the Pioneer Press newspaper inviting bids for the Village of Morton Grove "2011 Pavement Marking Program" and sent the legal notice to nine concrete suppliers; and WHEREAS, this work is required to conform to the requirements of the Prevailing Wage Act; and WHEREAS, four bids were received, publicly opened and read at the Public Works Facility at 10:00 a.m. on Wednesday. July 6, 2011; and : and Mark -It Corporation Maintenance Coatings Co Marking Specialists Corp Romeoville, Illinois South Elgin, Illinois Arlington Heights, Illinois AC Pavement Striping Co. Elgin, Illinois (See attached "Tabulation of [aids" for additional details.) $25,323.00 $37,805.00 $39,625.00 $37,1 10.00 WHEREAS, Mark -It Corporation of Romeoville, Illinois submitted the lowest bid amount of $25,323.00; and WHEREAS, finding for the above work is included in the Village of Morton Grove 2011 Budget in General Revenue Account 025017 - 552290; and WHEREAS, Mark -It Corporation has previously performed work for the Village of Morton Grove in a satisfactory manner. NOW, THEREFORE, BE IT RESOLVED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Resolution as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The Corporate Authorities do hereby approve the low bid of Mark -It Corporation, 643 Parkwood Road, Romeoville, Illinois, 60446 to complete the Village's 2011 Pavement Marking Program. SECTION 3: The Village President is authorized to execute and the Village Clerk to attest a contract for 2011 Pavement Marking Program with Mark -It Corporation in the amount of 25,323.00. SECTION 4: This Resolution shall be in full force and effect upon its passage and approval. PASSED THIS 1 l th DAY OF JULY 2011 Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED BY ME THIS l I"' DAY OF JUEY 2011 Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 12`x' DAY OF JULY 2011 Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois k{ \ In In \� In In In In In In 0 IN n In In In In In In In In IN In In In Q In In D Q \j\ \�} In In In � \ ) \} \ }\\ { \ § \ \\\ \\\ \\\{} IN Legislative Summary �_. Ordinance 11 -26 AMENDING THE VILLAGE OF MORTON GROVE UNIFIED DEVELOPMENT CODE SECTIONS 12 -44E AND 12 -17 -1 TO ALLOW ENTERTAINMENT USES AS SPECIAL USES IN THE M2 GENERAL MANUFACTURING DISTRICT Introduction: Synopsis: Purpose: Background: Programs, Departs or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Admin Recommend: Second Reading: Special Consider or Requirements: .June 27. 2011 This ordinance will approve a text amendment to amend the Unified Development Code to allow entertainment uses in the M2 Manufacturing District as a special use. To allow entertainment uses in the M2 Manufacturing District as a special use. The Unified Development Code (UD(:) is a comprehensive set of regulations for the zoning of land and development of parcels within the Village. Currently, the UDC does not allow entertainment uses in the M2 General Manufacturing District. ']'he current applicant has submitted a request requesting an amendment to allow an entertainment use as a special use. While the applicant desires to locate a haunted house at 8220 N. Austin, which is zoned M2; the Village's review of the current proposal is for all M2 areas of the Village. Based on review of zoning requirements from other Conlin Lill ities surveyed by the American Planning Association (APA), staff determined allowing entertainment as a special use in M2 would be reasonable, and would provide opportunities for adaptive reuse of industrial areas. Special use review is warranted because of the unique operations of entertainment uses which usually have different hours and parking needs than most typical M2 uses. Staff also added a phrase to the definition prohibiting alcohol at such facilities. This topic was discussed by the Plan Commission at the public hearing even though the definition was not changed at that time. Staff recommends this change. The Plan Commission recommends approval of these amendments. Building and Inspectional Services, and Community and Economic Development Departments N/A N/A These amendments will be implemented by the Director of Community Development and the Building Department in the normal course of business. Approval as presented July I I, 2011, Required -- Municipal Code Book change None Submitted by:� U� Joseph F. ride, Village Administrator Prepared by: 1 C> If, �.. _. Reviewed by ___ Teresa Hoffman Liston, Corporation Counsel John D. Said, Community and — Economic Development Director ORDINANCE 11 -26 AMENDING THE VILLAGE OF MORTON GROVE UNIFIED DEVELOPMENT CODE SECTIONS 12- 44EAND 12 -17 -1 TO ALLOW ENTERTAINMENT USES AS SPECIAL USES IN THE M2 GENERAL MANUFACTURING DISTRICT WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village continuously reviews and, as it deems necessary, updates existing Municipal Codes to assure they are kept current and relevant; and WHEREAS, the applicant, Big City Entertainment, LL,C, has made a proper application to the Plan Commission in Case No. PC 11 -07 to consider and recommend the adoption of a certain text amendment to the Vi-11-age of Morton Grove Unified Development Code, Section 12 -4 -4E and 12 -17 -1 to allow entertainment uses as special uses in the M2 General Manufacturing District; and WHEREAS, upon public notice duly published in the Morton Grove Champion Newspaper, a newspaper of general circulation n the Village of Morton Grove, which took place on June 2, 2011, and a public hearing conducted on June 20, 2011, relative to the above referenced case at which time all concerned parties were given the opportunity to present and express their views for the consideration of the Plan Commission. As a result of said hearing, the Plan Commission made certain recommendations and conditions through a report dated June 21, 2011, a copy of which is attached hereto and made a part hereof and marked as Exhibit "A "; and WHEREAS, the Corporate Authorities have concluded allowing entertainment uses as special uses with limits in the M2 General Manufacturing Zoning District is appropriate and consistent with the intent of the M2 District within the Village of Morton Grove, and is consistent with development trends within the surrounding areas of the Village of Morton Grove, and will allow for greater flexibility and creativity in the use of available land within the Village; and WHEREAS, the Corporate Authorities have considered this matter at a,public meeting and find the text amendment, when evaluated in the context of the whole Village, serves the public good. WHEREAS, the Village is desirous of assuring "all policies are kept current and relevant. NOW, THEILEFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The following section of the Unified Development Code, 12 -4 -4E, entitled "Uses" (for the M2 General Manufacturing District) is hereby amended to add the following: E. Uses: �— Categories of Use M -1 M -2 _ Entertainment Uses X S SECTION 3: The following section of the Unified Development Code, 12 -17 -1, entitled "Terms Defined" is hereby amended to add the following: 12 -17 -1: TERMS DEFINED: ENTERTAINMENT USES: An establishment that provides entertainment and /or recreational activities for a fee to visitors. Any type of adult use, gambling, intertrack wagering facility, or a use which permits the sale of alcohol is specifically excluded from this definition. SECTION 4: The Corporate Authorities, in particular the Village Clerk, are hereby authorized and directed to amend all pertinent records of the Village of Morton Grove to conform to this text amendment. SECTION 5: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this I l "' day of July 2011. Trustee DiMaiia Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill "Trustee Toth APPROVED by me this 11 °i day ofJuly Daniel :I. Staackmann, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 12`h day of July 2011. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois LeLrislative Summary Ordinance 11 -27 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ALLOW AN ENTERTAINMENT USE AT THE PROPERTY LOCATED AT 8220 N. AUSTIN Introduced: June 27, 2011 Synopsis: This ordinance will grant a special use permit to allow an entertainment use to operate at the property located at 7300 Dempster, Morton Grove, Illinois. Purpose: This property is located in the M -2 General Manufacturing District. Entertainment uses are allowed in that district only pursuant to a special use permit, subject to approval of the corresponding ordinance to this request for a test amendment to the Municipal Code. Background: The applicant, Big City Entertainment, LLC, applied for a special use permit to operate an entertainment use (Fear City) at 8220 N. Austin. A public hearing was held regarding this request before the Village of Morton Grove Plan Commission on .Tune 20, 2011. Village staff had no major concerns with the applicant's proposal. Concerned parties spoke regarding the matter. The concerns of these individuals focused on traffic, parking, location, projected visitor volume, noise, location, and potential safety issues. One person spoke in support of the project as to its creativity and use. The applicant and Commission addressed these concerns, leading to the Plan Commission unanimously recommending the Village Board grant the special use to allow an entertainment use to be known as Fear City at 8220 N. Austin which shall be subject to certain special conditions including improvements to the parking lot, and days and hours of operation Programs, Departments Building and Inspectional Services; Community and Economic Development or Groups Affected Department; Village Engineer Fiscal Impact: N/A Source of Funds: N/A Workload Impact: The special use application was processed by the Director of Community Development, and the Village Engineer, pursuant to the normal course of business. Admin Recommendation: Approval as presented. Second Reading: July 11, 2011, required Special Considerations or None Requirements: I Respectfully submitted Prepared by: Teresa 54 I1 A Wade, Village Administrator Approved by: z •— Corporation Counsel John D. Said, Community and Economic Develop Dir ORDINANCE I1 -27 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ALLOW AN ENTERTAINMENT USE AT THE PROPERTY LOCATED AT 8220 N. AUSTIN, MORTON GROVE, ILLINOIS WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its goverment affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the applicant, Big City entertainment, LLC, 4318 W. Carroll Avenue, Chicago, Illinois 60624, has made a proper application to the Plan Commission in the Village of Morton Grove under case number PCl 1-07 requesting the approval of a special use permit to operate an entertainment use at the property commonly known as 8220 N. Austin Avenue, Morton Grove, Illinois 60053: and WHEREAS, the property is located in the M -2 General Manufacturing District; and WHEREAS. Section 12 -4 -4E of the Village ofMorton Grove Unified Development Code is being amended to allow entertainment uses to be located in the M -2 General Manufacturing District pursuant to a special use permit; and WHEREAS, pursuant to the applicable provisions of the Municipal Code upon public notice duly published in the Morton Grove Champion, a newspaper of general circulation in the Village of Morton Grove which publication took place on June 2, 2011. and pursuant to the posting of a sign on the property and written notification sent to property owners within 250 feet of the subject property as required by ordinance, the Morton Grove Plan Commission held a public hearing relative to the above referenced case on June 20, 2011 . at which time all concerned parties were given the opportunity to be present and express their views for the consideration of the Plan Commission, and as result of said hearing, the Plan Commission made certain recommendations and conditions through a report dated June 21, 2011. a copy of which is attached hereto and made a part hereof and marked as Exhibit "N': and WHEREAS, the Corporate Authorities have considered this matter at a Public Meeting and find pursuant to the relevant provisions of the Village of Morton Grove Unified Development Code, that the proposed Special Use Amendment is so designed, located, and proposed to be operated that the public health, safety and welfare will be protected and will not cause substantial injury to the value of the other properties in the neighborhood in which it is located; and WHEREAS, pursuant to the provisions of the pillage ofMorton Grove Municipal Code, the Corporate Authorities have determined the Special Use Amendment as approved by the Plan Commission shall be issued subject to the conditions and restrictions as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance, as though fully set forth herein, thereby making the findings as hereinabove set forth: SECTION 2: The property located at 8220 N. Austin Avenue, Morton Grove, Illinois 60053, is hereby granted a special use permit to allow an entertainment use to be located and operated at that address subject to the following conditions and restrictions which shall be binding on the owners /lessees, occupants and users of this property, their successors and assigns for the duration of the special use: 1. The proposed Fear City facility shall be constructed and operated in accordance with the following: • Floor Plan ( "Event GroundPlan ") dated 6/6/11 by D. Efird; • Elevation Plans pp. 3 and 4 of 5, dated 6/6/11, by D. Efird; • Lighting Plan (no date) submitted (information written on plat of survey copy); and • Traffic Plan sheets A, B and C dated 06/02/11 by Ament. Inc. 2. The parking area on the subject site shall be repaved and restriped prior to issuance of a certificate of occupancy. 3. Days of operation shall be limited to 30 days, all during the month of October. 4. Hours of operation shall be limited to 7 pm to 1 I pm Sunday through Thursday nights, with the exception that on October 30 and 31 hours of operation shall be limited to 7 pm to 12 am, and 7 pm to 12 am Friday and Saturday nights. 5. Prior to release of a certificate of occupancy, the applicant shall provide specific documentation verifying Strange Engineering's authorization of use of their driveway by Fear City customers. 6. Any proposed outdoor refuse and /or recycling areas shall be provided in a solidly screened enclosure area to be approved by the I3uilding Commissioner. SECTION 4: The owners, lessees, occupants, and users of 8220 N. Austin, their successors and assigns allow employees and authorized agents of the Village of Morton Grove access to the premise at all reasonable times for the purpose of inspecting said premise to verify all terms and conditions of this special use permit have been met. SECTION 5: The special use permit is granted so long as the owner, occupant and users of this property utilize the area for the purposes as herein designated. SECTION 6: The Village Clerk is hereby authorized and directed to amend all pertinent records of the Village of Morton Grove to show and designate the special use as granted and amended hereunder. SECTION 7: The Applicant /Owner shall comply with all requirements of the Village of Morton Grove Ordinances and Codes that are applicable. SECTION 8: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this l 1 "' day of July 2011. Trustee Trustee Trustee 'Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED by me this 11 `I' day of July 2011. APPROVED and FILED in my office this 12`I' day of July 2011. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois Legis \ordA20I Auc11- 071 car OtN ATTACHMENT "A" Planning Commission To: Village President and Board of Trustees From: Ronald L. Farkas, Chairman, Plan Commission j� Date: June 21, 2011 Commission Report Legal notice for this public hearing was published in the local newspaper (Morton Grove Champion) on June 2, 2011. A public notice sign was posted on the site on June 3, 2011, and notification letters were sent to surrounding properties on June 2, 2011. On June 20, 2011, a public hearing was conducted by the Morton Grove Plan Commission after notice for this public hearing was duly provided, as noted above, for Plan Commission case PC 11- 07. PC 11 -07 consists of a request by applicant Big City Entertainment for text amendments to the Unified Development Code, and a Special Use, to allow an entertainment use (haunted 'house) in the M2 General Manufacturing District, at 8220 N. Austin. Director of Community Development and Viliage Planner John D. Said introduced the case on behalf of the Village. He reviewed details of the request, including the proposed text amendment language, the proposed haunted house's characteristics and the building and site layout. The proposed haunted house is called 'Fear City'. The applicant was represented at the hearing by Mr. Chuck Grendys of Big City, Mr. Tony Duffy, marketing consultant to Mr. Grendys, and Mr. Mark Oleson of Ament, traffic consultant. These three testified concerning the request, and Village staff Mr. Said provided an overview of the project. The testimony and overview included the following information: The subject site is 8220 N. Austin Ave., located on the west side of Austin, north of Oakton Street. The proposed tenant space for Fear City is approximately 1/3 to 1/2 of the way back along the building, with at least one tenant within the building In front of Fear City's space towards Austin Ave. and more tenants to the west of the Fear City space. The building is laid out on an east -west axis, perpendicular to Austin Ave. The site is bounded on the east by Austin Ave., with residential uses across the street, on the north and south by industrial uses, and on the west by the Milwaukee North railroad tracks (with Lehigh Ave. and industrial uses beyond the railroad tracks to the west). Feat City plans to occupy at +/- business. The facility will include a Richard T 6101 Capulina Avem 'Tel: (847) 965 -4100 39,000 square foot tenant space for their haunted house customer waiting area with vending services (warmed food, Flickinger Municipal Center ie = Morton Grove, Illinois 60053 -2985 Fax: (847) 965 -4162: soft drinks, Fear City apparel), in addition to the primary haunted house entertainment area. The applicant proposes to have the facility open a maximum of 30 days during the year for the Halloween season, with hours from 7 pm — 11 pm Monday — Thursday, and 7 pm — 12 am Friday and Saturday nights. (Discussion during the public hearing indicated that the applicant also desires to have the facility stay open until 12 am on October 30 and 31, so the conditions of approval reflect that request). Village staff provided an overview concerning the request, specifically the following items: • The proposed text amendment was researched and developed using material from the APA (American Planning Association); the definition was purposely kept general to be flexible enough to address future uses that may wish to locate in the M2 District. • The proposed definition for the Unified Development Code reads as follows: Entertainment Use; An establishment that provides entertainment and /or recreational activities for a fee to visitors. Any type of adult use, gambling, or intertrack wagering facility is specr'fically excluded from this definition, Staff proposes that this use only be allowed as a special use in the M2 District. The unique nature of entertainment uses, especially as to hours of operation, traffic patterns and other factors makes them significantly different than typical M2 businesses. At the same time, an amendment allows for future flexibility for possible adaptive re -use of industrial areas. This use's proposed operating hours, which are evenings and weekends, do not coincide with operating hours of most of the businesses in this area, which helps reduce potential traffic issues. The business activity will be limited to approximately 1 month per year, while the remaining 11 months of the year, the use will remain in place, which essentially means it will be a storage facility with minimal traffic to- and -from the business, The applicant testified concerning this request, specifically the following items: • Business projections indicated possible attendance of 20,000 over the Halloween holiday period. This translates to an average of up to 1,000 attendees per day, over a several hour period. However, traffic volume can be accommodated on local roads, and is somewhat less than other uses might generate as it is spread out over a several hour period. Also, vehicle occupancy for visitors is higher than normal, as visitors to this type of business typically do so as a group outing. • The proposed customer base will be regional in nature, with many visitors from other communities. Ticket prices will be in the $20 — 30 range for each person. No one under the age of 12 will be permitted. • Traffic and parking will be monitored by on -site parking attendants and off -duty police officers that will help direct traffic, guide visitors to the parking lots, and otherwise help maintain order of outdoor operations. • Over 250 spaces are available on the site itself, and parking agreements have been reached with adjacent property owners to the north and south, allowing a parking capacity of 400 cars. All parking will be provided free of charge. 2 Parking attendants and off -duty police will monitor possible parking off -site, especially from the adjacent residential area. Should they observe visitors walking across Austin Ave., the visitors will be instructed to return to their vehicles and park in designated areas. Fire Department recommendations will be met with appropriate sprinklers, access ways, emergency exits, and any other required improvements. After conclusion of the presentation, the Commission then posed a number of questions and comments concerning the proposal. Commission questions and applicant responses (in parentheses) are summarized as follows: ® Where are all the parking spaces provided? Are they all on -site? (Over 250 spaces will be provided on -site, with the rest from the buildings to the north and south; agreements have been reached with these buildings to use this parking during Fear City's hours of operation, which are after these businesses close.) • What days will the business be open? What about the hours of operation? (Fear City will be open approximately 21 days during October, with some additional days possible for group outings. Upon further discussion, the applicant concurred with the Commission's recommendation for a condition of approval to identify a 30 -day maximum opening period.) • Will signs be provided indicating the business and parking? Identification signs will be provided in front and on the building at the place of business, along with some temporary signs at access driveway. Attendants will also be on hand to guide drivers to parking.) • Will vending be provided? (Yes; this will consist of Fear City apparel such as hats and t- shirts, and warmed food likely from area restaurants. Soft drink service is also planned; no liquor will be served at this business.) ® What are the planned hours? (Hours will be Monday —Thursday 7 pm — 11 pm; Friday — Saturday 7 pm — 12 am. The applicant also requested an exception to allow opening until 12 am October 30 -31, no matter which days these dates are on, and the Commission agreed to this request, which is reflected in the conditions of approval.) Does Fear City anticipate opening this year? (Yes.) ® Do you see an opportunity for using this business during the other 11 months of the year? (That's not likely at this time, but if the opportunity arises, the applicant would need to return to the Plan Commission for an amendment to the special use.) During discussion, the Commission emphasized that this business, if approved, would be required to adhere to the Standards for Special Uses and the approved conditions. If the business did not meet these requirements, then the special use could be withdrawn by the Village. After Commissioner questions were concluded, any members of the public in attendance were invited to express their views on the project. They included the following individuals: Eric Poders, 7040 Foster Ave., with positive comments about the proposal; that it's a good reuse of industrial space. He mentioned that sound could be reduced by using sound absorption suspended from the ceiling (applicant responded that such equipment would block fire sprinklers, and that sound should be contained on site and within building due to layout and interior activities). • Jody McKeown, 5944 Monroe, with concerns about teenagers, property damage, volume of visitors, and bad precedent this would set. • Alison and Randy Giuffre, 5944 Monroe, with concern about parking problems, underage drinking /substance abuse, trespassing, violence, noise and traffic, • Colin Hoather of Magrabar (neighboring business at 6100 Madison Ct.), with questions concerning parking and truck traffic. • Jack Malloy, 5937 Washington, with questions about benefits of this business for Morton Grove, and concerns about emergency service requirements, and that the business should go somewhere else. • Joseph Borst, 8340 Callie, with questions about marketing, and concerns about volume of visitors. The applicant and Commissioners responded to these concerns with a number of points including the following: • The relatively higher admission price (around $25 on average) will reduce negative elements by making this site a destination. Therefore, there will not be as much "pass -by" traffic, and external issues such as criminal activity will not be as likely. • Fear City will emphasize good neighbor relations with parking attendants and off - duty police constantly monitoring traffic and parking locations, including redirecting people from parking in adjacent residential areas to the ample parking on the subject site and adjacent available lots. • The special use can be rescinded if the conditions of approval and standards for special use are not met (this was mentioned a few times during the proceedings). • The traffic volume is spread out over several weeks and several hours during each evening the business is open. Fear City staff will clean up the site on a nightly basis to maintain a clean appearance and optimal site conditions. • Vehicle occupancy will be higher for visitors to this site, as this type of business is typically seen as a destination for group outings. Findings of Fact The applicants also testified to the applicable Standards for a Special Use as specified in Sec. 12- 16-4C of the Unified Development Code. The Commission concurred with testimony from Mr. Oleson, Mr. Grendys, and Mr. Duffy, and based their decision on, these findings. The proposed use will be monitored and managed to maintain the public health, safety and welfare through its operations with parking monitoring and off -duty police assistance. The proposed use provides an additional entertainment opportunity for the public. Adjacent Properties — The Special Use should not be injurious to the use and enjoyment of other property in the imm-• for permitted in the zoning district, The proposed business will operate during hours that are not the same as the typical industrial business operating hours, which will minimize difficulties with adjacent properties and provide more use for otherwise unused areas. Parking and traffic attendants will be used to keep parking on the site. The existing property is located within the M2 General Manufacturing District, and the project is using a portion of an existing building to its fullest extent. This site and all surrounding sites are already fully developed and used, and this use does not change that status. A• access drainage oth existence necessary facilities are in or being ded The use of this existing tenant space for an entertainment use (haunted house) does not change requirements for utilities or drainage. The applicant provided a traffic and parking plan that the Commission found acceptable for this use. The applicant also testified that parking attendants and off -duty police personnel would be employed to assist with parking and traffic circulation. The applicant's business will use existing access points, and thereby will maintain the existing traffic flow pattern. The Fear City tenant space is located over 400 feet away from the nearest residential use to the east, and will use existing parking on its site and adjacent industrial sites away from the residential area, so existing buffering will be maintained as is. The proposed Special Use will be required to meet all Village Codes and Ordinances, and otherwise the proposal and the building appear to conform to applicable zoning requirements. Commission Recommendations Text Amendments: Commissioner Dorgan moved, and Commissioner Shimanski seconded, to recommend approval of the Text Amendments as requested. The motion carried: Yes 6; No 0; Absent 1 The voting: Chairman Farkas Aye Commissioner Blonz Aye Commissioner Dorgan Aye Commissioner Gabriel Aye Commissioner Ramos Absent Commissioner Roepenack Aye Commissioner Shimanski Aye Special Use: Commissioner Dorgan moved, and Commissioner Gabriel seconded, to recommend approval of the Special Use for this project. The motion carried: Yes 6; No 0; Absent 1 The voting Chairman Farkas Aye Commissioner Blonz Aye Commissioner Dorgan Aye Commissioner Gabriel Aye Commissioner Ramos Absent Commissioner Roepenack Aye Commissioner Shimanski Aye The Plan Commission's recommendation is subject to the following conditions: 1. The proposed Fear City facility shall be constructed and operated in accordance with the following: ® Floor Plan ( "Event GroundPlan ") dated 6/6/11 by D. Efird; Elevation Plans pp. 3 and 4 of 5, dated 6/6/11, by D. Efird; Lighting Plan (no date) submitted (information written on plat of survey copy); and ® Traffic Plan sheets A, B and C dated 06/02/11 by Ament, Inc. 2. The parking area on the subject site shall be repaved and restriped prior to issuance of a certificate of occupancy. 6 3. Days of operation shall be limited to 30 days, all during the month of October. 4. Hours of operation shall be limited to 7 pm to 11 pm Sunday through Thursday nights, with the exception that on October 30 and 31 hours of operation shall be limited to 7 pm to 12 am, and 7 pm to 12 am Friday and Saturday nights. 5. Prior to release of a certificate of occupancy, the applicant shall provide specific documentation verifying Strange Engineering's authorization of use of their driveway by Fear City customers. 6. Any proposed outdoor refuse and /or recycling areas shall be provided in a solidly screened enclosure area to be approved by the Building Commissioner. 7 Leuislative Summary �— Ordinance I1 -29 AN ORDINANCE AMENDING THE VILLAGE OF MORTON GROVE UNIFIED DEVELOPMENT CODE, SECTION 12 -16 -5 REGARDING PUBLIC NOTICE SIGNS FOR PUBLIC HEARINGS Introduced: July 11, 2011 Synopsis: This ordinance will approve text amendments to amend the Unified Development Code to allow general information public notice signs for public hearings. Purpose: To allow general information public notice signs for public hearings. Background: The Unified Development Code (UDC) is a comprehensive set of regulations for the zoning of land and development of parcels within the Village. Currently, the UDC specifies public hearings, public notice signs specifying date, time, location, and nature of request. The Village staff submitted a request to streamline these procedures by allowing signs with general information regarding upcoming public hearings for subject sites. This would be applicable to all future public hearings regarding planning and/or zoning approvals for properties. Based on review of other communities and the Village's home rule authority, staff determined allowing such signs would be appropriate. General signs will be more readable to the public; and they will help streamline operations for Village staff. Staff also revised the required sign posting to ten days from fifteen days. The Plan Commission recommends approval of these amendments. Programs, Departments Building and hrspectional Services and Community and Economic or Groups Affected Development Department Fiscal Impact: N/A Source of Funds: N/A Workload Impact: These amendments will be implemented by the Director of Community Development and the Building Department in the normal course of business. Admin Recommendation: Approval as presented. Second Reading: August 8, 2011, required Special Considerations or None Requirements: Respectfully submitted: e_N, .Joseph Wage, Village Administrator Prepared by:_ Approved by:�� Teresa lloffman Liston, Corporation Counsel John D. Said, Community and Economic Develop Dir Ordinance 11 -29 AMENDING THE VILLAGE OF MORTON GROVE UNIFIED DEVELOPMENT CODE SECTION 12 -16 -511 REGARDING PUBLIC NOTICE SIGNS WHEREAS, the Village of Morton Grove (VILLAGE), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the Village continuously reviews and, as it deems necessary, updates existing Municipal Codes to assure they are kept current and relevant; and WHEREAS, the applicant, the Village of Morton Grove, has made a proper application to the Plan Commission in Case No. PC 11 -06 to consider and recommend the adoption of certain text amendments to the Village of Morton Grove Unified Development Code, Section 12 -16 -513 regarding public notice signs; and WHEREAS, upon public notice duly published in the Morton Grove Champion Newspaper, a newspaper of general circulation n the Village of Morton Grove, which took place on June 2, 2011, and a public hearing conducted on June 20, 2011, relative to the above referenced case at which time all concerned parties were given the opportunity to present and express their views for the consideration of the Plan Commission. As a result of said hearing, the Plan Commission made certain recommendations and conditions through a report dated .Tune 29, 2011, a copy of which is attached hereto and made a part hereof and marked as Exhibit "A "; and WHEREAS, the Corporate Authorities have concluded providing general announcement public notice signs for public hearings ten days before the hearing is appropriate and consistent with the intent of public notice requirements of the Village of Morton Grove's Unified Development Code, and is consistent with the Village's home rule authority, and will allow for greater visibility of such signs by the public; and WHEREAS, the Corporate Authorities have considered this matter at a public meeting and find the text amendment, when evaluated in the context of the whole Village, serves the public good. WHEREAS, the Village is desirous of assuring all policies are kept current and relevant. NOW, THEREFORE BE IT ORDAINED BY THE PRESIDENT AND BOARD OF "TRUSTEES OF TIIE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS AS FOLLOWS: SECTION l: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance as though fully set forth therein thereby making the findings as hereinabove set forth. SECTION 2: The following section of the Unified Development Code, 12- 16 -513, entitled "Public Hearings" is hereby amended to read as follows: 12 -16 -5: PUBLIC HEARINGS: B. Notice: The building department shall give notice of public hearings for the plan commission and zoning board of appeals in the form and manner as described below, and to the persons identified below: 1. Content: All notices by newspaper and mail shall include the date, time, and place of the public hearing, the purpose of the hearing, and the address or location of the property involved. 2. Newspaper Publication: Notice of all zoning board of appeals /plan commission cases shall be published in a newspaper with general circulation in the village at least once no less than fifteen (15) days nor more than thirty (30) days before the hearing date. 3. Mail: Notice by regular United States mail shall be sent to all owners of property within two hundred fifty feet (250') of the subject property (100 feet for zoning board of appeals cases involving single- or two - family residences), such notice to be postmarked not less than fifteen (15) days nor more than thirty (30) days before the hearing date. 4. Signs: Signs shall be erected on the property which is the subject of the public hearing, indicating that an upcoming public hearing will be held concerning the property. Such signs shall be conspicuously displayed at least ten (10) days before the public hearing and shall be removed upon the rendering of a decision by the body in question. (Sign size shall be a minimum of 18 inches by 24 inches.) SECTION 3: The Corporate Authorities, in particular the Village Clerk, are hereby authorized and directed to amend all pertinent records of the Village of Morton Grove to conform to this text amendment. SECTION 4: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this 8° day of August 2011. Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Goinberg Grear Marcus Thill Toth APPROVED by me this 8 °i day of August 2011 Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 9`" day of August 2011. "Cony S. Kalogerakos, Village Cleric Village of Morton Grove Cook County, Illinois Exhibit "A" To: Village President and Board of Trustees f ! From: Ronald L. Farkas, Chairman, Plan Commission Date: June 29, 2011 Re: Plan Commission Case PC11 -06; Request for Text Amendments to the Unified Development Code regarding public notice signs Commission Report Legal notice for this public hearing was published in the local newspaper (Morton Grove Champion) on June 2, 2011. As this request is for a text amendment, not a request for a specific site, no public notice signs or notification letters were required. On June 20, 2011, a public hearing was conducted by the Morton Grove Plan Commission after notice for this public hearing was duly provided, as noted above, for Plan Commission case PC 11- 06. PC 11 -06 consists of a request by applicant Village of Morton Grove for text amendments to the Unified Development Code, regarding public notice signs. Public notice signs are required to be posted at the sites of upcoming public hearings for planning and /or zoning requests. Director of Community Development and Village Planner John D. Said introduced the case on behalf of the Village as applicant. He reviewed the details of the request, including the proposed text amendment language, and the background for this proposal. Mr. Said explained that the request consists of text amendments to Section 12 -16 -5 of the Unified Development Code to allow modifications to public notice signs. The Village's proposed amendments would allow these signs to include general information announcing that the location is the subject of an upcoming public hearing, and providing contact information. The signs would no longer require specific date, time and request information. Signs with a general announcement are much more readable to the public, especially at a distance, and to traffic (which often passes sites at relatively high speeds). Further, such signs can be produced by the Village's sign shop (Public Works Dept.), and used again and again for new projects. The revised time frame (10 days from 15 days) is consistent with other public notice signs in other communities, and it provides the necessary latitude for the Village to have such signs installed in a timely manner. Mr. Said further explained that the changes would also allow Village Staff to streamline procedures related to the public notice signs. Currently, individual signs are required to be prepared using several steps involving four departments (Building, Community Development, Police and Public Works). The proposed use of general information signs means that a limited number of signs are needed, and these can be used again and again at all sites where planning and zoning approvals are requested. Mr. Said concluded by noting that Village Staff has observed public hearing "general information" signs in use in other communities around the region, and the ten -day notification period is common practice throughout the region. Authorization and use of such signs is allowed based on the Village's powers and duties as a home -rule community. Upon conclusion of Mr. Said's presentation, Commissioners had no specific questions concerning this request, other than to express their support for the requested changes. Findings of Fact Pursuant to Sec. 12 -16 -4 —E of the UDC, the amendment process "is intended as a tool to adjust the provisions of this Code.... whenever new conditions, situations or knowledge of general significance or application occurs. It is not intended to relieve particular hardships nor to confer special privileges or rights." The proposed change does not confer special privileges or rights; in fact it is intended to provide increased public awareness of zoning requests. The Commission concurred that the proposed text amendment adheres to these provisions as specified in the Unified Development Code, Commission Recommendation Commissioner Roepenack moved, and Commissioner Shimanski seconded, to recommend approval of the Text Amendments as requested. The motion carried: Yes 6; No 0; Absent i The voting: Chairman Farkas Aye Commissioner Blonz Aye Commissioner Dorgan Aye Commissioner Gabriel Aye Commissioner Ramos Absent Commissioner Roepenack Aye Commissioner Shimanski Aye 2 Legislative Summary Ordinance 11 -30 GRANTING AN AMENDMENT TO THE SPECIAL USE PERMIT FOR THE PROPERTY LOCATED AT 5520 LINCOLN AVE,, MORTON GROVE, ILLINOIS FOR A REVISED LANDSCAPE PLAN Introduced: July 11, 2011 Synopsis: To grant an amendment to the special use permit for the property located at 5520 Lincoln Ave. for a revised landscape plan for the assisted living facility at this location (North Grove Manor). Purpose: The Unified Development Code requires an amendment to the special use permit when minor revisions of this nature are proposed to existing special uses. Background: In 2009, pursuant to Ordinance 09 -36, the Corporate Authorities approved a special use permit for an assisted living facility to be constructed at 5520 Lincoln Ave. Ordinance 09 -36 included a condition of approval (condition 42) specifying construction in accordance with the previous landscape plan. The applicant, Ganther Construction (on behalf of Madco, LLC), now returns with this request, which consists of a revised landscape plan for this property, including different plantings and a children's play area. These changes are proposed to enhance the appearance of the project, which is now under construction. Pursuant to the Unified Development Code, adopted pursuant to Ordinance 07 -07, such minor changes can be approved without the need of going through a full formal Plan Commission process, so long as the amendment has been approved by the Village Administrator, Corporation Counsel, Building Commissioner, and Plan Commission Chairperson. All these officials have approved the proposed amendment. Approval ofthis ordinance will formally grant the amendment to the special use permit subject to certain conditions set forth in the Ordinance. Programs, Departs Building and Inspectional Services, Community and Economic Development Department or Groups Affected Fiscal Impact: N/A Source of Funds: N/A Workload Impact: I This special use amendment was processed by the Director of Community Development and the Village Attorney pursuant to the normal course of business_ Admin Recommend: Approval as presented. Second Reading: Required Special Consider All other previous Conditions of Approval fi'on Ordinance 09 -36 remain in effect. or Requirements: Respectfully submitted: _ �l d` t,E�°84 _ Jose" i E. u ade, V illage Administrator Prepared by: John D. Said, Community and Economic Development Director Reviewed by: Teresa Hoffman Li Counsel Ordinance 11 -30 AN ORDINANCE GRANTING AN AMENDMENT TO THE SPECIAL. USE PERMIT FOR THE PROPERTY LOCATED AT 5500 LINCOLN AVENUE, MORTON GROVE, ILLINOIS FOR A REVISED LANDSCAPE PLAN WHEREAS, the Village of Morton Grove, located in Cook County, Illinois, is a Home Rule unit of government and under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, and as such can exercise any power and perform any function pertaining to its government affairs, including but not limited to, the power to tax and incur debt; and WHEREAS, in 2009, pursuant to Ordinance 09 -36, a special use permit for construction of an assisted living facility on the property at 5520 Lincoln Avenue was approved by the Village Board; and WHEREAS, the applicant, Ganther Construction on behalf of Madco, LLC; pursuant to Plan Commission Case PC I 1 -09 has made proper application to the Village of Morton Grove for a minor amendment to the special use permit previously granted to allow for revised landscaping with a children's playground area; and WHEREAS, pursuant to Ordinance 07 -07 the Village adopted a Unified Development Code which set forth an abbreviated procedure for minor revisions to special use permits which allows for the granting of such minor amendments without a formal grant process upon the approval of the Village Administrator, Corporation Counsel, Building Commissioner and Plan Commission Chairperson; and WHEREAS, the Village Administrator, Corporation Counsel, Building Commissioner and Plan Commission Chairperson have approved the proposed amendment and have found such amendment with certain conditions as set forth in this ordinance, meets the standard for the abbreviated process described above; and WHEREAS, the property is zoned in the CR "Commercial /Residential" District pursuant to the provisions of the Village of Morton Grove Unified Development Code; and WFIEREAS, pursuant to the provisions of the Village of Morton Grove Unified Development Code, the Corporate Authorities have determined the proposed amendment to the special use shall be approved subject to conditions and restrictions as set forth herein. NOW, THEREFORE„ BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE_, COOK COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance, as though fully set forth herein, thereby making the findings as hereinabove set forth. SECTION 2: Ganther Construction is hereby granted an amendment to the special use permit previously granted pursuant to Ordinance 09 -36 for an assisted living facility, subject to the following condition and restrictions which amends condition 2 From Ordinance 09 -36: 2. The proposed assisted living facility be constructed in accordance with the elevations dated November 2, 2009, and the landscape plan dated April 13, 2011; SECTION 3: Tire Village Clerk is hereby authorized and directed to amend all pertinent records of the Village of Morton Grove to show and designate the special use permit as amended hereunder. SECTION 4: The Applicant /Owner shall comply with alt applicable requirements of the Village of Morton Grove Ordinances and Codes. SECTION 5: This Ordinance shall be in fill] force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this 8`' day of August 2011. Trustee Trustee "Trustee Trustee Trustee Iustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED by me this 8 °i day of August 2011. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 9 "' day of August 2011. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary Ordinance 1331 AN ORDINANCE GRANTING A SPECIAI. USE PERMIT TO ALLOW AN ADULT DAY CARE FACILFFY AT THE PROPERTY LOCATED AT 6027 DEMPSTER Introduced: July 11, 2011 Synopsis: This ordinance will grant a special use permit to allow an adult day care facility to operate at the property located at 6027 Dempster, Morton Grove, Illinois. Purpose: "Phis property is located in the C -1 General Commercial District. Adult day I care are allowed in that district only pursuant to a special use permit. Background: The applicant, David Kim for IIyun Sook Kim, applied for a special use permit to operate an adult day care (super senior center) at 6027 Dempster. A public hearing was held regarding this request before the Village of Morton Grove Plan Commission on June 20, 2011. Village staff had no major concerns with the case and one interested or concerned party spoke regarding the matter, regarding screening. A majority of the Plan Commission recommended, subject to certain special conditions including parking garage removal, and compliance with the Village's fire safety ordinances, the Village Board grant the special use to allow an adult day care facility (Super Senior Center) at 6027 Dempster. Programs, Departments Building and Inspectional Services; Community and Economic Development or Groups Affected Department; Village Engineer Fiscal Impact: N/A Source of Funds: N/A Workload Impact: The special use application was processed by the Director of Community Development, and Village Engineer, pursuant to the normal course of business. Admin Recommendation: Approval as presented. Second Reading: August 8, 2011, required Special Considerations or None Requirements: Respectfully Submitted: � Jose F. W 1de, Village Administrator prepared by: _ ___ Approved by: t Teresa Hoffman Liston, Corporation Counsel John D. Said, Community and Economic Develop Dir Ordinance 11 -31 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ALLOW ADULT DAY CARE AT THE PROPERTY LOCATED AT 6027 DEMPSTER, MORTON GROVE, ILLINOIS WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the applicant, David Kim (for Hyun Sock Kim), 4310 Regency Drive, Glenview, Illinois 60025, has made a proper application to the Plan Commission in the Village of Morton Grove under case number PC 11-05 requesting the approval of a special use permit to operate an adult day care at the property commonly known as 6027 Dempster, Morton Grove, Illinois 60053; and WHEREAS, the property is located in the C -1 General Commercial District; and WIIEREAS, Section 12 -4 -31) of the Village of Morton Grove Unified Development Code allows adult day care uses in the C -2 General Commercial District; and WIIEREAS, pursuant to the applicable provisions of the Municipal Code upon public notice duly published in the Morton Grove Cha npion, a newspaper of general circulation in the Village of Morton Grove which publication took place on June 2, 2011, and pursuant to the posting of a sign on the property and written notification sent to property owners within 250 feet of the subject property as required by ordinance, the Morton Grove Plan Commission held a public hearing relative to the above referenced case on June 20, 2011, at which time all concerned parties were given the opportunity to be present and express their views for the consideration of the Plan Commission, and as result of said hearing, the Plan Commission made certain recommendations and conditions through a report dated June 29, 201 1, a copy of which is attached hereto and made a part hereof and marked as Exhibit "A "; and WIIEREAS, the Corporate Authorities have considered this matter at a Public Meeting and find pursuant to the relevant provisions of the Village o%Morton Grove Unified Development Code, that the proposed Special Use Amendment is so designed, located, and proposed to be operated that the public health, safety and welfare will be protected and will not cause substantial injury to the value of the other properties in the neighborhood in which it is located; and WHEREAS, pursuant to the provisions of the Village of Morton Grove Municipal Code, the Corporate Authorities have determined the Special Use Amendment as approved by the Plan Commission shall be issued subject to the conditions and restrictions as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDENT AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: 'The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance, as though fully set forth herein, thereby making the findings as hereinabove set forth: SECTION 2: The property located at 6027 Dempster, Morton Grove, Illinois 60053, is hereby granted a special use permit to allow an adult day care to be located and operated at that address subject to the following conditions and restrictions which shall be binding on the owners /lessees, occupants and users of this property, their successors and assigns for the duration of the special use: The Senior Center shall adhere to all applicable Fire and Building Code requirements. The exit out of the parking lot shall be signed with a no left turn restriction. Handicapped parking shall be provided in the parking lot to adhere to the Illinois Accessibility Code. 4. The parking space immediately in front of the store shall be limited to shuttle van parking only, and shall be signed as such. 5. Garbage pickup shall be limited to the rear alley area. SECTION 3: The owners, lessees, occupants, and users of 6027 Dempster, their successors and assigns allow employees and authorized agents of the Village of Morton Grove access to the premise at all reasonable times for the purpose of inspecting said premise to verify all terms and conditions of this special use permit have been met. SECTION 4: The special use permit is granted so long as the owner, occupant and users of this property utilize the area for the purposes as herein designated. SECTION 5: The Village Clerk is hereby authorized and directed to amend all pertinent records of the Village of Morton Grove to show and designate the special use as granted and amended hereunder. SECTION 6: The Applicant /Owner shall comply with all requirements of the Village of Morton Grove Ordinances and Codes that are applicable. SECTION 7: This Ordinance shall be in full force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this 8"' day of August 2011. Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED by me this 8`' day of August 2011. Daniel J. Staackmann, Village President Village ol'Morton Grove Cook County, Illinois APPROVED and FILED in my office This 9"' day of August 2011. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Exhibit "A" To: Village President and Board of Trustees ; From: Ronald L. Farkas, Chairman, Plan Commission t Date: June 29, 2011 Re: Plan Commission Case PC11 -O5p Request for Special Use for a Senior Center (Adult Day Care) at 6027 WE Dempster Commission Report Public Notice was provided for the public hearing for this request in accordance with applicable requirements. A public notice was published in the local newspaper (Morton Grove Champion) on June 2, 2011. A public notice sign was posted on the site on June 3, 2011, and notification letters were sent to surrounding properties on June 2, 2011. On June 20, 2011, a public hearing was conducted by the Morton Grove Plan Commission after notice for this public hearing was duly provided, as noted above, for Plan Commission case PC 11- 05. PC 11 -05 consists of a request by applicant Hyun Sook Kim for a Special Use to allow a senior citizen center (adult day care) in the C1 General Commercial District. Director of Community Development and Village Planner John D. Said introduced the case on behalf of the Village. He reviewed details of the request, including the proposed business, site, and operations. The subject site is a strip center on the south side of Dempster containing eight tenant spaces (with addresses from approximately 6017 to 6033 Dempster), located between School Street and Austin Ave. The applicant proposes to renovate the existing social activities and classes. The space is to be visitors during the first year, with an ultimate m about 1000 square feet, with an open area in kitchen, and restrooms. A shuttle van will residences and the senior center. tenant space for a senior lounge for a variety of open weekdays from 10 am to 4 pm, with 10 -15 =_mbership goal of 25. The tenant space contains front (for classes and social activities), a small be used to transport members between their The applicant was represented at the hearing by Mr. David Kim and Ms. Janice Kim. David and Janice testified concerning this request. The testimony and overview included the following information: • Members of this facility will go through a rigorous screening. The average number of members staying at the center is 10 -15, there would be 2 employees, and business hours would be between 10:00 am to 4:00 pm. • The programs they would have are education, various activities, fellowship, reading newspapers, books, magazines, snacks, medical assistance. Medical doctors, physical therapy, dialysis, medical center, home health agency, medical equipment, Filipino food catering, and a barbershop are available in that shopping center. • Transportation: scheduled transportation to and from the senior center is provided to each member by shuttle bus provided by senior center. There will also be a door to door pick up will also be provided several times a day by special request. Individual drop off /pickup by family members will not be allowed. • Traffic impact analysis: Existing parking spaces: 17; number of stores: 5; number of employees: 2; number of shuttle buses: 1; required parking space for visiting senior members, 0. Mr. Kim showed a picture of the location of the center. • Mr. Kim stated they would put in low profile lighting in the parking lot. After conclusion of the presentation, the Commission then posed a number of questions and comments concerning the proposal. Commission questions and applicant responses (in parentheses) are summarized as follows: • Will the shuttle have a wheelchair access lift? (Most senior center members are expected to be able to get in and out without such a lift. Assistance will be provided to those that require it.) • Parking supply and demand, and size of the van. (The applicant stated they have five parking spaces and would only take up three of them. The applicant also conducted a parking review at various times during days and evenings for a week, and found maximum occupancy of 7 spaces in this 16 -space lot. Staff noted that Village requirements do not specify numbers for adult day care, and that parking for such uses is subject to Plan Commission review as part of the special use request. Staff also noted that the overall parking supply for the center was considered legal non - conforming.) • What if more than 15 people want to join the center? (If more people wish to join, different schedules would be arranged so that no more than 15 people would use the center at one time, due to limited capacity of the facility.) • State regulations for this use. (The applicant noted that they had to apply to the Illinois Department of Public Health (IDPH) and Department of Aging, who would then send out case manager and review applicants for acceptance into the center. This would be a Medicaid Program, The State would reimburse the center for the membership fees.) There were no interested parties to speak regarding this proposal. Findings of Fact The Commission agreed that the proposed use meets the applicable Standards for a Special Use as specified in Sec. 12 -16 -4C of the Unified Development Code, and based their decision on these findings. 2 Pre - servation of Health, Safety, Morals and Welfare — The establishment, s. e , The proposed use will be managed to maintain the public health, safety and welfare, and is likely to support and improve public health, as it provides services and activities for senior citizens. Adjacent ). property enjoyment of other permitted ic zoning the district. The proposed use will be entirely located within the designated tenant space, will require limited parking and is compatible with other uses in the plaza. Therefore, the proposed special use has no appreciable impact on surrounding properties. The existing property is located within the C1 General Commercial District, and the project is using an existing area in front of the existing building without impacting surrounding properties. r /A'ii plans to locate in an existing Adequate utilities, access roads, drainage oth necessary facilities are in existence or are being provided, I This proposed use plans to locate in an existing building and use existing parking, so there will be no changes to utilities or drainage. The applicant testified that a shuttle van will be used to transport residents to and from the senior center, thereby reducing traffic on roadways. Drop -off /pickup by family members will not be allowed. The proposed use is locating in an existing space, and all surrounding properties are developed. Therefore no additional screening or buffering is necessary. 7. Conformance to • respects, conform to applicable provisions of this Ordinance or amendments thereto, 3A1, may be considered b - Plan Commission and the Village Board of Trustees as a part of .rte permit, The proposed Special Use will be required to meet all Village Codes and Ordinances. Commission Recommendation Commissioner Roepenack moved, and Commissioner Dorgan seconded, to recommend approval of the Special Use as requested. The motion carried: Yes 6; No 0; Absent 1 The voting: Chairman Farkas Aye Commissioner Blonz Aye Commissioner Dorgan Aye Commissioner Gabriel Aye Commissioner Ramos Absent Commissioner Roepenack Aye Commissioner Shimanski Aye The Plan Commission's recommendation is subject to the following conditions: 1. The Senior Center shall adhere to all applicable Fire and Building Code requirements. 2. The exit out of the parking lot shall be signed with a no left turn restriction. 3. Handicapped parking shall be provided in the parking lot to adhere to the Illinois Accessibility Code. 4. The parking space immediately in front of the store shall be limited to shuttle van parking only, and shall be signed as such. 5. Garbage pickup shall be limited to the rear alley area. 4 Legislative Summary Ordinance 11 -32 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ALLOW OPEN SALES AT THE PROPERTY LOCATED AT 7220 DEMPS'I'ER (PRODUCE WORLD) Introduced: 1 July 11. 2011 Synopsis: This ordinance will grant a special use permit to allow an outside display (open sales) at the property located at 7220 Dempster, Morton Grove, Illinois. Purpose: This property is located in the C -1 General Commercial District. Open Sales are allowed in that district only pursuant to a special use permit. Background: The applicant, Hector Rodriguez for Produce World, applied for a special use permit to operate an outside display area (open sales) at 7220 Dempster (Village Plaza). A public hearing was held regarding this request before the Village of Morton Grove Plan Commission on June 20, 2011. Village staff had no major concerns with the case and one interested or concerned party spoke regarding screening. A majority of the Plan Commission recommended, subject to certain special conditions including compliance with the Village's fire safety ordinances, the Village Board grant the special use to allow this outside display (open sales) to be known as Produce World within the Village Plaza shopping center. Programs, Departments Building and Inspectional Services; Community and Economic Development or Groups Affected I Department; Village Engineer Fiscal Impact: N/A Source of Funds: N/A Workload Impact: The special use application was processed by the Director of Community Development, and Village Engineer, pursuant to the normal course of business. Admin Recommendation: Approval as presented. Second Reading: August 8, 2011, required Special Considerations or I None Requirements: Respectfully Submitted: 1 )Se I ade, Village Administrator Prepared by: ✓ '5� ' �^— _ Approved by:_����� 1 Teresa Hoffmaa' 1 sfon, Corporation Counsel John D. Said, Community and Economic Develop Dir Ordinance 11 -32 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ALLOW AN OPEN SALES (OUTSIDE DISPLAY) AT THE PROPERTY LOCATED AT 7220 DEMPSTER, MORTON GROVE, ILLINOIS (PRODUCE WORLD) WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a home rule unit of government under the provisions of Article 7 of the 1970 Constitution of the State of Illinois, can exercise any power and perform any function pertaining to its government affairs, including but not limited to the power to tax and incur debt; and WHEREAS, the applicant, Hector Rodriguez for Produce World, 7220 Dempster, Morton Grove, Illinois 60053, has made a proper application to the Plan Commission in the Village of Morton Grove under case number PC 11-04 requesting the approval of a special use permit to operate open sales (outside display area) at the property commonly known as 7220 Dempster, Morton Grove, Illinois 60053; and WHEREAS, the property is located in the C -1 General Commercial District; and WHEREAS, Section 12 -4 -31) of the Village of Morton Grove Unified Development Code allows open sales as a special use in the C -I General Commercial District; and WHEREAS, pursuant to the applicable provisions of the Municipal Code upon public notice duly published in the Morton Grove Champion, a newspaper of general circulation in the Village of Morton Grove which publication took place on June 2, 2011, and pursuant to the posting of a sign on the property and written notification sent to property owners within 250 feet of the subject property as required by ordinance, the Morton Grove Plan Commission held a public hearing relative to the above referenced case on June 20, 2011, at which time all concerned parties were given the opportunity to be present and express their views for the consideration of the Plan Commission, and as result of said hearing, the Plan Commission made certain recommendations and conditions through a report dated June 29, 2011, a copy of which is attached hereto and made a part hereof and marked as IE,xlfibit "X ; and WHEREAS, the Corporate Authorities have considered this matter at a Public Meeting and find pursuant to the relevant provisions of the Village of Morton Grove Unified Development Code, that the proposed Special Use Amendment is so designed, located, and proposed to be operated that the public health, safety and welfare will be protected and will not cause substantial injury to the value of the other properties in the neighborhood in which it is located; and WHEREAS, pursuant to the provisions of the Village of Morton Grove Municipal Code, the Corporate Authorities have determined the Special Use Amendment as approved by the Plan Commission shall be issued subject to the conditions and restrictions as set forth herein. NOW, THEREFORE, BE IT ORDAINED BY THE PRESIDEN "T AND BOARD OF TRUSTEES OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, AS FOLLOWS: SECTION 1: The Corporate Authorities do hereby incorporate the foregoing WHEREAS clauses into this Ordinance, as though filly set forth herein, thereby making the findings as hereinabove set forth: SECTION 2: The property located at 7220 Dempster, Morton Grove. Illinois 60053, is hereby granted a special use permit to allow open sales (outside display area) to be located and operated at that address subject to the following conditions and restrictions which shall be binding on the owners /lessees, occupants and users of this property, their successors and assigns for the duration of the special use: 1. The shopping center shall have signs and striping to designate a fire lane subject to the approval of the Village's Fire Department. 2. Access to fire suppression areas, including the knox box and sprinkler room, shall be maintained subject to the Fire Department approval. 3. Unless otherwise approved in writing by the Village Administrator, the proposed outdoor display area shall be installed and maintained in accordance with the plan view and perspective attached hereto as Exhibit' fB" SECTION 3: The owners, lessees, occupants, and users of 7220 Dempster, their successors and assigns allow employees and authorized agents of the Village of Morton Grove access to the premise at all reasonable times for the purpose of inspecting said premise to verify all terms and conditions of this special use permit have been met. SECTION 4: The special use permit is granted so long as the owner, occupant and users of this property utilize the area for the purposes as herein designated. SECTION 5: The Village Clerk is hereby authorized and directed to amend all pertinent records of the Village of Morton Grove to show and designate the special use as granted and amended hereunder. SECTION 6: The Applicant/Owner shall comply with all requirements of the Village of Morton Grove Ordinances and Codes that are applicable. SECTION 7: This Ordinance shall be in full force and erect from and after its passage, approval and publication in pamphlet form according to law. PASSED this 8`' day of August 2011. Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Loth APPROVED by me this 8 "' day of August 2011. Daniel J. Staackmamr, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office This 9"' day of August 2011. "Pony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Exhibit "A" Re: Plan Commission . for Special Use for Outsi Display (Open Sales) 1 Dempster (• .. - . Produce World) Commission Report Legal notice for this public hearing was published in the local newspaper (Morton Grove Champion) on June 2, 2011. A public notice sign was posted on the site on June 3, 2011, and notification letters were sent to surrounding properties on June 1, 2011. On June 20, 2011, a public hearing was conducted by the Morton Grove Plan Commission after notice for this public hearing was duly provided, as noted above, for Plan Commission case PC 11- 04. PC 11 -04 consists of a request by applicant Hector Rodriguez for Produce World for a Special Use to allow outdoor display (Open Sales) in the C1 General Commercial District. Director of Community Development and Village Planner John D. Said introduced the case on behalf of the Village. He reviewed details of the request, including the proposed layout of the outside display and some related information about the Produce World store and the Village Plaza shopping center. The applicant was represented at the hearing by Mr. Art Holland (architect) and Mr. Steve Pavlopoulos (co -owner of Produce World). Mr. Holland testified concerning the request, with supplemental information provided by Mr. Said, Mr. Said explained that Produce World is relocating to Village Plaza Shopping Center, at the northwest corner of Dempster and Harlem. Their tenant space is in the eastern part of the shopping center, formerly occupied by Old Navy and immediately west of Pet Supplies 'Plus'. Mr. Said provided further details about the request, by noting that Produce World proposes to install outdoor display areas along a portion of the front of their building, under the existing canopy. Sales for the items to be displayed outside will occur indoors, which is a typical arrangement for many grocery stores displaying seasonal items outside. The outdoor display will extend about 3' out from the building, which is about the same depth as a row of shopping carts. The display consists of portable display tables set along the front of the building. Mr. Said emphasized that the Produce World store as a whole does not require a Special Use, as a retail food /grocery store of this type is an allowed use in the C1 District. Rather, the requested approval (and therefore Village zoning review) is limited to the proposed outdoor display. Mr. Holland then testified regarding the display, site circulation, and overall layout. After conclusion of the comments from Village Staff and the applicants, the Commission then posed some questions and comments concerning the proposal. These are summarized as follows, with responses in parentheses. • Do the dimensions in the plans match the dimensions noted in the presentation? (Yes, they do.) • How will the shopping carts be maintained to prevent them from blocking Fire Department access? (There will be a storefront corral and bumper stop to keep the carts in their designated storage area.) After Commissioner questions were concluded, any members of the public in attendance were invited to express their views on the project. This included the following individual: Dan Obradovich, 8901 Oconto, with concerns about delivery times and screening behind the store, complaining that the chain -link fence with privacy slats is in disrepair, and doesn't provide adequate screening between his home and the shopping center. (Applicant responded that deliveries are limited to 7 am to 5 pm, and that the fencing includes screening slats, and that the fencing, which extends the entire length of the center, is the owner's responsibility.) There were no other interested parties. Findings of Fact The applicants also testified to the applicable Standards for a Special Use as specified in Sec. 12- 16-4C of the Unified Development Code. A majority of the Commission concurred with the applicant's testimony, and based their decision on, these findings. The proposed use will be monitored and managed to maintain the public health, safety and welfare through its operations with parking monitoring and off -duty police assistance. The proposed use simply consists of outdoor displays in front of a grocery store. The proposed display requiring special use is limited to the front of the store facing Dempster Street, and the proposed grocery store does not require a special use. Therefore, the proposed special use has no appreciable impact on surrounding properties. Orderly Development — The establishment of the Special Use will not impede normal and orderly development or impede the utilization of surrounding property for uses permitted in the zoning district, The existing property is located within the C1 General Commercial District, and the project is using an existing area in front of the existing building without impacting surrounding properties. 4. Adequate Facilities — Adequate utilities, access roads, drainage and other necessary facilities are in existence or being • . ,.., ,. The use of this location for outdoor display does not change requirements for utilities or drainage. The applicant identified pedestrian circulation, crosswalks, traffic and parking information during their testimony. The existing traffic and pedestrian circulation is all contained on the site, not on adjacent streets, and on -site circulation is expected to operate like a conventional retail grocery store operation. The proposed display requiring special use is limited to the front of the store facing Dempster Street, and the proposed grocery store does not require a special use. A fence with screening slats and trees are provided behind the property. Chairman Farkas expressed his concern that the requirement for adequate buffering was not met. The proposed Special Use will be required to meet all Village Codes and Ordinances, and otherwise the proposal and the building appear to conform to applicable zoning requirements. Commission Recommendation Commissioner Roepenack moved, and Commissioner Shimanski seconded, to recommend approval of the Special Use as requested. The motion carried: Yes 5; No 1; Absent 1 The voting: Chairman Farkas No Commissioner Blonz Aye Commissioner Dorgan Aye Commissioner Gabriel Aye Commissioner Ramos Absent Commissioner Roepenack Aye Commissioner Shimanski Aye The Plan Commission's recommendation is subject to the following conditions: 1. The shopping center shall have signs and striping to designate a fire lane subject to the approval of the Village's Fire Department. 2. Access to fire suppression areas, including the knox box and sprinkler room, shall be maintained subject to the Fire Department approval. 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