Loading...
HomeMy WebLinkAbout2011-11-14 AgendaAGENDA VILLAGE OF MORTON GROVE MEETING OF THE BOARD OF TRUSTEES TO BE HELD AT THE RICHARD T. FLICKINGER MUNICIPAL CENTER November 14, 2011 7:00 pm 1. Call to Order 2. Pledge of Allegiance 3. Roll Call 4. Approval of Minutes - Regular Meeting of October 24, 2011 Special Meeting of October 25, 2011 5. Special Reports a. Plan Commission Report PC 1 -10 Requests a Text Amendment to the Village of Morton Grove Unified Development Code Along with a Special Use Permit for an Auto Glass Repair /Replacement Facility at the Address Commonly Known as 8910 Waukegan Road to be Presented by Plan Comm ission /Z,oning Board of Appeals Chairperson Ron Farkas b. Plan Commission Report PC11 -11 Requests a Text Amendment to the Village of Morton Grove Unified Development Code Along with a Special Use Permit for Club and Lodges Uses at the Address Commonly Known as 6419 Chestnut to be Presented by Plan Commission /Zoning Board of Appeals Chairperson Ron Farkas 6. Public Hearings 7. Residents' Comments (agenda items only) 8. President's Report -- Administration, Northwest Municipal Conference, Council ofMayors, TIT' Committee, Capital Projects, Real Estate Committee a. Commission/Board appointment is requested as follows: Appointment Finance Advisory Commission Ed Ramos 9. Clerk's Report- Legal, Cable and Telecommunications Commission 10. Staff Reports a. Village Administrator b. Corporation Counsel 11. Reports by Trustees a. Trustee DiMaria — Fire Department, Emergency Management Agency, RED Center, NIPSTA, Police and Fire Commission (Trustee Grear) b. Trustee Gomberg — Police Department, Environmental health, Police and Fire Commission, IT Communications (Trustee Marcus) c. Trustee Grear — Community and Economic Development Deparoneni, Chamber of Commerce, Waukegan Road TIF Review, Lehigh'Ferris TIF Revieiv, Dempster ,Street Corridor Plan, Real Estate Committee, Comprehensive Plan, Economic Development (Trustee DiMaria) d. TrusteeMarcus — Public Works Department, Condominium Association, CornmunityRelations Commission, Solid Waste Agency of Northern Cook County, Natural Resource Conuni.ssion, Traffic Sgfety Commission (Trustee Thill) 1) Ordinance 11 -34 (Introduced Sept 12, 2011) (Reconsidered and Tabled October 24, 2011) Amending Title 5, Chapter 13, Article E, Section 1 Entitled "Streets and Alleys Designated as One -Way" of the Municipal Code 2) Ordinance 11-40 (Introduced November 14, 2011) (First Reading) Providing for the Submission to the Electors of the Village the Question Whether the Village Should Have the Authority Under Public Act 096 -0176 to Arrange for the Supply of Electricity for its Residential and Small Commercial Retail Customers Who Have Not Opted Out of Such a Program e. Trustee Thill -- Building Department, Appearance Commission, Capital Projects, Plan Commission /Zoning Board q/ Appeals (Trustee Toth) 1) Ordinance 11 -41 (Introduced November 1.1, 2011) (Fer.st Reading) Approving and Authorizing an Amendment to the Lease Agreement Between the Village and SprintCom, Inc., a Kansas Corporation Concerning Real Property Owned by the Village and Located at 8820 National 2) Ordinance 11 -42 (Introduced November 14, 2011) (First Reading) Amending the Village's Unified Development Code, Sections 12 -4 -3 and 12 -17 -1 to Allow an Auto Glass Repair /Replacement Facility as aSpecial Use in the C -1 General Commercial District 3) Ordinance 11 -43 (Introduced November 14, 2011) (First Reading) Granting a Special Use Permit to Allow an Auto Glass Repair /Replacement Facility at the Property Located at 8910 Waukegan Road 4) Ordinance 11 -44 (Introduced November 14, 2011) (First Reading) Amending the Village's Unified Development Code, Section 12 -4 -3 to Allow Clubs and Lodges as Special Uses in the CR Commercial/Residential District 11. Reports by Trustees (continued) e. Trustee Thill (continued) 5) Ordinance 11 -45 (Introduced November 14, 2011) (First Reading) Granting a Special use Permit to Allow Clubs and Lodges at the Property Located at 6419 Chestnut f. Trustee Toth — Finance Department, Finance Advisory Commission, Northivest Municipal Conference, Advisory Commission on Aging, Family and Senior Services Department (Trustee Gomherg) 12. Other Business 13. Presentation of Warrants - $4,011.159.47 14. Residents' Comments 15. Executive Session — Personnel Matters, Labor Negotiations, Pending Litigation, and Real Estate 16. Adjournment - To ensure full accessibility and equal participation for all interested chi =ens, individuals with disabilities who plan to attend and who require certain accommodations in order to observe andlor participate in this meeting, or who have questions regarding the accessihilio� ofthese facilities, are requested to contact Susan or d9arlene (8471470 -5220) promptly to allow the Village to make reasonable accommodations. CALL TO ORDER Village President Dan Staackmann called the meeting to order at 7:00 p.m, and directed the Clerk to call the roll. II. Village Clerk Tony Kalogerakos called the roll. Present were: Trustees Dan DiMaria, Larry Gomberg, Bill Greer, Shel Marcus, John Thill, and Maria Toth, Ill. APPROVAL OF MINUTES Regarding the Special Meeting Minutes of October 10, 2011, Trustee DiMaria moved, seconded by Trustee Toth, to accept the Minutes as presented. There was no discussion. Motion passed unanimously via voice vote. Regarding the Minutes of the October 10, 2011 Regular Board Meeting, Trustee DiMaria moved, seconded by Trustee Thill, to accept the Minutes as presented. Motion passed unanimously via voice vote. IV. SPECIAL REPORTS 1. Community Choice Business Awards Presentation a. Community & Economic Development Director John Said explained that, earlier this year he and the Economic Development Commission (EDC) had the idea to come up with an awards program. The result is the Community Choice Business Awards program, a joint effort between the Economic Development Commission, the Appearance Commission, and the Morton Grove Chamber of Commerce. He also thanked the review panel, which consisted of Jennifer Mitchell and Al Heinrich from the EDC, Dee Gotta and Ron Stein from the Appearance Commission, and Rich Block and Cindy Kopczyk for their time and work reviewing all the nominations and visiting the nominees. b. Mr. Said stated that the Community Choice Business Awards were chosen for three categories: Outstanding Building /Fapade, Excellence in Grounds and Landscaping, and Best Business Sign. d. Three businesses were honored for the Outstanding Building /Fapade category: Niles Twp. Credit Union on Lincoln Avenue; Giordano's Pizza on Dempster, and Advanced Dental and Medical Center, also on Dempster. .. .. Minutes of AetoberV, 2011'9oaM Meeting category, Niles Twp. Credit Union, Giordano's Pizza, and China Chef on Lincoln Avenue each won. IV. SPECIAL REPORTS (continued) d. In the Excellence in Grounds and Landscaping category, Niles Twp. Credit Union, Giordano's Pizza, and China Chef on Lincoln Avenue each won. e. "Best Business Sign" winners were Crazy Jaws Restaurant on Waukegan Road and ProCare Family Dental on Dempster. f. Representatives from the Niles Two. Credit Union, Crazy Jaws, and China Chef were given two large signs, each reading "Village of Morton Grove 2011 Community Choice Business Award Winner" as well as a flame- shaped trophy. Mr. Said noted that the signs were made by J &D Signs and the trophies by Classic Designs, two more noteworthy Village businesses. g. Mayor Staackmann and EDC liaison Trustee Grear joined Mr. Said to present the signs and the awards to the winners present. 2. Seven Wonders of Morton Grove Presentation a. Community Relations Commissioners Janice Cha and Terri Cousar made this presentation. Commissioner Cha said that the idea for the "Seven Wonders" contest came from a guest at the Library's "Spring Bash" held earlier this year. It was a way to get residents and frequent visitors to think about the things that make Morton Grove special. Many different things were nominated, including a sidewalk and a house number sign. Nominations closed at the end of September, and for two weeks in October, people were encouraged to vote online at the Village's website or in person at the October 15`h Farmers Market. In the end, a total of about 150 votes were cast. b. The first "wonder" is the American Legion Memorial Civic Center. Accepting the award was former Trustee Joe Moll, who was integral in the Village's purchase of the American Legion and its renovation into the community center it is today, featuring a variety of meeting rooms and a banquet hall. It is also home to the North Shore Senior Center. Trustee Moll accepted the award in the memory of former Mayor Dan Scanlon. c. Next is the Bringer Inn. Located at Lincoln & Fernald, the Bringer could be called the "Cheers" of Morton Grove. There was no representative in attendance to accept the award. d. The next wonder is the Doughboy Statue at the Morton Grove Public Library. The statue came about thanks to a group of women who corresponded with and sent packages to soldiers away from home to keep up their morale. After the war, these women held a carnival to pay for a memorial for those who had served in World War I. That memorial was the Doughboy Statue. The carnival they held was so successful they decided to do it annually and use the proceeds where needed in the Village. It became known as Morton Grove Days. As liaison to the Morton Grove Days Committee, Trustee Grear accepted the award. e. The next winner is the Haupt -Yehl House /Morton Grove Historical Museum. Accepting the award were Donna Hedrick, President of the Morton Grove Historical Society, and Brian Sullivan, Executive Director of the Morton Grove Park District. The Historical Museum is operated by the Historical Society in conjunction with the Park District. Commissioner Cha noted that the best thing about the seven wonders was the mix of community meeting places and natural places. Minutes of Oct06er24, that its 2011 Boartl Meeting' He encouraged residents to move their cars off the streets, if possible, as it helps the Public Works crews be able to accomplish the task of leaf pick -up. He also noted that this is IV SPECIAL REPORTS (continued) The next winner Is the Morton Grove Prairie, located behind Crazy Jaws and Prairie View Center. This prairie is a remnant of the natural prairie the Europeans found when they first settled here. Accepting the award on behalf of the Prairie was Trustee John Thill. He provided some history on the prairie. About 25 -30 years ago, there was a two -acre parcel of land owned by Schaff Builders. They were intending to build a development on it. A former resident read about the plan, and contacted John & Mary Helen Slater to let them know that that parcel was a natural treasure, as it had never been farmed. The Slaters had a bio -audit done, and learned that there were at least 100 different species of native prairie plants growing there. As a consequence, they got our legislators involved. The legislators said they would give the Village the money to purchase the prairie with the caveat that it remain in its natural state in perpetuity. The Park District had a steward take care of it, but that particular steward didn't like the use of fire. Trustee Thill said that fire is a useful tool to help keep non- native species out, because the native plants have such deep roots, they will come back after a fire. Typically half an area is burned at a time. The Park District now allows the use of fire. Trustee Thill said he was accepting the award for the Village and for John & Mary Helen Slater, who were the backbone of the prairie project. g. The next wonder is the Morton Grove Forest Preserves. 20% of the land in Morton Grove is Forest Preserve, owned by Cook County. As an avid environmentalist, Trustee Thill and his wife are stewards of Linne Woods, Trustee Thill accepted the award, stating that the Village is quite lucky to have its forest preserves. He said that he and his crew have hauled out concrete and asphalt out of the forest preserves on their various work -days. The group is also providing "natural" knowledge to the next generation. h. The final wonder is the Morton Grove Public Library, a favorite community gathering point. It serves the needs of Morton Grove's diverse multi - cultural community, with 31,000 square feet housing a collection of more than 142,000 items. Accepting the award are Acting Directors Kevin Justie and Natalia Fishman, and Board President Mark Albers, Mayor Staackmann thanked the Community Relations Commission for its hard work on this program. It's one of the things that make Morton Grove residents proud to live here. V. PUBLIC HEARINGS 11M.Ilill Vl. RESIDENTS' COMMENTS (Agenda Items Only) NONE Vt. PRESIDENT'S REPORT Mayor Staackmann had no official report, but commented that its leaf pick -up time once again. He encouraged residents to move their cars off the streets, if possible, as it helps the Public Works crews be able to accomplish the task of leaf pick -up. He also noted that this is for leaves only, not tree branches or other debris. Minutes W Octdber26, 2011 Board Meetii ':' VII. PRESIDENT'S REPORT (continued) VIII. IX. Mayor Staackmann wished everyone a good and safe Halloween. CLERK'S REPORT Clerk Kalogerakos had two announcements: (1) The Police Department has announced its recommendations for child safety during 3 p.m. Halloween. Hours for trick or treating are 3:30 p.m. to 7:30 p.m. on October 21. (2) The Veteran's Day Parade will take place on Sunday, November 6, from 1 p.m. to 3 p.m. The starting point is the American Legion Memorial Civic Center. A. Village Administrator STAFF REPORTS Mr. Wade noted that it's budget season, and announced a Budget Workshop scheduled for 6 p.m. tomorrow (Tuesday, October 25) at Village Hall in the Trustees' Conference Room. The public is welcome to attend. B. Corporation Counsel' Corporation Counsel Liston had no report. U A. Trustee DiMaria: TRUSTEES' REPORTS Trustee DiMaria said that Fear City will only be open for one more week. He encouraged everyone to visit and to "talk it up.,, B. Trustee Gomberg: 1. Trustee Gomberg presented Resolution 11 -52, Authorizing the Purchase of Watchguard Digital In -Car Video Recording Systems for Police Vehicles From the Illinois State Bid Program, Contract #PSD- 4017032. a. He explained that the Police Department uses the in -car video recorders to document police activity and for evidence collection, court testimony, and to refute claims of police misconduct. b. The new systems will replace units that were purchased in 2007. Those units are now show- ing signs of age and are deteriorating in reliability. Mlnutm of Dcwber2*2011. Board Meetin " X. TRUSTEES' REPORTS (continued) B. Trustee Gomberq (continued) C. The Village wants to ensure that the Police Department has equipment that is up -to -date and reliable to protect the public safety as well as that of police officers, thereby minimizing liability. Resolution 11 -52 authorizes the purchase of three (3) in -car recording systems at a cost of 814,451. Trustee Gomberg moved to approve Resolution 11 -52, seconded by Trustee DiMana. Motion passed: 6 ayes, 0 nays. Tr. DiMaria ave Tr. Gomberg acre Tr. Grear acre Tr. Marcus aye Tr. Thill aae Tr. Toth acre 2. Trustee Gomberg read a letter the Village had received from the Northbrook Police Department, detailing a story about a man with a suicidal son who was acting erratically, waving a gun and threatening others. The Northbrook Police Department called out other departments to the scene to help establish a perimeter. Officer Jim Hanke from Morton Grove was one of the responders. After about three hours, the subject surrendered. Trustee Gomberg congratulated Officer Hanke, Chief Mark Erickson, and the Police Department as a whole. C. Trustee Grear: Trustee Grear had no formal report, but reported that the EDC's Health & Fitness Expo, held on Saturday, October 22, was very successful. There were 18 exhibitors in attendance. He thanked John Said and EDC Chairman David Lewis for doing a fantastic job. D. Trustee Marcus: 1. Trustee Marcus presented for reconsideration Ordinance 11 -34, An Ordinance Amending Title 5, Chapter 13, Article E, Section 1 Entitled "Streets and Alleys Designated as One -Way" of the Municipal Code of the Village. a. He explained that this Ordinance had to do with changing the alley behind CVS Pharmacy from allowing traffic one -way only to allowing two -way traffic. The Traffic Safety Commission had originally recommended changing the alley to two -way traffic. The Board had voted on and passed this Ordinance in September. However, at the October 10 Board Meeting, the Board voted affirmatively on a motion to reconsider this ordinance. b. Trustee Marcus felt this should be a first reading of a reconsideration and should be voted on at the next meeting. Trustee DiMaria asked Corporation Counsel if the first reading could be waived, since this is something the Board has already voted on. Corporation Counsel Liston said it would be difficult to call this a first reading, and suggested it would be more appropriate to table this ordinance to the next meeting. She said she understood from Public Works that there were some considerations for the Board to consider before they voted on the ordinance. Minutes ofDctober34 3011 Hoard Meeting: Motion passed 5 ayes, 1 nay. Tr. DiMaria ave Tr. Gomberg X. TRUSTEES' REPORTS (continued) D. Trustee Marcus�(continued) C. Trustee Marcus moved to table Ordinance 11 -34, seconded by Trustee Grear, with the caveat that this will be voted on at the next meeting. Trustee Thill asked if the Board would be getting new information about this matter. Mayor Staackmann said they would. Ms. Liston cautioned against any further discussion, as a motion to table does not allow discussion. Mayor Staackmann called for the vote on the motion to table. Motion passed 5 ayes, 1 nay. Tr. DiMaria ave Tr. Gomberg aye Tr. Grear aye Tr. Marcus acre Tr. Thill acre Tr. Toth nay E. Trustee Thill: Trustee Thill had no report. F. Trustee Toth: 1. Trustee Toth had no formal report, but announced that the Finance Advisory Commission would be meeting on November 2 at 7:00 p.m. at Village Hall, upstairs in the Trustees' Conference Room, 2. Trustee Toth noted that the Advisory Commission on Aging would be co- sponsoring an event at the Morton Grove Public Library on November 3 from 7:00 P.M. to 8:30 p.m. The topic will be "Options for Keeping Your House in Trying Times' and will address things such as home - sharing, fair and affordable housing, and ideas for dealing with foreclosure. XI. OTHER BUSINESS Trustee Grear noted that the owner of Giordano's Restaurant had just arrived. He and Mayor Staackmann presented him with his two Community Choice Business Award honors. XI 1. WARRANTS Trustee Toth presented the Warrant Register for October 24, 2011 in the amount of $924,028.73. She moved to accept the Warrants, seconded by Trustee DiMaria. a. Trustee Thill asked about a $3,600 charge for tree replacement. He wondered how many trees had been replaced. Director of Public Works Andy DeMonte responded that 18 trees had been replaced, five of which were covered under the Memorial Tree Program. Two more trees purchased under that program would be planted in the spring. Trustee Thill encouraged residents to participate in the program, even though planting is now finished until spring. Minutes of October24 2011 Board Meeting XI. WARRANTS (continued) b. Trustee Thill asked why 16 people were receiving refund checks. Mr. Horne explained that sometimes, when a transfer of ownership occurs regarding water statements, there's a deposit, and the Village ends up having to give a refund if the final reading is less. c. Trustee Marcus asked if the Village's commuter parking lot was doing any better since the fees had been reduced. Mr. Horne said that, before the rate reduction, only 17 residents had purchased permits. That number has now increased to 47. He said that good rates are still available. Xill. RESIDENTS' COMMENTS Rudy Firenzik, 7628 Lake. Mr. Firenzik noted that he had provided documentation to both the Mayor and the Clerk and would wait for their response. XIV. ADJOURNMENT /EXECUTIVE SESSION Trustee Marcus moved to adjourn the Meeting. Trustee Thill seconded the motion. Motion passed: 6 ayes, 0 nays. Tr. DiMaria aye Tr. Gomberg aye Tr. Grear aye Tr. Marcus acre Tr. Thill afire Tr. Toth aye The meeting adjourned at 7:46 p.m. Minutes of october34, Trustee 3011 Board Meetin``: Grear Trustee Marcus Trustee Thill Trustee Toth PASSED this 14th day of November, 2011, Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this 14th day of November, 2011, Daniel J. Staackmann, Village President Board of Trustees, Morton Grove, Illinois APPROVED and FILED in my office this 15th day of November, 2011, Tony S. Kalogerakos, Village Clerk Village of Morton Grove, Cook County, Illinois MmWes by Teresa Cousar MINUTES OF THE OCTOBER 251 2011, SPECIAL MEETING OF THE BOARD OF TRUSTEES RICHARD T. FLICKINGER MUNICIPAL CENTER 6101 CAPULINA AVENUE MORTON GROVE, ILLINOIS 60053 Pursuant to proper notice in accordance with the Open Meetings Act, the special meeting was called to order at 6:01 pm by Village President Daniel .1. Staaclanann who led the assemblage in the pledge of allegiance. Corporation Counsel Liston called the roll, in attendance were: Elected Officials: Mayor Daniel J. Staackmann, Trustees Daniel DiMaria (arrived at 6:03 pm), Lamy Gomberg, William Great, Sheldon Marcus, John Thill, and Trustee Toth Absent: Village Clerk Tony S. Kalogerakos Village Staff: Village Administrator Joseph F. Wade, Corporation Counsel Teresa I- Ioffnan Liston, Finance Director /Treasurer Ryan Horne, IT Coordinator Boyle Wong, Community and Economic Development Director .John Said, Family and Senior Services Director .tackle Walker O'Keefe, Public Works Director Any DeMonte, Assistant Public Works Director Joseph Dahm, Superintendent of Streets Paul Tobin, Fire Chief Tom Frier. Police Chief Mark Erickson Also Present: Finance Advisory Commission Chairperson Doug Steinman Mr. Wade then introduced the evening's topic, which was the review of the Proposed Budget for 2012. Mr. Wade stated the budget is a working, planning document which is used as a snapshot of the Village's current economic conditions. He stated Ire believes this is the best budget the Village has experienced since he has been Village Administrator. When Mr. Wade first became Village Administrator, the budget reflected borrowing for Police Squad Cars, inadequate pension funding, and inadequate funding for infrastructure. The Village has also gone through the great recession and has realigned and repositioned itself so its expenses match its revenues. Mr. Wade believed the Village was in better economic shape today than it has been for awhile. Mr. Wade complimented the Board for making good decisions and Village Staff for working diligently to .'do more with less'. Mr. Wade noted over the past several years there is now S 1.2 million less paid out in salaries which reflects a reduction in 16 to 17 full and part -time positions. This year's projected revenue includes a slight increase without additional taxes or fee increases. Mr. Wade noted there were two favorable areas where the Village can realize savings for 2012. First, the Village plans to raise its deductible for its liability insurance. While this will result in substantial savings, Mr. Wade did note there is a risk in a bad year an increased deductible will have a negative impact on Richard T. FlickingFr Municipal Center 6101 Capulina Avenue • Morton Grove, Illinois 60053 -2985 Tel: (847) 965 -4100 Fax: (847) 965 -4162 R::cycied Paper the Village. However, this decision was made after a review of the Village's loss history over a long period of time. Mr. Wade also stated due to state pension reform, the Village's required contributions to employee pensions decreased by $200,000 for 2012. This compares favorably to last year when there was a 5300,000 increase in pension contributions. Mr. Wade stated this budget also reflects capital purchases previously deferred including equipment purchases such as salt spreaders, radio change outs which were mandated due to frequency changes, and the replacement of Police Department and Public Works Department vehicles. Mr. Wade also noted this year's budget included $250,000 for Police Department building improvements. He recommended the Board approve a drawdown of $250.000 from the Reserves to add to the Police Department building improvements. He believes $500.000 can make a meaningful impact on the improvements to this building which are badly needed. Mr. Wade further stated the Fund Balance projected for December 31, 2011, was 26.6311/o of the Village's expenses. Even with drawing down $250,000, the Fund Balance Reserves would be above the Village's targeted 25% of expenses. One concern in the budget is the anticipated water rate increases. The Village purchases its water from the City of Chicago and the city has announced increases over the next four years of 25 %, 15 %, 15 %, and 15% respectively for a total increase of 70 %. This increase, according to the City of Chicago, is considered necessary because it needs to make infrastructure improvements. Mr. Wade stated the Village should consider three choices, purchasing water from Evanston, Wilmette, or the Northwest Water Commission. The Village's contract with the City of Chicago runs through 2018; however, if the Village decides to use a different source for water, time will be needed to consider the appropriate studies and make the appropriate infrastructure improvements. In conclusion, Mr. Wade stated the Village's greatest assets were its employees, especially the employees and Department Directors in this room; they truly add value to the Village's operation. Mr. Home spoke next, he reviewed the 2012 Budget Objectives which were to maintain an appropriate fund balance, plan for long term sustainability, meet expectations both internal and external, and provide a high quality of service. Mr. Horne noted the first read of the budget document (ordinance) would take place at the November 28, 2011, Village Board meeting. This would also be a first read for the 2011 Tax Levy Ordinance to be collected in 2011 At the December 12, 2011, Board meeting, the Board would have a second reading on the Budget and Tax Levy Ordinances and pass its traditional Tax Levy Abatements. Mr. Horne then reviewed the Village's funds including the Village's General Fund, which is its Chief Operating Fund, the Special Revenue Funds which include the Motor Fuel Tax Fund, the E911 Fund, and the Commuter Parking Lot Fund. 'Fire Village also has a Debt Service Fund, and a Capital Projects Fund. The Proprietary Funds include the Village's Water Funds. There are also Fiduciary Funds which include the Pension Funds (Fire, Police, and General). Mr. Horne noted the Village currently has a "AA" Bond rating which was granted to the Village because of prudent fiscal management and its ability to have a balanced budget and maintain available reserves with a low overall debt burden. Mr. Home stated the 2012 Proposed. Budget projects revenue in the amount of $23,684,313 with budget expenses in the amount of $23,564,433 which should provide a surplus of $119,880 and maintain a fund balance of approximately 27 %. Mr. Horne then gave a historical analysis of the General Fund and noted the General Fund revenues in 2008 were in the amount of $23,124,032. This amount dips significantly in 2009 to $21,400,066. Mr. Horne then noted the Village had realigned its revenue sources. In fiscal year 2009, 82% of the Village's revenue came from its tax levy's sales taxes, state income tax, telecommunication tax, and the electric consumption tax. In 2012, the Village expects to receive 72.54% of its total projected revenue from these same sources. The Village expects to receive the balance from additional sources including licensing, permit fees, investment fees, and fines. Mr. Horne then gave the following summary for the 2011 Tax Levy calculation. Village of Morton Grove 2011 Tax Levy Calculation _ -. I'rameion I',p eeJ 'J1In i' or W.c I nci F.nol Pc� 'FUND Net &Cost Extended EMertletl tentage CODE FUND DESCRIPTION 2_011 Levy in Collection 2011 Levy Lery _Change OPERATIONS 001 corporate $142696 $4,899,228 $4,524,251 629% 001 IaRF 175,000 5250 160250 195,468 -779% 001 C.NA. 325,000 9.750 334.750 306929 906% 065 Capital Improvements 50000 1,50D 51,500 103,000 -5000% 006 Police Pension 1,550000 46.500 1,596,500 1,707298 -649% 007 Fire Pension 1,750000 52500 1,802500 1,899,516 -5 11% Subtotal Operations 8,606,532 258,196 8864,]28 8736464 147% BONDS SERIES 003 GO Bonds 2009 0036 0. Bonds 2010 _ Subtotal Bonds PURCHASE AGREEMENTS /NOTES 027 1EPA 027 NMTIF 1998A Subtotal Purchase Agreements Total Debt Service TOTAL VILLAGE TAX LEW 668,904 33445 702,349 505,402 38.97% -10000% 0Do% Mr. Horne reviewed the Village's budget department -by- department He noted a new department for the Morton Grove Days which is the Judy carnival the Village has undertaken. It has a budget of $145,067 in expenses. Mr. Horne noted it is expected the event will generate revenue to offset these expenses. He also noted a new department for Morton Grove Television. This is a small budget of $14,000 but Mr. Horne believed it should be called out separately. Similarly, a new department was set up for Morton Grove Animal Control which was also has a small budget of $16,200. The Administrative /Legislative budget was expected to show an increase of $600. Similarly, the Administrative budget was relatively flat showing an increase of $3,900. The Legal budget decreased by $25,000 to reflect decreased cost averaged over the last several years. The Economic Development budget also decreased by $3,000. The Finance Department budget increased by $91,000 to show additional costs for health insurance including retiree health. The Budget also reflects a transfer from the Finance Department Budget to Debt Service for the 2010 Bond Funds. Mr. Horne noted significant emergency expenses and contingencies will now be paid directly from the Fund Balance as the budget only includes $25,000 for unforeseen expenses. The Information Technology budget decreased by $5.215; however, the Morton Grove Television Budget which was formally part of this budget has been isolated and moved to a sub - department of Administration. The Police Department budget remained relatively flat in the amount of $8,596,679, showing an increase of $79,280 which reflects pension contributions and increased costs for dispatch services. This also reflects the purchase of squad cars and equipment replacement. The Fire Department budget in the amount of $7,033,936 rose by $112,786 which is attributed to dispatch service fees and increased pension costs. The Public Works Street budget increased significantly by $336,035. This budget in the amount of $2,226,810 includes an increase in construction services and the addition of a streetscape maintenance budget. It also includes additional costs for Capital Equipment Maintenance. The Engineering portion of the Public Works Budget decreased by $4,900 due to a projected savings in personnel costs. The Public Works Vehicle budget increased by $72,147 to reflect additional purchases relating to the Village's fleet maintenance. The Family and Senior Service budget showed a slight decrease in the amount of $575 due to reductions in contractual and commodity expenditures. The Civic Center budget showed a slight $5,275 increase attributed mainly to increased personnel costs. It should be noted this budget includes an expense for carpet replacement. Also, the Director of Family and Senior Services' salary has been divided between the Family and Senior Service and Civic Center budgets. The budget for Building and Inspectional Services decreased by $56.850. The Village has now outsourced these services which resulted in a reduction in personnel costs in the amount of $172,700 and an increase in contractual services of $115.850. The Municipal Buildings budget increased by $358,000 and included capital expenditures to replace equipment which the Village was no longer able to defer due to the age of this building. The Motor Fuel Tax budget showed revenue less expenses in the amount of $83,458. Motor Fuel Tax dollars are based on money allocated from the state on the per capita basis. The E911 Fund is projected to show revenue, fewer expenses in the amount of $5,592. The Lehigh /Ferris TIF Fund is expected to show revenue less expenses in the amount of $635,775. The Finance Director noted the Village expected to repay the Site "13" note in 2011. The Economic Development Fund is the fund which the Village uses to pay various economic development agreements. It consists of revenue transferred from sales taxes in other departments. The Finance Director projected expenses would exceed revenues by $62,094. The Waukegan Road TIF Fund included total revenue in the amount of $815,750. The budget included a capital cost for potential redevelopment expenses in the amount of $1,250,000, and also included a budgeted expense for debt repayment in the amount of $812,485. The Commuter Parking Fund projected revenues in the amount of $140.250 and virtually equal expenses. 4 The Debt Service Fund includes revenue from the Village's property taxes, home rule sales taxes, interest income grants, and transfers from the General Fund. The expenses include payment of bond and note redemption interest which is expected to become due in 2012. Total revenue for this fund for 2012 is projected at $2,043,241 with total expenses budgeted at $2,148,672. The Capital Projects Fund likewise projected revenue from property taxes, home rule sales taxes, personal property replacement tax grants and state highway reimbursements in the amount of $911,500. It showed expenses for engineering services, street improvements. LAPP projects and expenses forwarded from the previous year in the amount of $4,236,000. Mr. Horne then gave a review of the Village's Enterprise Funds. The Water Sewer Fund projected increased revenue in the amount of $7,712,484, an increase of $3,040,480 due in large part for projected increases in the rate charged by the City of Chicago for water. It also included proceeds from the 2010 Bond Funds which are shown as a revenue expense for budgeting purposes. The grand total of revenue for 2012 therefore was projected to be $8,97? 984. Expenses from the Water Department are budgeted for 2012 in the amount of $6,438,728, a decrease of $2,330,495 primarily due to a decrease in capital expenses. The Sewer Fund showed increased expenses in the amount of 8743,500, an increase of$41,089 due primarily to additional commodity costs. The Water /Sewer Fund Administration account includes contractual obligations for the Flood Control Program and increased funding contribution to the Municipal Employees Retirement Fund (MERF). The total revenue less expenses for 2012 was projected to be $705,406, an increase from the previous year in the amount of $1.137,443. Mr. Horne then provided a budget swnmary for the Water /Sewer Fund totals which projected an unrestricted fund balance as of December 31, 2012, in the amount of $699,608 or 12.2 1 % of total operation and maintenance for this fund. Mr. Horne then asked the assemblage whether or not there were any questions. Mayor Staackmann then led the assemblage in a discussion of the Village's decision to charge the Park District a surcharge to cover some of the costs of the Village's equipment replacement for its fuel stations. A 10% surcharge would cost the Park District $2,300 in 2012. It is the consensus of the Board such a surcharge seemed fair and reasonable. Boyle Wong then gave a short presentation regarding the Village's Information Technology Department. Mr. Wong stated the department had entered a stability phase and he was looking to provide a second intereet connectivity line to enable additional band width for services like videoconferencing. He also noted he was investigating an electronic document management system. Mr. Wong explained the trend was a cost shifting from hardware to software. He stated software costs typically require a higher outlay but less maintenance and support costs. Mr. Wong also noted the Village had seen a considerable increase in visits to its website, e- newsletter, u -tube videos, and the Web Q &A Citizen Support Center located on the Village's websitc. John Said presented a review of the Economic Development Department. He noted substantial development projects and business growth was underway including Culver's. Essex, Fear City, North Grove Manor, Terrace Gardens, Produce World, Work-in Gear, Land of Nod, new restaurants and retailers, and industrial businesses. Certain projects were in the planning stage including a new Pequods' Restaurant, improvements to the Prairie View Shopping Center, a new Safelite Retail Store, and potential redevelopments at Sites "J" and `B" within the Lehigh/Ferris TIE District. Mr. Said then reviewed marketing and complimented the Village's Economic Development Commission. He stated it was a pleasure to work with this commission who had planned car shows, a health expo. and a pet adoption get together. Additional programs were being planned. Mr. Said discussed plans to continue streamlining the building and plan review processes and enhancing customer service in 2012. Cases before the Plan Commission had increased as had applications before the Appearance Commission. In general, Mr. Said stated even with reduced staff and a flat budget, the department was taking on more projects with increased business activity and investment. Jackie Walker O'Keefe gave a review of the Family and Senior Services Department and Civic Center. She noted Civic Center revenue to date was $95,030, an increase of 20% compared to 201 1. She also recommended the Board consider moderate increases for the Civic Center rental fees for 2012 and provided a proposal to this effect. She noted 73 individuals and families had come in for 294 counseling sessions so far in 2011 and she has fielded over 526 phone calls. The budget for the Civic Center includes needed replacement of the Main Hall carpeting. She also asked security deposits for rentals be increased and evening rental time be reduced from midnight to 11:00 pm. Trustee Marcus suggested rental times on Saturdays may be extended for an additional fee. Police Chief Mark Erickson then presented the Police Department budget. He noted the sworn personnel workload included almost 38,000 activities in 2008 including 26,634 911 calls for police response and 11,000 patrols proactively initiated. Ile noted the department processed 647 misdemeanor and felony arrests, issued 8,323 ordinance citations and 4,595 traffic citations. The department conducted 317 detective investigations. The department continued its emphasis on training and safety especially high risk, high liability training. He reviewed the various intergovernmental organizations in which the department participates. This is a cost effective manner to get the best possible services to the residents from highly trained sworn personnel throughout the area. He noted the Village was successful in sharing resources with other municipalities including animal control with Glenview. He thanked Public Works for their cooperation enabling the department to acquire a used pick -up truck. Chief Erickson reviewed a history of police squad cars over the past 25 years and noted the department, in cooperation with Public Works had inspected and reviewed replacement options for the discontinued Ford Crown Victoria. It was the unanimous opinion of the Public Works staff and the majority of the Police Officers for the Village to select Dodge Chargers for new patrol vehicles and possibly Tahoes or Expeditions for command vehicles. Chief Erickson noted the Village, through its grant writer, was successful in obtaining grants in 2011 totaling approximately $100,000. The Village also has a pending grant between $100,000 and $250,000 from the Safe Routes to School Program. Chief Erickson made a request the Board consider making the Animal Control position, a full - time position which would require an additional $25,000 to $30,000 in increased salary and benefits. Fire Chief Tom Friel then presented the Fire Department budget. He noted in 2011, the department handled an estimated 3,468 alarm activity calls. 65% to 70% of these activities are emergency medical service alarms. Budget changes for 2012 included a slight increase in overtime due to historical data trends, a reduction in operation, janitorial, and office supplies, and an increase in firefighter eligibility testing which had been deferred from the previous year. The budget also included a deferment of a new generator for Station 44 which reduced the 2012 budget by $38,000. In 2011, the depar4nent started a migration of at least some subscribers for a Village owned fire alarm system. Approximately 80 subscribers were in the process of being migrated from a private network to a Village owned network. The net result of this is a faster alarm response, better network maintenance and reliability, and estimated revenue to the Village in 2012 in the amount of $60,000. Chief Friel then reviewed the age and planned replacement of the major department apparatuses and noted the planned replacement of Engine 45 in 2015 at an expected cost of $450,000. A discussion then ensued regarding the creation of a fund where annual deposits would be made so funding was available when large Fire Department purchase were required. Mr. Horne stated the most recent ambulance purchase was financed as part of the 2010 Bond issue. Chief Friel then answered questions regarding the purchase ofstock Fire department engines versus engines that had been customized to meet the department's needs. Andy DeMonte then presented a summary of activities and budget items within the various Public Works Departmental budgets. He noted the Public Works Department included the Street Department, Vehicle Maintenance Division, the Engineering Division, and the Water /Sewer Division. Funds to support these activities come from the General Fund, Motor Fuel Tax Fund, the Commuter Parking Lot Fund, the Enterprise Fund, and the Capital Project Fund. Mr. DeMonte noted the total budget request for all Public Works budgets for 2012 totaled 517,131,338 which was a significant increase over the previous year because the Village was now able to budget funds for much needed capital purchases and installations. The budget included a 10% increase in vehicle maintenance costs to replace aging fleet equipment. The average age of all Public Works equipment was 13 years with the oldest piece of equipment being a 1973 Mack semi- truck. The budget noted a removal of funds from tree planting, but an increase of a budget amount of $35,000 for tree trimming. The budget also has a cost for outsourcing concrete work in the amount of $80,000 and a new sub -fund of $73.300 for streetscape maintenance. Mr. DeMonte noted with the improvements on Dempster Street, Waukegan Road, Lincoln Avenue, and Ferris Avenue. the Village should budget for the maintenance and replacement of the new light poles, furniture, and furnishings. Mr. DeMonte noted the Village partnered with other municipalities to get better costs for sewer lining and crack seating, material hauling, and other expenses. He then reviewed the Motor Fuel Tax Fund. The Illinois Municipal League estimates the municipality's per capita share of Motor Fuel Tax Funds in 2012 would be $23.75 or a total to the Village in the amount of $552,662. Motor Fuel Tax Funds are used for snow removal material, purchase of asphalt and concrete, maintenance of street lights and traffic signals, and reimbursement to the General Fund for labor costs. Mr. DeMonte noted Motor Fuel Tax per capita dollars have steadily decreased. In 2008, the per capita payment was $28.07 - almost $4.33 less per person than the current estimated amount. Mr. DeMonte noted the Enterprise Fund planned significant capital improvements including the elimination of dead end sections of the water main system, a replacement of a 12" and 20" water main crossings at Caldwell Avenue, a SCADA system hardware upgrade, motor replacements at the north pumping station, tuck pointing at the north pumping station, and enhancements to the sewer lining program. Mr. DeMonte stated the City of Chicago was raising its water rates for 2012 by 251N. He understands Chicago needs to make significant investments to their infrastructure as does the Village of Morton Grove. The Village currently has 98 miles of water mains. 9% of the mains were installed before 1920. 32% were installed during the 1920s. and 40% were installed in the 1950s. Mr. DeMonte stated five of the water main crossings are under the Metra tracks and four are under the Edens Expressway. Ile is aware of five miles of deteriorated water main and recommends the Village replace 5,000 feet of that water main per year. Mr. DeMonte stated 65% of the water mains are undersized for today's needs. Replacement of water mains is not supported by tax dollars, only fees charged for water and sewer costs. The Street Department had a capital improvement budget in the amount of $4,236,000. More than half of this was a carry -over from previous years as the Village was waiting for the Illinois Department of Transportation to close -out and bill for the Dempster Street and Harlem Avenue projects. Mr. DeMonte then answered questions from the assemblage. Mr. Horne then reviewed the Village "s Debt Service Fund. He noted beginning in 2011 through 2014 projected expenses would exceed revenue allotted to the Debt Service Fund. In 2012, the ending fund balance for this fund was projected to be $364,794. Mr. Horne then reviewed the ratio of outstanding Village debt. He noted total debt as of December 31, 2010, was estimated at $47,353,096, which compared favorably to the actual debt ten years earlier, December 31, 2001, in the amount of $65,426,874. This debt represented a per capita obligation of 51,640.16 per Village resident. Mr. Horne then gave a summary of the Village's General Bond Debt which through December 31, 2010, was project to be $27,286,495 which compared favorably to the same total ten years prior which was then in the amount of $28.723,047. Mr. Horne stated this debt was 2.65% of the estimated actual taxable value of property. Mr. Horne then asked if there were any questions. Village Administrator Joseph Wade led adiscussion regarding possible improvements to the Prairie View Shopping Center. The center planned on investing approximately $60 million to improve this site but could only do so if they received support from the Village in the amount of $10 million. The Village is using S.B. Friedman to review these numbers. Mr. Wade stated it would be possible to use some tax increment from the Lehigh /Ferris TIT Project to jumpstart these improvements. He also recommended the Village consider establishing a new TIF District. Mr. Wade stated the Lehigh/Ferris TIF was very successful and a model when it came to TIF cash flow management. Currently this TIP District is producing $2.4 million to $2.5 million in income per year. Mr. Wade noted the district planned on making significant improvements within the area including improvements to the train station but recommended some of this money be diverted to improve the Village's main shopping center. There being no further business, 'Trustee Thill moved to adjourn the special meeting. The motion was seconded by Trustee Marcus and approved unanimously pursuant to a voice vote at 8:57 pm. Minutes by: Teresa Hoffman Liston, Corporation Counsel To: Planning Commission Zoning Board of Appeals Village President and Board of Trustees x/ From: Ronald L. Farkas, Chairman, Plan Commission Date: October 31, 201E Pte: Plan Commission Case PC11 -10; Safelite Auto Glass (8910 Waukegan (toad); Request for Text Amendments to the Unified Development Code and a Special Use regarding an auto glass facility in the C1 District Commission Report Public Notice was provided for the public hearing for this request in accordance with applicable requirements. A public notice was published on October 2, 2011, letters were sent to surrounding property owners on September 29, 2011, and a public notice sign was placed on the subject property on September 30, 2011. On October 17, 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 -10. PC 11 -10 consists of a request by applicant Safelite AutoGlass for the following: • Amendments to Section 12 -4 -3 of the Unified Development Code (UDC), to include auto glass replacement within the definition of Automotive Repair use; • Amendment to Section 12 -17 -1, definition for "Automotive or Other Motor Vehicle Repair" to add a reference for auto glass replacement; • A resulting Special Use to permit the proposed Safelite AutoGlass as a Special Use for automotive repair at 8910 Waukegan; and 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 text amendment language, the status of the Safelite AutoGlass application, the site plan and related details. The applicant was represented at the hearing by Mr. Greg Alexander of Safelite and Mr. John Szabo of Kudrna Associates architects. Both individuals testified concerning their request, and Village staff through Mr. Said provided an overview of the zoning matters associated with this application. The testimony and overview included the following information: They testified that Safelite proposes to construct a Safelite AutOGlass facility of approximately 4500 square feet, and in order to do so, amend to Village's requirements and obtain a special use to have this use conform to Village requirements. Safelite consists solely of auto glass replacement, installation and repair, and all such activity onsite is done entirely within the proposed enclosed building. Richard. T. FIickinger Municipal Center 0101 Capulina Avenue • Morton Grove, 111inois 60053 -2985 TeL (847) 965 -4100 Fax: (847) 965 -4162 t 7 ` Mr. Said affirmed that the UDC (Unified Development Code) currently prohibits auto glass installation in the C -1 District, as it is classified with auto body repair. Auto body repair is allowed in the Village's M Districts; as a special use in M -1 and as a permitted use in M -2. Mr. Said further noted that Safelite's proposed operations, which as described above are limited to auto glass; they will not be engaged in body repair /collision services. Further, Safelite does not do auto repair such as mechanical work, tire replacement, brakes, oil, and related services, although such auto repairs are allowed in the C -1 District as special uses. Mr. Said noted that there are a number of mechanical shops in the immediate vicinity of the subject location, although he was not aware of any other business in the Village solely involved in auto glass replacement. Mr. Said asserted that there are single - family residential homes located west of the subject site, in an R -2 Single Family Residence District. There is an intervening 16' wide alley between the subject site and the single - family homes which provides further separation between the proposed commercial use and the residential area. Mr. Said noted that Safelite has agreed to cooperate with the Village to use the alley as part of their development plans for an increased buffer between the proposed commercial use and the adjacent residential area. In response, the applicant proposes a solid 6' wood fence along the west edge of the alley, and proposes to use the alley area for landscaping. In this way, Safelite's property and the alley will be developed as a unified site. According to Mr. Said, a license agreement will be developed between the Village and Safelite, so that the Village will retain ownership of the alley area, as there is an existing sewer line within the alley property. As such, the Village can access the sewer at any time for maintenance or repair needs. Safelite will be responsible for maintenance and upkeep of the landscaping and fencing in this area, the same as those improvements on their site. A condition of approval is included regarding the licensing agreement. In response to questions about parking, the applicants testified that much of the work originating from this location will be done by mobile units visiting customers throughout the region. Mobile units will visit this location, pick up supplies and auto glass, and then visit customers throughout the day. Often, such mobile units will visit a customer's home or place of work and complete glass replacement /repairs while a car is parked on a driveway or in a parking lot. Mobile units will be parked at employees' homes during non -work hours, not at this location. The proposed nineteen (19) parking spaces, including 15 outside spaces and four garage spaces, meets applicable requirements. Regarding the text amendment, Mr. Said further explained that the unique aspect of the proposed use, as a limited use, made comparisons to zoning requirements of other communities more difficult. Similar to Morton Grove, most zoning regulations from other communities do not delineate between auto glass and other body shop activities. Some communities allow auto body repair in their more intensive commercial areas (typically as special uses), while others limited such uses to industrial areas. More intensive activities, such as body work and auto painting, are certainly a consideration in those instances of increased restrictions. By itself, auto glass installation /repair /replacement would appear to cause less noise, vibration, odor, waste product, etc. than auto repair uses already allowed in C -1 as special uses. Initially, the applicant was requesting a rear yard (along north properly line) setback variation of 1.0 feet; however, based on questioning from the Commission, the applicants testified that they would be able to slightly modify the site to eliminate the requested variation. Revised plans will comply with the required 5'setback. Commissioners also asked about the text amendments, and instructed that a few references be omitted. This way, glass repair will continue to be allowed in industrial districts (auto body uses). Commissioners further asked the applicant to relocate a light pole to improve lighting on the subject site. Finally, regarding the review process, Mr. Said explained that the applicant has received positive recommendations from the Appearance Commission and Traffic Safety Commission for this project. They went through some revisions based on Staff review and Appearance Commission review, and have addressed all requested recommendations. After testimony and Commissioner questions and discussion were concluded, any members of the public in attendance were invited to express their views on the project. No one in the audience wished to speak about this request. Findings of Fact — Text Amendment The applicants also testified to the applicable standards for amendments in Sec. 12- 16 -4 -E of the Unified Development Code; this testimony was further supported by Staff. The proposed text amendment will benefit the Village as a whole and does not confer special rights upon the applicant, as their proposed development is consistent with the intent of the commercial area. The applicant does not have a particular hardship that this amendment will address, as the proposal is intended to provide flexibility for the entire C1 District. Findings of Fact — Special Use 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. 1. Preservation of Health, Safety, Morals and welfare — The 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 is designed to support the public health, safety and other concerns of the Village. No detrimental impact is expected. 2. Adjacent Properties — The Special Use should not be injurious to the use and enjoyment of other property in the immediate vicinity for the uses permitted in the zoning district. The proposed business is utilizing a commercially -zoned lot for a commercial business. The applicant plans to install landscaping and fencing to minimize this site's impact on residential properties. 3. 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 property is located within the C1 Commercial District, and surrounding properties are fully developed, except for the site to the south, which can develop without negative impact from the proposed business. 4. Adequate Facilities — Adequate utilities, access roads, drainage and other necessary facilities are in existence or are being provided. Adequate facilities, including utilities, access roads and related services are already provided to this area. Utilities and other services are adequately sized to accommodate this business. 5. Traffic Control — Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion on the public streets. The proposed use of the subject site should not draw substantial amounts of traffic on local residential streets. The proposed site includes a single entrance /exit off Greenwood Ave., and will not directly access Waukegan Road. This will ensure better circulation and reduced conflicts along Waukegan Road. 6, Adequate Buffering — Adequate fencing and /or screening shall be provided to ensure the right of enjoyment of surrounding properties to provide for the public safety or to screen parking areas and other visually incompatible uses. The proposed site plan includes appropriate landscape buffering around the site, including use of the 16' alley along the west edge for buffering to the adjacent residential area. A 6' solid wood fence will be provided in this area as well to provide a visual barrier between the commercial and residential properties. 3. Conformance to Other Regulations — The Special Use shall, in all other respects, conform to applicable provisions of this Ordinance or amendments thereto. Variation from provisions of this Ordinance, as provided for in Section 12-16 - 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, and otherwise the proposal and the building appear to conform to applicable zonin requirements. g Commission Recommendations Text Amendment; It was moved, and seconded, to recommend approval of the Text Amendments as requested. The motion carried: Yes 7; No 0; Absent 0 The voting Chairman Far, Commissioner Commissioner Commissioner Commissioner Commissioner Commissioner as Aye Blonz Aye Dorgan Aye Gabriel Aye Ramos Aye Roepenack Aye Shimanski Aye Special Use: It was moved, and seconded, to recommend approval of the Special Use for this project. The motion carried: Yes 7; No 0; Absent 0 The voting: Chairman Farkas Aye Commissioner Blonz Aye Commissioner Dorgan Aye Commissioner Gabriel Aye Commissioner Ramos Aye Commissioner Roepenack Aye Commissioner Shimanski Aye The Plan Commission recommends the following as conditions of approval for this project: 1. Prior to issuance of any permit, the applicant and the Village shall sign a license agreement that specifies Village access to is sewer and Safelite's requirement to install and maintain the required improvements in the alley area. 2. 3. 5 The proposed Safelite AutoGlass facility shall be constructed in accordance with the following: • Site Plan (C -2) dated 11 -02 -2011 by Kudrna Associates; • Landscape Plan (LS -1) dated 11 -02 -2011 by Kudrna Associates; • Building Elevations Plan (A -3) dated 9 -21 -11 by the Embree Group; • Trash Enclosure Plan and Details (A -4) dated 9 -21 -11 by the Embree Group; and • Lighting and Photometric Plans (no date) by AMES Engineering, with the light pole relocated to the northwest part of the property as specified at the October 17, 2011 Plan Commission meeting, and subject to review and approval of the Village Engineer. The hours of operation for Safelite shall be Monday through Saturday, 7 a.m. to 7 p.m., and Sunday, 9 a.m. to 5 p.m., or shorter hours within these timeframes. To: From: Village P Planning Commission Zoning Board of Appeals Village President and Board of Trustees Ronald L. Farkas, Chairman, Plan Commissions /� f October 31, 2011 Re: Plan Commission Case PC11 -11; Moose Lodge (6419 Chestnut); Request for a Text Amendment to the unified Development Code and a Special Use regarding club and lodge uses in the CR District Commission Report Public Notice was provided for the public hearing for this request in accordance with applicable requirements. A public notice was published on October 2, 2011, letters were sent to surrounding property owners on September 29, 2011, and a public notice sign was placed on the subject property on September 30, 2011. On October 17, 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 -11, PC 11 -11 consists of a request by applicant Morton Grove Moose Lodge #376 for the I ollowing: • Amendment to Section 12 -4 -3 of the Unified Development Code (UDC), to allow clubs and lodges as special uses in the C/R (Commercial /Residential) District; and • A resulting Special Use to permit the Moose Lodge at its current location (6419 Chestnut). 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 text amendment language, the status of the existing Moose Lodge and land use, and the site layout. The applicant was represented at the hearing by Mr. Eric Hoffman and Mr. Gerry Swearingen of the Moose Lodge, Both individuals testified concerning their request, and Village staff through Mr. Said provided an overview of the zoning matters associated with this application. The testimony and overview included the following information: The subject site is 6419 Chestnut, located west of Lehigh Ave. near the Morton Grove Matra station. The applicant desires to have the existing Moose Lodge conform to Village land use requirements, which currently prohibit Clubs and Lodges in the CR District, although they are allowed as Special Uses in the Cl and C2 Districts. As such, the Moose Lodge has been considered a legal nonconforming use. Staff identified one other club /lodge facility in the Village; the American Legion, which is at 6140 Dempster in the Cl District. Mr. Said mentioned that other clubs and social organizations Richard T. Flickinger Municipal Center 6101 Capulina Avenue • Morton Grove, Illinois 60053 -2995 OPT: Tel: (847) 965-4100 It- Fax: (847) 965 -4162 certainly exist in the Village, but typically conduct meetings at facilities such as schools, houses of worship, civic facilities, or business locations. The applicants testified that they plan no major changes to the Moose Lodge in the foreseeable future. Rather, they wish to establish compliance with the Village's existing requirements. They may do some relatively minor improvements in the future, such as an exterior update /upgrade and possibly a parking area resurfacing. Whatever changes are to come, they wish to avoid difficulties later due to a zoning nonconformity. Mr. Said asserted that Clubs and Lodges do not appear to conflict with the intent of the C/R District. He further explained that the existing Moose Lodge has been present at its current location for nearly 50 years, and can arguably be considered as more consistent with the emerging business /commercial uses in its immediate area than the previous quasi - industrial land uses around the subject site. He also emphasized that with the Special Use provision, the Village will retain a higher level of review for each potential request for this use in the CR District, Mr. Said further asserted that the Moose Lodge complies with applicable Development Standards (such as setbacks, FAR, and related requirements) of the C/R District. While the existing building does not conform to several of the recommended General Provisions in C/R (such as the recommended design guidelines and pedestrian orientation), these provisions are intended for new projects developed after this zoning district was created; however, the Moose Lodge has been present on this site since the early 1960's. Finally, Mr. Said explained that the long -term existing nature of this facility translated to no substantive Staff comments. As well, Traffic Safety Commission and Appearance Commission review were not required, as no traffic or appearance changes are proposed. Upon questioning from the Plan Commission, applicant Mr. Hoffman testified that the Moose Lodge meets the applicable Standards for Special Use; he reviewed and responded to each of the Standards to the satisfaction of the Commission. The Commission had other general questions concerning the site and the Moose Lodge, which the applicant answered. After Commissioner questions were concluded, any members of the public in attendance were invited to express their views on the project. No one in the audience wished to speak about this request. Findings of Fact — Text Amendment The applicants also testified to the applicable standards for amendments in Sec. 12- 16 -4 -E of the Unified Development Code; this testimony was further supported by Staff. The proposed text amendment will benefit the Village as a whole and does not confer special rights upon the applicant, as their existing operations will not change based on this request. Further, the applicant does not have a particular hardship that this amendment will address; their business has operated for approximately 50 years, and is considered a legal non - conforming use. Findings of Fact —Special Use 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. 2 I. Preservation of Health, Safety, Morals and Welfare — The 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 is managed to maintain the public health, safety and welfare. It has existed for a long time, and has not posed any difficulties for public health, safety, morals or welfare. 2. Adjacent Properties — The Special Use should not be injurious to the use and enjoyment of other property in the immediate vicinity for the uses permitted in the zoning district. The proposed business is bounded on two sides by the Forest Preserve, on a third by a municipal parking lot, and on the fourth by a proposed restaurant. The use and operations of the subject site are self- contained and do not spill over onto adjacent properties. 3. 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 property is located within the CR Commercial /Residential District, and the use already occupies an existing building. The Moose plans to maintain the existing site without using adjacent sites. 4. Adequate Facilities — Adequate utilities, access roads, drainage and other necessary facilities are in existence or are being provided. Adequate facilities, including utilities, access roads and related services are already provided to this area. No changes are proposed to the Moose Lodge, so no changes need to be considered to services. S. Traffic Control — Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion on the public streets. The proposed use of the subject site should not draw substantial amounts of traffic on focal residential streets. The existing building and parking areas are already provided with appropriate entrance and exit points. The location of the Moose Lodge on a dead -end street further helps to control traffic in this area, which is a mix of commercial, Metra train station, residential and other uses. 6. Adequate Buffering — Adequate fencing and /or screening shall be provided to ensure the right of enjoyment of surrounding properties to provide for the public safety or to screen parking areas and other visually incompatible uses. The existing building requires no additional buffering beyond what is already provided. No changes are proposed to the Moose Lodge. Further, wooded forest preserve land is located adjacent to the forest preserve on two sides, and to compatible uses on its other sides. 3 7. Conformance to Other Regulations — The Special Use shall, in all other respects, conform to applicable provisions of this Ordinance or amendments thereto. Variation from provisions of this Ordinance, as provided for in Section 12-16 - 3AI, 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, and otherwise the proposal and the building appear to conform to applicable zoning requirements. Commission Recommendations Text Amendment: It was moved, and seconded, to recommend approval of the Text Amendments as requested. The motion carried: Yes 7; No 0; Absent 0 The voting: Chairman Farkas Aye Commissioner Blonz Aye Commissioner Dorgan Aye Commissioner Gabriel Aye Commissioner Ramos Aye Commissioner Roepenack Aye Commissioner Shimanski Aye Special Use: It was moved, and seconded, to recommend approval of the Special Use for this project. The motion carried: Yes 7; No 0; Absent 0 The voting: Chairman Farkas Aye Commissioner Blonz Aye Commissioner Dorgan Aye Commissioner Gabriel Aye Commissioner Ramos Aye Commissioner Roepenack Aye Commissioner Shimanski Aye The Plan Commission had no recommendation regarding conditions of approval. 4 Legislative Summary ORDINANCE 11 -34 -- AN ORDINANCE AMENDING TITLE 5, CHAPTER 13, ARTICLE E. SECTION 1 ENTITLED "STREETS AND ALLEYS DESIGNATED AS ONE -WAY" OF THE MUNICIPAL CODE OF THE VILLAGE Introduced Objective Purpose Background Programs, Departs or Groups Affected Fiscal Impact Source of Funds Workload Impact Admin Recommend Second Reading Special Considerations or Requirements September 12,2011 To amend Title 5, Chapter 13, Article E Section i Entitled "Streets and Alleys Designated as One -Way" To encourage two -way traffic to use the alleys to access rear parking of businesses and signalized intersections within the Dempster Street corridor. The Traffic Safety Commission received a request from Village staff to repeal the one -way restriction on the alley one -half block south of Dempster Street between Austin Avenue and Marmora Avenue. The Traffic Safety Commission recalled the Special Use Permit forthe property at 5925 -5945 Dempster Street which stipulates the alley one -half block south of Dempster Street between Austin Avenue and Marmora Avenue be inade one -way eastbound. The signage within this alley was changed to restrict traffic to one -way eastbound, but the Municipal Code was never changed from the one -way westbound restriction enacted by Ordinance in 1972. The Traffic Safety Commission was made aware of a letter front a resident describing a collision of the resident's vehicle with the concrete loading dock adjacent to the alley. The Traffic Safety Commission recommends eliminating the one -way restriction with special consideration being given to the Special Use Permit and additional signage to be added at the loading dock. On September 26, 201 1, the Village Board of Trustees passed this Ordinance (Ordinance 11-34). Subsequent to that meeting on October 10, 2011, the Village Board passed a motion to reconsider this ordinance at its October 24, 2011, meeting. Public Works, Engineering Division No fiscal impact N/A None. Approval as presented. Required — Municipal Code Change N/A Respectfully submitted; Reviewed by: _ — Josepl F. W se, Village Administrator Prepared by.— — — �, Reviewed by: Chris Tomich. Village Engineer Teresa Public Works Corporation Counsel ORDINANCE 11 -34 AN ORDINANCE TO AMEND TITLE 5, CHAPTER 135 ARTICLE E, SECTION 1 ENTITLED "STREETS AND ALLEYS DESIGNATED AS ONE -WAY" OF THE MUNICIPAL CODE OF THE VILLAGE OF MORTON GROVE 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, ncluding but not limited to the power to tax and incur debt; and WHEREAS, the Village established the Traffic Safety Commission to receive, review. and present recommendations to the President and Board of Trustees regarding requests or inquiries on matters involving traffic safety, including requests for installation of traffic control devices; and WHEREAS, the Traffic Safety Commission received a request from Village staff to repeal the one -way restriction on the alley one -half block south of Dempster Street between Austin Avenue and Marmora Avenue to encourage two -way traffic to use the alleys to access rear parking of businesses and signalized intersections within the Dempster Street corridor; and WHEREAS., the Traffic Safety Commission, at its regtilarly scheduled meeting on August 4, 2011, at 7:30 pm at the Richard T. Fiickinper Municipal Center, considered the above referenced request; and WHEREAS, notifications of the meetings were sent to residents in the area; and WHEREAS, the Traffic Safety Commission discussed the Ordinance 0 1 -60 which granted a Special Use Permit to the property at 5925 -5945 Dempster Street with the stipulation that the alley one -half block south of Dempster Street between Austin Avenue and Marmora Avenue be made one - way eastbound; and WHEREAS, the signage within this alley was changed to restrict traffic to one -way eastbound.. but the Municipal Code was never changed from the one -way westbound restriction enacted by Ordinance in 1972: and WHEREAS, Village staff has determined the Village is not bound by conditions and restrictions placed upon the Owner, Lessee, Occupant and Users in the Special Use Permit granted in Ordinance 01 -60; and WHEREAS, the Traffic Safety Commission was made aware of a letter from a resident describing a collision of the resident's vehicle with the concrete loading dock adjacent to the alley: and WHEREAS, the Traffic Safety Commission recommends eliminating the one -way restriction with special consideration being given to Special Use Permit and additional signage to be added at loading dock. WHEREAS, the Village President and Board of Trustees have determined it is in the best interest of the Village to eliminate the one -way restriction on the alley one -half block south of Dempster Street between Austin Avenue and Marmora Avenue to encourage two -way traffic to use the alleys to access rear parking of businesses and signalized intersections within the Dempster Street corridor and to advise the property owner at 5925 -5945 Dempster Street of the poor visibility of the concrete loading dock on their property adjacent to the Village's alley. 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: Title 5, Chapter 13, Article. E, Section 1 Entitled "Streets and Alleys Designated as One -Way" is hereby amended to delete the following restriction: 5- 13E -1: STREETS AND ALLEYS DESIGNATED AS ONE -WAY: The following streets and alleys are designed as one -way streets and alleys: -- - -- — Street Between Direction Alley 1/1 block south of Dempster Street Austin Avenue and Marmora Avenue � Westbound SECTION 3: The Director of Public Works and/or his designee is hereby authorized and directed to remove any conflicting signs and erect such signs as detailed in this Ordinance. SECTION 4: The Village Engineer is directed to contact the property owner of 5925 -5945 Dempster Street to advise the property owner of limited visibility of the concrete load dock and to request the property owner adds warning signage that will effectively demarcate the fixed object adjacent to the travelled way. SECTION 5: This ordinance shall be communicated to residents and businesses adjacent to the alley via a letter, which shall be received as evidence of the passage and legal publication of this Ordinance. SECTION 6: This ordinance shall be in full force and effect upon its approval and publication. PASSED THIS 14`x' day of November 2011 Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gombera Grear Marcus Thill Toth APPROVED BY ME THIS 14`x' day of November 2011 Daniel .1. Staackmann, Village President Village of Morton Grove Cook County, Illinois ATTESTED and FILED in my office This 15 °i day of November 2011. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Legislative Summary �— - - -- Ordinance I1 -40 PROVIDING FOR THE SUBMISSION TO THE ELF.,CTORS OF THE VILLAGE OF MORTON GROVE, COOK COUNTY, ILLINOIS, THE QUESTION WHETHER THE VILLAGE SHOULD HAVE THE AUTHORITY UNDER PUBLIC ACT 096 -0176 TO ARRANGE FOR THE SUPPLY OF ELECTRICITY FOR ITS RESIDENTIAL AND SMALL COMMERCIAL CUSTOMERS WHO HAVE NOT OPTED OUT OF SUCH A PROGRAM Introduced: November 14, 2011 Synopsis: To allow a public referendum question before the electors of the Village of Morton Grove on the March 20, 2012, ballot which will determine whether the Village of Morton Grove, under state law, shall have the authority to arrange for the supply of electricity for residential and small commercial customers. Purpose: To allow the Village the authority to arrange for a referendum to be held which may help lower electricity rates for residential and small commercial customers. Background: State law deregulating the electricity supply market has allowed local governments to bundle — or aggregate — residential and small commercial electric accounts and seek bids for a lower cost source of power, similar to how the Village obtains competitive proposals for solid waste and recycling services. Illinois Public Act 096 -0176 gives municipalities the authority to bring residents and small businesses together to buy electricity as a group and negotiate price of the electric supply on the group's behalf. All eligible residents jand small businesses are automatically enrolled. Those who do not want to participate can °opt -out" of the program. This aggregation program can only be implemented when the voters approve a referendum in an election. The next available election will be held in March 2012. After a ballot issue is approved, the Village, with the assistance of an electricity supply brokerage consultant, would solicit bids for the municipality's aggregated load. These bid rates would be compared to Commonwealth Edison's rates and the municipality would only move forward if the new supplier's rate is favorable. If no savings could be realized, the Village could make no change and continue to purchase power through Commonwealth Edison. Whether the Village selects an aggregate supplier or not, residents would continue to call Commonwealth Edison in the event of service outages. Commonwealth Edison would continue to send residents their monthly bills. The Village must pass an ordinance by the end of this year to place the referendum on the upcoming March 2012 ballot. After the ballot. if affirmed, two public hearings would be held before competitive proposals are solicited. Savings have been estimated at approximately 10% of the electricity supply portion of a bill. The attached sheet addresses frequent Village resident concerns. Programs, Departs I Administrative and Legal Departments or Groups Affected Fiscal Impact: 1 ! Savings have been estimated at approximately 10 °/'() for individual residents and businesses that opt to join in on this program. Source of Funds: N/A Workload Impact: The various documents will be prepared during the normal course of business by the Administration and Legal Departments. s. Recommend: Approval as presented. - Second Reading: Required — November 28, 2011 Special Consider 1 None or Requirements Respectfully submitted: Gill , Zt�, Joseph . W e, Vage Administrator l Prepared by:��� _ fore Jet ale, Village Administrator Reviewed by: Teresa Hoffman Liston, Corporation Counsel Frequently Asked Questions Regarding Municipal Aggregation Q. What are the benefits of aggregation? A. Aggregation allows the Village to test the competitive market of electricity suppliers in order to obtain the most favorable rates available for residents and small business owners. Q. Are all residents obligated to participate? A. No. Any account holder may opt out of the program after the bidder is chosen and pay the rate Commonwealth Edison charges to accounts not participating in the aggregation program. Q. What does "opt out" mean? A. All residential and small commercial electricity users will be included in the customer base unless they affirmatively choose not to participate. The opportunity 10 opt out will be available to customers after the bids are received and the electric rate and identity of the supplier is made know to customers. Q. What is Commonwealth Edison's role in this program? A. Commonwealth Edison distributes electricity but does not produce it. The company is only responsible for power lines which bring electricity to customers, responding to outages and billing. It will continue to bill customers for power generation and individual electric usage regardless of the supplier of that electricity. Q. If power goes out, who do I call? A. Residents will continue calling Commonwealth Edison as it is responsible for ensuring electricity flows through its network to all homes and businesses in the Village. Q. If I participate, will I get two bills — one from Commonwealth Edison for delivering power and another from the company that generates power? A. No, Commonwealth Edison will remain responsible for billing for all power, regardless of the supplier. The only change would be the name of the power provider on the bill's power generation item line. Q. Will the Village's municipal utility tax be affected? A. No. The utility tax is charged against usage - not dollar charges. ORDINANCE 11 -40 PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF THE VILLAGE OF MORTON GROVE, COOK COiJNTV, ILLINOIS, THE QUESTION WHETHER THE VILLAGE SHOULD HAVE THE AUTHORITY UNDER PUBLIC ACT 096 -0176 TO ARRANGE FOR THE SUPPLY OF ELECTRICITY FOR ITS RESIDENTIAL AND SMALL COMMERCIAL CUSTOMERS WHO HAVE NOT OPTED OUT OF SUCH A PROGRAM 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, Recently the Illinois Power Agency Act, Chapter 20, Illinois Compiled Statutes Act 938551 added Section 1 -92 entitled Aggregaiion of Electrical Load by Municipalities and Counties (hereinafter referred to as the "Act "); and WHEREAS. Under the Act if the Village seeks to operate the aggregation program as an opt -out program for residential and small commercial retail customers, then prior to the adoption of an ordinance to establish a program, the Village must first submit a referendum to its residents to determine whether or not the aggregation program shall operate as an opt -out program for residential and small commercial retail customers. If the majority of the electors voting on the question vote in the affirmative, then the Corporate Authorities may implement an opt -out aggregation program for residential and small commercial retail customers; and WHEREAS, the Village Board hereby finds it is in the best interest of the Village of Morton Grove to operate the aggregation program under the Act as an opt -out program and to submit the question to the electors in a referendum pursuant to the Act. 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: Tire 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 Village Board of Trustees of the Village of Morton Grove finds the WHEREAS clauses set forth above are true and correct and includes the WHEREAS clauses in this ordinance. SECTION 3: The Village Board of Trustees has determined and finds it is in the best interest of the Village of Morton Grove to operate the aggregation program under the Act as an opt -out program. SECTION 4: In the event such question is approved by a majority of the electors voting on the question at the regular election to be held on March 12, 2012, the Village Board may implement an opt -out aggregation program and if the Village Board adopts such program then the Village shall comply with all terms and provisions of the Act. SECTION 5: The Village Clerk is hereby directed to immediately certify and submit the following question to the Cook County Clerk to be placed on the ballot for the general election to be held on March 12, 2012, in the following format: Shall the Village of Morton Grove have the authority to arrange YES for the supply of electricity, for its residential and sutall commercial retail customers who have not opted out of such a uroarani? NO SECTION 6: In the event the State of Illinois amends the Act to revise the form of the question to be placed on the ballot, the Village President is hereby authorized to direct the Cook County Clerk to change the form of the question to conform with the amended Act, if required. SECTION 7: The Village will choose an electrical load aggregation consultant who will use their professional expertise to develop a plan of operation and governance, to conduct the request for proposal (RFP) process and coordinate with the Illinois Commerce Commission, the Illinois Power Authority, the Attorney General's Office, and Commonwealth Edison. 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 28'h day of November 2011. Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED by me this 28"' day of November 2011. Daniel .1. Staackmann, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 29 "' day of November 2011. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Su Ordinance I1 -41 APPROVING AND AUTHORIZING AN AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE VILLAGE OF MORTON GROVE AND SPRINTCOM INC., A KANSAS CORPORATION CONCERNING REAL PROPERTY OWNED BV THE VILLAGE AND LOCATED AT 8820 NATIONAL Introduced: November 14, 2011 Synopsis: This ordinance will grant an amendment/extension to the lease agreement for the property located at 8820 National between the Village and SprintCom, Inc. Purpose: The lease amendment shall extend the term of the lease through March 2, 2013, with two five (5) year option periods and will provide for automatic rent increases at the rate of 3% per year. Background: The Village approved a lease agreement with SprintCom Inc., a Kansas Corporation on September 23, 1997, for the installation of personal wireless telecommunications facilities. The lease was amended pursuant to Ordinance 01 -32 in order to locate and operate personal communication service telecommunications facilities at the North Elevated Waler Tank. The term of the original lease amendment ended on March 1, 2008. Since that time SprintCom, Inc. continued to lease and utilize the property without the benefit of a formal lease agreement. Village staff and SprintCom, Inc., have negotiated a formal lease extension agreement for the period of time from March 2, 2008, and ending on March 1, 2013, subject to two additional five (5) year renewal options:. rent shall be increased by three percent (3 %) per year; all other terms and conditions of the original lease dated September 23, 1997, and the amendinent dated July 9, 2001, shall remain in full force and effect. Programs, Departs I Building and Inspectional Services, Public Works Department, Community and Economic or Groups Affected Development Department Fiscal Impact: An ongoing financial benefit to the Village in conjunction with leasing of space on a Village facility. Source of Funds: N/A Workload Impact: This special use amendment was processed by the Director of Community Development with assistance from the Public Works Department pursuant to the normal course of business. Admin Recommend: Approval as presented. Second Reading: Required - November 28, 1-011 Special Consider Sprint has formally requested the second reading be waived so modifications can be made to the or Requirements: tower before the end of November 201 1 (letter attached). Respectfully submitted: Village Administrator Prepared by: �J{iJh` (!--__. Teresa floffmarl' stop, Corporation Counsel Reviewed by: ie �i J — Ryan Horne, maucoDuectorJTreasurer ORDINANCE 11 -41 AN ORDINANCE APPROVING AND AUTHORIZING AN AMENDMENT TO THE LEASE AGREEMENT BETWEEN THE VILLAGE OF MORTON GROVE AND SPRINTCOM INC., A KANSAS CORPORATION CONCERNING REAL PROPERTY OWNED BY THE VILLAGE AND LOCATED AT 8820 NATIONAL WHEREAS, the Village of Morton Grove (Village), located in Cook County, Illinois, is a Rome 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 is the owner in fee simple of certain real property commonly known as 8820 National (hereinafter referred to as "the North Elevated Water Tank"); and WHEREAS, the Village approved a lease agreement with SprintCom Inc., a Kansas Corporation on September 23, 1997, which legally describes the North Elevated Water "Tank in Exhibit "A ": and WHEREAS, pursuant to the Zoning Ordinance of the Village of Morton Grove, certain real property may be utilized for the installation of personal wireless telecommunications facilities, subject to approval of a special use permit and such other variations as may be required and which was approved on December 8, 1997, and WHEREAS, on or about July 9, 2001, the Village pursuant to Ordinance 01 -32 approved an amendment to this lease agreement in order to Locate and operate personal communication service telecommunications facilities at the North Elevated Water Tank: and WHEREAS, the team of the original lease amendment ended on March 1, 2008; and WHEREAS, Since March 2, 2008, SprhrtCom. Inc., has continued to lease and utilize the property without the benefit of a formal lease agreement; and WHEREAS, the Village and SprintCom, Inc.. have negotiated a formal lease extension agreement for the period of time from March 2, 2008, and ending on March 1, 2013, subject to two additional five (5) year renewal options; rent shall be increased by three percent (3 %) at the anniversary of the commencement of each year thereafter: all other terms and conditions of the original lease dated September 23, 1997, and the amendment dated July 9, 2001, shall remain in full force and effect; and WHEREAS, the President and Board of trustees find, after consideration and review of the Lease amendment, the public interest will be sewed by the Village entering into this lease amendment, which will provide for the continuation and improvement of public telecommunications within the Village. provide fair and reasonable compensation for the use and enjoyment of the premises to be leased herein with minimum proliferation and impact on Village facilities on the community; and WHEREAS, the parties' obligations under this lease are further contingent upon the adoption of a certain special use amendment currently being considered by the Village Board pursuant to Ordinance 11 -38. 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 herein above set forth. SECTION 2: The Village President is hereby authorized to execute and the Village Clerk to attest to a lease amendment on behalf of the Village of Morton Grove in the same or substantially the same form as attached hereto. SECTION 3: The Village Administrator or his designee is hereby authorized and directed to take actions that are necessary or permitted under the terns of this lease amendment and as may be required under the lease amendment or as may be otherwise necessary to give full force and effect to this ordinance. SECTION 4: This ordinance shall be in full force and effect from and after its passage and approval as required by law. PASSED this 14 °i day of November 2011. Trustee Trustee Trustee Trustee "Trustee Trustee DiMaria Gombere Grear Marcus Thill Toth APPROVED by me this 14 °i day of November 2011. Daniel .1. Staackmamr, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 15`' day of November 2011. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Ulm November 12011 VIA EMAIL Email: rnavan-etctir7mortongrDVeiLorgq Village of Morton Glove Office of Pinanee Dircalm, I tcusury 6101 Capulina. Ave. Morton Grove, 11, 60053 For Sprint - Ericsson Pmuer(y .Services Mailstop KSOPH F0I Oi -Z2650 6341 Sprint Tarkc ay Overland Park, KS 6(7S 1 -21650 foil Free (MOOS7- 641 Facsimile: (913) 523 -9735 Email: I,anJ hlr<ISulutiunsn`Sr_in l._cngi Re: Renewal of Water Tank Lewe Apcoment ( "Agwrocul") dated September 23, 1947. as amended Lessor Village of Viorlon drove Lessee ( "Sprinl "): Sprintcon. Inc. Sprint Site ID: CliOXC24S -A Lessor Site ID: North Water Tank Site Address: 8820 National. Morton (move. iL Dear Sir or Madam: Per Ordinance 11 -38, Sprint would like to complete modifications to our site before the end of Novemher, We would like permission to from rite Village to wattve the second reading of the amendment so these modifications can begin. We appreciate your cooperation in this matter. Should you have amp questions reprrdine this renewal, please do not hesitate to eontaer our toll -Free Hotline at 800- 357 -764 L When calico& please have the Smim Site ID (CI I03XC249 -A) available for; cfar-Uncc, Sncereh. ) 1 �ackii Howatrd Sprim4s Authorized Representative ACKNOWLFI)GED BY LESSOR: VdIagc of Morton (;)rove he: Name.: Title: Date: Legislative Summary F Ordinance 11 -42 AMENDING THE VILLAGE OF MORTON GROVE UNIFIED DEVELOPMENT CODE SECTIONS 12 -4 -3 AND 12 -17 -1 TO ALLOW AN AUTO GLASS REPAIR /REPLACEMENT FACILITY AS A SPECIAL USE IN THE C -1 GENERAL COMMERCIAL DISTRICT Introduced Synopsis: Purpose: Background: Programs, Departs or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Admin Recommend: Second Reading: Special Consider or Requirements: November 14, 2011 This ordinance will approve text amendments to amend the Unified Development Code to allow an auto glass repair/replacement facility in the C -1 Commercial District as a special use. To allow an auto glass repair /replacement facility in the C -1 Commercial District as a special use. The Unified Development Code (UDC) is a comprehensive set of regulations for the zoninO of land and development of parcels within the Village. Currently, the UDC does not allow auto glass repair /replacement facilities in the C -1 General Commercial District. The current applicant has submitted a request for an amendment to allow for an auto olass repair /replacement facility as a special use. While the applicant desires to locate an auto glass repair/replacement facility at 8910 Waukegan Road, which is zoned C -I; the Village's review of the Current proposal is for all C -1 areas of the Village. Based on staff review of zoning requirements from other communities reviewed, it was determined allowing an auto glass repair /replacement facility as a special use in C -1 would be reasonable, and would provide opportunities for adaptive reuse of commercial areas. Special use review is warranted because of the unique operations of auto related uses which usually have different operations than most typical C -1 uses. This topic was discussed by the Plan Commission at the public hearing. Staff recommends this change. The Plan Commission recommends approval ofthese 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 November 28, 201 1, Required — Municipal Code Book change None Submitted b > } Y� Cl�, il�ilf�, Reviewed by Joseph`. Wa e, Village Administrator Teresa Hoffman r Prepared by. .Joint D. Said, Community and Economic Development Director yr . rporation Counsel ORDINANCE 11 -42 AMENDING THE VILLAGE. OF MORTON GROVE UNIFIED DEVELOPMENT CODE SECTIONS 12 -4 -3 AND 12 -17 -1 TO ALLOW AN AUTO GLASS REPAIR /REPLACEMENT FACILiTV AS A SPECIAL USE IN THIT C -1 GENERAL COMMERCIAL 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, Safelite AutoGlass has made a proper application to the Plan Commission in Case No. PC 11 -10 to consider and recommend the adoption of certain text amendments to the Village of Morton Grove Unified Development Code, Section 12 -4 -3 and 12 -17 -1 to allow auto glass repair /replacement facilities as special uses in the C -I General Commercial District; and WHEREAS, upon public notice duly published in the Morton Grove Cham ion newspaper, a newspaper of general circulation in the Village of Morton Grove, which took place on October 2, 1011 and a public hearing conducted on October 17, 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 October 31, 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 auto glass repair /replacement facilities as special uses with limits in the C -1 General Commercial Zoning District is appropriate and consistent with the intent of the C -1 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 (and 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. 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'.): The following section of the Unified Development Code, 12 -4 -3, entitled "Uses" (for the C -1 General Commercial District) is hereby amended: D. Uses: Zoning Districts Cateaories of Use _ C -1 C-2 CR Automotive repair (oil change, tires brakes, auto glass, S S X other mechanical items only) SECTION 3: The following section of the Unified Development Code, 12 -17 -1, entitled "Terms Defined" is hereby amended: 12 -17 -1: TERMS DEFINED: AUTOMOTIVE OR OTHER Any building or portion thereof or premises where battery, tire, MOTOR VEHICLE REPAIR and other similar services are rendered, but only if rendered wholly within lot lines. If automotive fuel dispensed, or offered for sale, is incidental to the conduct of automobile repair, the premises are classified as automobile repair. Automotive repair facilities do not include automotive repair beyond mechanical repair and auto glass. Any type of body work shall be considered a motor vehicle body shop. Automobile repair facilities do not include open sales lots as defined herein. 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 28 °i day of November 2011. Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this 28° day of November 201 Daniel .l. Staackruann, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 29°' day of November 2011. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois To: Planning Commission onttng Board of Appeals Village President and Board of Trustees = /� From: Ronald L. Farkas, Chairman, Plan Commission Date: October 31, 2011 Re: Plan Commission Case PC11 -10; Safelite Auto Glass (8910 Waukegan Road); Request for Text Amendments to the Unified Development Code and a Special Use regarding an auto glass facility in the C1 District Commission Report Public Notice was provided for the public hearing for this request in accordance with applicable requirements. A public notice was published on October 2, 2011, letters were sent to surrounding property owners on September 29, 2011, and a public notice sign was placed on the subject property on September 30, 2011. On October 17, 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 -10. PC 11 -10 consists of a request by applicant Safelite AutoGlass for the following: • Amendments to Section 12 -4 -3 of the Unified Development Code (UDC), to include auto glass replacement within the definition of Automotive Repair use; • Amendment to Section 12 -17 -1, definition for "Automotive or Other Motor Vehicle Repair° to add a reference for auto glass replacement; • A resulting Special Use to permit the proposed Safelite AutoGlass as a Special Use for automotive repair at 8910 Waukegan; and 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 text amendment language, the status of the Safelite AutoGlass application, the site plan and related details. The applicant was represented at the hearing by Mr. Greg Alexander of Safelite and Mr. John Szabo of Kudrna Associates architects. Both individuals testified concerning their request, and Village staff through Mr. Said provided an overview of the zoning matters associated with this application. The testimony and overview included the following information: They testified that Safelite proposes to construct a Safelite AutoGlass facility of approximately 4500 square feet, and in order to do so, amend to Village's requirements and obtain a special use to have this use conform to Village requirements. Safelite consists solely of auto glass replacement, installation and repair, and all such activity onsite is done entirely within the proposed enclosed building. Richard T. Flickinger Municipal Center 6101 Capulina Avenue • Morton Grove, Illinois 60053 - 2985�<. Eel: (847) 965 -4100 Fax: (847) 965 -4162 a l Mr. Said affirmed that the UDC (Unified Development Code) currently prohibits auto glass installation in the C -1 District, as it is classified with auto body repair. Auto body repair is allowed in the Village's M Districts; as a special use in M -1 and as a permitted use in M -2. Mr. Said further noted that Safelite's proposed operations, which as described above are limited to auto glass; they will not be engaged in body repair /collision services. Further, Safelite does not do auto repair such as mechanical work, tire replacement, brakes, oil, and related services, although such auto repairs are allowed in the C -1 District as special uses. Mr. Said noted that there are a number of mechanical shops in the immediate vicinity of the subject location, although he was not aware of any other business in the Village solely involved in auto glass replacement. Mr. Said asserted that there are single - family residential homes located west of the subject site, in an R -2 Single Family Residence District. There is an intervening 16' wide alley between the subject site and the single- family homes which provides further separation between the proposed commercial use and the residential area. Mr. Said noted that Safelite has agreed to cooperate with the Village to use the alley as part of their development plans for an increased buffer between the proposed commercial use and the adjacent residential area. In response, the applicant proposes a solid 6' wood fence along the west edge of the alley, and proposes to use the alley area for landscaping. In this way, Safelite's property and the alley will be developed as a unified site. According to Mr. Said, a license agreement will be developed between the Village and Safelite, so that the Village will retain ownership of the alley area, as there is an existing sewer line within the alley property. As such, the Village can access the sewer at any time for maintenance or repair needs. Safelite will be responsible for maintenance and upkeep of the landscaping and fencing in this area, the same as those improvements on their site. A condition of approval is included regarding the licensing agreement. In response to questions about parking, the applicants testified that much of the work originating from this location will be done by mobile units visiting customers throughout the region. Mobile units will visit this location, pick up supplies and auto glass, and then visit customers throughout the day. Often, such mobile units will visit a customer's home or place of work and complete glass replacement /repairs while a car is parked on a driveway or in a parking lot. Mobile units will be parked at employees' homes during non -work hours, not at this location. The proposed nineteen (19) parking spaces, including 15 outside spaces and four garage spaces, meets applicable requirements. Regarding the text amendment, Mr. Said further explained that the unique aspect of the proposed use, as a limited use, made comparisons to zoning requirements of other communities more difficult. Similar to Morton Grove, most zoning regulations from other communities do not delineate between auto glass and other body shop activities. Some communities allow auto body repair in their more intensive commercial areas (typically as special uses), while others limited such uses to industrial areas. More intensive activities, such as body work and auto painting, are certainly a consideration in those instances of increased restrictions. By itself, auto glass installation /repair /replacement would appear to cause less noise, vibration, odor, waste product, etc, than auto repair uses already allowed in C -1 as special uses. Initially, the applicant was requesting a rear yard (along north property line) setback variation of 1.0 feet; however, based on questioning from the Commission, the applicants testified that they would be able to slightly modify the site to eliminate the requested variation. Revised plans will comply with the required 5'setback. Commissioners also asked about the text amendments, and instructed that a few references be omitted. This way, glass repair will continue to be allowed in industrial districts (auto body uses). Commissioners further asked the applicant to relocate a light pole to improve lighting on the subject site Finally, regarding the review process, Mr. Said explained that the applicant has received positive recommendations from the Appearance Commission and Traffic Safety Commission for this project. They went through some revisions based on Staff review and Appearance Commission review, and have addressed all requested recommendations. After testimony and Commissioner questions and discussion were concluded, any members of the public in attendance were invited to express their views on the project. No one in the audience wished to speak about this request. Findinas of Fact —Text Amendment The applicants also testified to the applicable standards for amendments in Sec. 12- 16 -4 -E of the Unified Development Code; this testimony was further supported by Staff. The proposed text amendment will benefit the Village as a whole and does not confer special rights upon the applicant, as their proposed development is consistent with the intent of the commercial area. The applicant does not have a particular hardship that this amendment will address, as the proposal is intended to provide flexibility for the entire C1 District. Findings of Fact — Special Use 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. �. Preservation of Health, Safety, Morals and welfare — The establishment, maintenance and operation of the Special Use will not be detrimental to or endanger the public health, safer, morals or general welfare. The proposed use is designed to support the public health, safety and other concerns of the Village. No detrimental impact is expected. 2. Adjacent Properties — The Special Use should not be injurious to the use and enjoyment of other property in the immediate vicinity for the uses permitted in the zoning district. The proposed business is utilizing a commercially -zoned lot for a commercial business. The applicant plans to install landscaping and fencing to minimize this site's impact on residential properties. 3. 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 property is located within the Cl Commercial District, and surrounding properties are fully developed, except for the site to the south, which can develop without negative impact from the proposed business. 4. Adequate Facilities — Adequate utilities, access roads, drainage and other necessary facilities are in existence or are being provided. Adequate facilities, including utilities, access roads and related services are already provided to this area. Utilities and other services are adequately sized to accommodate this business. S. Traffic Control — Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion on the public streets. The proposed use of the subject site should not draw substantial amounts of traffic on local residential streets. The proposed site includes a single entrance /exit off Greenwood Ave., and will not directly access Waukegan Road. This will ensure better circulation and reduced conflicts along Waukegan Road. 6, Adequate Buffering — Adequate fencing and /or screening shall be provided to ensure the right of enjoyment of surrounding properties to provide for the public safety or to screen parking areas and other visually incompatible uses. The proposed site plan includes appropriate landscape buffering around the site, including use of the 16' alley along the west edge for buffering to the adjacent residential area. A 6' solid wood fence will be provided in this area as well to provide a visual barrier between the commercial and residential properties. 7. Conformance to Other Regulations — The Special Use shall, in all other respects, conform to applicable provisions of this Ordinance or amendments thereto. Variation from provisions of this Ordinance, as provided for in Section 12-16 - 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, and otherwise the proposal and the building appear to conform to applicable zoning requirements. Commission Recommendations Text Amendment: It was moved, and seconded, to recommend approval of the Text Amendments as requested. The motion carried: Yes 7; No 0; Absent 0 The voting: Chairman Farkas Aye Commissioner Blonz Aye Commissioner Dorgan Aye Commissioner Gabriel Aye Commissioner Ramos Aye Commissioner Roepenack Aye Commissioner Shimanski Aye Special Use: It was moved, and seconded, to recommend approval of the Special Use for this project. The motion carried: Yes 7; No 0; Absent 0 The voting Chairman Farkas Aye Commissioner Blonz Aye Commissioner Dorgan Aye Commissioner Gabriel Aye Commissioner Ramos Aye Commissioner Roepenack Aye Commissioner Shimanski Aye The Plan Commission recommends the following as conditions of approval for this project: 1. Prior to issuance of any permit, the applicant and the Village shall sign a license agreement that specifies Village access to its sewer and Safelite's requirement to install and maintain the required improvements in the alley area. 2. 3 5 The proposed Safelite AutoGlass facility shall be constructed in accordance with the following: • Site Plan (C -2) dated 11 -02 -2011 by Kudrna Associates; • Landscape Plan (LS -1) dated 11 -02 -2011 by Kudrna Associates; • Building Elevations Plan (A -3) dated 9 -21 -11 by the Embree Group; • Trash Enclosure Plan and Details (A -4) dated 9 -21 -11 by the Embree Group; and ® Lighting and Photometric Plans (no date) by AMES Engineering, with the light pole relocated to the northwest part of the property as specified at the October 17, 2011 Plan Commission meeting, and subject to review and approval of the Village Engineer. The hours of operation for Safelite shall be Monday through Saturday, 7 a.m. to 7 p.m., and Sunday, 9 a.m. to 5 p.m., or shorter hours within these timeframes. Legislative Summary r -- Ordinance 11 -43 AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ALLOW AN AUTO GLASS REPAIR /REPLACEMENT FACILITY Al' THE PROPERTY LOCATED AT 8910 WAUKEGAN ROAD Introduced: November 14, 201 1 Synopsis: This ordinance will grant a special use permit to allow an auto glass repair/replacement facility to operate at the property located at 8910 Waukegan Road, Morton Grove, Illinois, Purpose: This property is located in the C -1 General Commercial District. Auto glass repair /replacement facilities are allowed in that district pursuant to a special use permit. subject to approval of the corresponding ordinance to this request for a text amendment to the Municipal Code. Background: The applicant, Safelite AutoGlass, applied for a special use permit to operate an auto glass repair /replacement facility at 8910 Waukegan Road. A public hearing was held regarding this request before the Village of Morton Grove Plan Commission on October 17, 2011. Village staffhad no major concerns with the applicant's proposal and no concerned parties spoke regarding the matter. The applicant and Plan Commission addressed all topics associated with this request, leading to the Commission unanimously recommending the Village Board grant the special use to allow an auto glass repair /replacement facility to be known as Safelite AutoGlass at 8910 Waukegan Road, which shall be subject to certain special conditions including improvements to the alley, and days and hours of operation. Programs, Departments Building and Inspectional Services; Community and Economic Development or Groups Affected Department; Village Engineer Fiscal Impact: Anticipated sales tax and property tax revenues due to this new development. 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: November 28, 201 1, required Special Considerations or None Requirements: i Respectfully submitted: _�� /Jos' 4i ly {a ,VillageAdministrator Prepared by: Approved by:9 Teresa libffman 4 oil, Corporation Counsel John D. Said, Community an conomic Develop Dir [We 7i►��►[�7�ff��tj AN ORDINANCE GRANTING A SPECIAL USE PERMIT TO ALLOW AN AUTO GLASS REPAIR /REPLACEMENT FACILITY AT THE PROPERTY LOCATED AT 8910 WAUKEGAN ROAD 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, Safelite AutoGlass, P.O. Box 182000, Columbus, Ohio 43218- 2000, has made a proper application to the Plan Commission in the Village of Morton Grove under Case No. PC] 1 -10 requesting the approval of a special use permit to operate an auto glass repair /replacement facility at the property commonly known as 8910 Waukegan Road, Morton Grove, Illinois 60053; and WHEREAS, the property is located in the C -1 General Commercial District: and WHEREAS, Section 12 -4 -3 of the llillage of Morton Grove Unified Develohmew Code is being amended to allow an auto glass repair /replacement facility to be located in the C -I General Commercial 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 Morlor Grove Chaiypion, a newspaper of general circulation in the Village of Morton Grove which publication took place on October'-), 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 October 17, 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 October 31, 2011, a copy of which is attached hereto and made a part hereof and marked as Exhibit "A ": 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 so 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 8910 Waukegan Road, Morton Grove, Illinois 60053. is hereby granted a special use permit to allow an auto glass repair /replacement facility to be located and operated at that address subject to the following conditions and restrictions which shall be binding on the ownersllessees, occupants and users of this property, their successors and assigns for the duration of the special use: Prior to issuance of any permit, the applicant and the Village shall sign a license agreement which specifies Village access to its sewer and Safelite's requirement to install and maintain the required improvements in the alley area. 2. The proposed Safelite AutoGlass facility shall be constructed in accordance with the following: a. Site plan (C -2) dated November 2, 2011, by Kudrna Associates; b. Landscape plan (LS -1) dated November 2. 201 1, by Kudrna Associates; C. Building elevations plan (A -3) dated September 21, 2011, by the Embree Group; d. Trash enclosure plan and details (A -4) dated September 21, 2011, by the Embree Group; and e. Lighting and photometric plans (no date) by AMES Engineering, with the light pole relocated in the northwest part of the property as specified at the October 17, 2011, Plan Commission meeting, and subject to review and approval of the Village Engineer. The hours of operation for Safelite AutoGlass shall be Monday through Saturday, 7:00 am to 7:00 pm, and Sunday 9:00 am to 5:00 pm, or shorter hours within these time frames. SECTION 3: The owners, lessees, occupants, and users of 8910 Waukegan Road, 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 uses 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 Rill force and effect from and after its passage, approval and publication in pamphlet form according to law. PASSED this 28`' day of November 201 1. Trustee DiMaria Trustee Gomberg Trustee Grear. Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this 28`x' day of November 2011, Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois APPROVED and PILED in my office this 29`x' day of November 2011. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois To: Village o rr Planning Commission honing Board of Appeals Village President and Board of Trustees _ From: Ronald L. Farkas, Chairman, Plan Commission Date: October 31, 201E Re: Plan Commission Case PC11 -161; Safelite Auto Glass (8810 Waukegan Road); Request for Text Amendments to the Unified Development Code and a Special Use regarding an auto glass facility in the C1 District Commission Report Public Notice was provided for the public hearing for this request in accordance with applicable requirements. A public notice was published on October 2, 2011, letters were sent to surrounding property owners on September 29, 2011, and a public notice sign was placed on the subject property on September 30, 2011. On October 17, 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 -10. PC 11 -10 consists of a request by applicant Safelite AutoGlass for the following: • Amendments to Section 12 -4 -3 of the Unified Development Code (UDC), to include auto glass replacement within the definition of Automotive Repair use; ® Amendment to Section 12 -17 -1, definition for "Automotive or Other Motor Vehicle Repair" to add a reference for auto glass replacement; • A resulting Special Use to permit the proposed Safelite AutoGlass as a Special Use for automotive repair at 8910 Waukegan; and 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 text amendment language, the status of the Safelite AutoGlass application, the site plan and related details. The applicant was represented at the hearing by Mr. Greg Alexander of Safelite and Mr. John Szabo of Kudrna Associates architects. Both individuals testified concerning their request, and Village staff through Mr. Said provided an overview of the zoning matters associated with this application. The testimony and overview included the following information: They testified that Safelite proposes to construct a Safelite AutoGlass facility of approximately 4500 square feet, and in order to do so, amend to Village's requirements and obtain a special use to have this use conform to Village requirements. Safelite consists solely of auto glass replacement, installation and repair, and all such activity onsite is done entirely within the proposed enclosed building. Richard T. Flickinger Municipal Center 6101 Capulina Avenue • Morton Grove, Illinois 60059 -2985 Tel: (847) 965 -4100 Fax: (847) 965 -4162 � `` Mr. Said affirmed that the UDC (Unified Development Code) currently prohibits auto glass installation in the C -1 District, as it is classified with auto body repair. Auto body repair is allowed in the Village's M Districts; as a special use in M -1 and as a permitted use in M -2. Mr. Said further noted that Safelite's proposed operations, which as described above are limited to auto glass; they will not be engaged in body repair /collision services. Further, Safelite does not do auto repair such as mechanical work, tire replacement, brakes, oil, and related services, although such auto repairs are allowed in the C -1 District as special uses. Mr. Said noted that there are a number of mechanical shops in the immediate vicinity of the subject location, although he was not aware of any other business in the Village solely involved in auto glass replacement. Mr. Said asserted that there are single - family residential homes located west of the subject site, in an R -2 Single Family Residence District. There is an intervening 16' wide alley between the subject site and the single - family homes which provides further separation between the proposed commercial use and the residential area. Mr. Said noted that Safelite has agreed to cooperate with the Village to use the alley as part of their development plans for an increased buffer between the proposed commercial use and the adjacent residential area. In response, the applicant proposes a solid 6' wood fence along the west edge of the alley, and proposes to use the alley area for landscaping. In this way, Safelite's property and the alley will be developed as a unified site. According to Mr. Said, a license agreement will be developed between the Village and Safelite, so that the Village will retain ownership of the alley area, as there is an existing sewer line within the alley property. As such, the Village can access the sewer at any time for maintenance or repair needs. Safelite will be responsible for maintenance and upkeep of the landscaping and fencing in this area, the same as those improvements on their site. A condition of approval is included regarding the licensing agreement. In response to questions about parking, the applicants testified that much of the work originating from this location will be done by mobile units visiting customers throughout the region. Mobile units will visit this location, pick up supplies and auto glass, and then visit customers throughout the day, Often, such mobile units will visit a customer's home or place of work and complete glass replacement /repairs while a car is parked on a driveway or in a parking lot. Mobile units will be parked at employees' homes during non -work hours, not at this location. The proposed nineteen (19) parking spaces, including 15 outside spaces and four garage spaces, meets applicable requirements. Regarding the text amendment, Mr. Said further explained that the unique aspect of the proposed use, as a limited use, made comparisons to zoning requirements of other communities more difficult. Similar to Morton Grove, most zoning regulations from other communities do not delineate between auto glass and other body shop activities. Some communities allow auto body repair in their more intensive commercial areas (typically as special uses), while others limited such uses to industrial areas. More intensive activities, such as body work and auto painting, are certainly a consideration in those instances of increased restrictions. By itself, auto glass installation /repair /replacement would appear to cause less noise, vibration, odor, waste product, etc. than auto repair uses already allowed in C -1 as special uses. Initially, the applicant was requesting a rear yard (along north property line) setback variation of 1.0 feet; however, based on questioning from the Commission, the applicants testified that they would be able to slightly modify the site to eliminate the requested variation. Revised plans will comply with the required 5' setback. Commissioners also asked about the text amendments, and instructed that a few references be omitted. This way, glass repair will continue to be allowed in industrial districts (auto body uses). Commissioners further asked the applicant to relocate a light pole to improve lighting on the subject site. Finally, regarding the review process, Mr. Said explained that the applicant has received positive recommendations from the Appearance Commission and Traffic Safety Commission for this project. They went through some revisions based on Staff review and Appearance Commission review, and have addressed all requested recommendations. After testimony and Commissioner questions and discussion were concluded, any members of the public in attendance were invited to express their views on the project. No one in the audience wished to speak about this request. Findinos of Fact — Text Amendment The applicants also testified to the applicable standards for amendments in Sec. 12- 16 -4 -E of the Unified Development Code; this testimony was further supported by Staff. The proposed text amendment will benefit the Village as a whole and does not confer special rights upon the applicant, as their proposed development is consistent with the intent of the commercial area. The applicant does not have a particular hardship that this amendment will address, as the proposal is intended to provide flexibility for the entire C1 District. Findings of Fact —Special Use 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. 1, Preservation of Health, Safety, Morals and Welfare — The 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 is designed to support the public health, safety and other concerns of the Village. No detrimental impact is expected. 2. Adjacent Properties — The Special Use should not be injurious to the use and enjoyment of other property in the immediate vicinity for the uses permitted in the zoning district, The proposed business is utilizing a commercially -zoned lot for a commercial business. The applicant plans to install landscaping and fencing to minimize this site's impact on residential properties. 3. 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 property is located within the Cl Commercial District, and surrounding properties are fully developed, except for the site to the south, which can develop without negative impact from the proposed business. 4. Adequate Facilities —Adequate utilities, access roads, drainage and other necessary facilities are in existence or are being provided. Adequate facilities, including utilities, access roads and related services are already provided to this area. Utilities and other services are adequately sized to accommodate this business. 5. Traffic Control — Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion on the public streets. The proposed use of the subject site should not draw substantial amounts of traffic on local residential streets. The proposed site includes a single entrance /exit off Greenwood Ave., and will not directly access Waukegan Road. This will ensure better circulation and reduced conflicts along Waukegan Road. b. Adequate Buffering — Adequate fencing and /or screening shall be provided to ensure the right of enjoyment of surrounding properties to provide for the public safety or to screen parking areas and other visually incompatible uses. The proposed site plan includes appropriate landscape buffering around the site, including use of the 16' alley along the west edge for buffering to the adjacent residential area. A 6' solid wood fence will be provided in this area as well to provide a visual barrier between the commercial and residential properties. 2. Conformance to Other Regulations — The Special Use shall, in all other respects, conform to applicable provisions of this Ordinance or amendments thereto. Variation from provisions of this Ordinance, as provided for in Section 12 -1E- 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, and otherwise the proposal and the building appear to conform to applicable zoning requirements. Commission Recommendations Text Amendment: It was moved, and seconded, to recommend approval of the Text Amendments as requested. The motion carried: Yes 7; No 0; Absent 0 The voting: Chairman Farkas Aye Commissioner Blonz Aye Commissioner Dorgan Aye Commissioner Gabriel Aye Commissioner Ramos Aye Commissioner Roepenack Aye Commissioner Shimanski Aye Special Use: It was moved, and seconded, to recommend approval of the Special Use for this Project. The motion carried: Yes 7; No 0; Absent 0 The voting Chairman Farkas Aye Commissioner Blonz Aye Commissioner Dorgan Aye Commissioner Gabriel Aye Commissioner Ramos Aye Commissioner Roepenack Aye Commissioner Shimanski Aye The Plan Commission recommends the following as conditions of approval for this project: 1. Prior to issuance of any permit, the applicant and the Village shall sign a license agreement that specifies Village access to its sewer and Safelite`s requirement to install and maintain the required improvements in the alley area. 2 3 5 The proposed Safelite AutoGlass facility shall be constructed in accordance with the following: • Site Plan (C -2) dated 11 -02 -2011 by Kudrna Associates; • Landscape Plan (1-S -1) dated 11 -02 -2011 by Kudrna Associates; • Building Elevations Plan (A -3) dated 9 -21 -11 by the Embree Group; • Trash Enclosure Plan and Details (A -4) dated 9 -21 -11 by the Embree Group; and • Lighting and Photometric Plans (no date) by AMES Engineering, with the light pole relocated to the northwest part of the property as specified at the October 17, 2011 Plan Commission meeting, and subject to review and approval of the Village Engineer. The hours of operation for Safelite shall be Monday through Saturday, 7 a.m. to 7 p.m., and Sunday, 9 a.m. to 5 p.m., or shorter hours within these timeframes. Legislative Summary Ordinance 11 -44 I AMENDING THE VILLAGE OF MORTON GROVE UNIFIED DEVELOPMEN'i' CODE SECTION 12 -4 -3 TO ALLOW CLUBS AND LODGES AS SPECIAL USES IN THE CR COMMERCIAL /RESIDENTIAL DISTRICT Introduced: Synopsis: Purpose: Background: Programs, Departs or Groups Affected Fiscal Impact: Source of Funds: Workload Impact: Admin Recommend: Second Reading: Special Consider or Requirements: November 14, 2011 This ordinance will approve a text amendment to amend the Unified Development Code to allow clubs and lodges in the CR Commercial /Residential District as special uses. To allow clubs and lodges in the CR Commercial /Residential District as special uses. 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 does not allow clubs and lodges in the CR Commercial /Residential District. The current applicant has submitted a request requesting an amendment to allow a special use. While the applicant desires to maintain an existing Club as a special use at 6419 Chestnut, which is zoned CR; the Village's review of the current proposal is for all CR areas of the Village. Based on staff review of zoning requirements from other communities, allowing clubs and lodges as a special use in the CR District would be appropriate, and would provide additional flexibility for land uses in the CR District. Special use review is warranted because of the unique operation of clubs and lodges which may have different hours and parking needs than most typical CR uses. Staff has also added further controls to help limit such facilities to locations and conditions appropriate to the CR District. This topic was not discussed at a public hearing and the definition has not been changed. Staff and 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 November 28, 2011, Required— Municipal Code Book change None n / Submitted by: __— _— _���_ Reviewed by Joseph Wa e, Village Administrator Teresa Hoffman List6m Corporation Counsel Prepared by: �Z- John D. Said, Community and Fconomic Development Director ORDINANCE 11 -44 AMENDING THE VILLAGE OF MORTON GROVE UNIFIED DEVELOPMENT CODE SECTION 12 -4 -3 TO ALLOW CLUBS AND LODGES AS SPECIAL USES IN THE CR COMMERCIAL /RESIDENTIAL 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, Morton Grove Moose Lodge 9376, has made a proper application to the Plan Commission in Case No. PC 1 I -11 to consider and recommend the adoption of a certain text amendment to the Village of Morton Grove Unified Development Code• Section 12 -4 -3 to allow clubs and lodges as special uses in the CR Commercial /Residential District; and WHEREAS, upon public notice duly published in the Morton Grove Champion newspaper, a newspaper of general circulation in the Village of Morton Grove, which tools place on October 2, 2011, and a public hearing conducted on October 17, 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 October 31, 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 clubs and lodges as a special use with limits in the CR Commercial/Residential Zoning District is appropriate and consistent with the intent of the CR District within the Village of Morton Grove, and is consistent with development trends within 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, THEREFORE BE IT ORDAI.NED 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 -3, entitled "Uses" (for the CR Commercial /Residential District) is hereby amended: D. Uses: � Zoning Districts Categories of Use C -1 1 C -2 T CR Clubs and Lodges S S s' .. -1 Notes: (1 -4 existing) 5. Clubs and lodges in the CR District shall have kitchen and dining facilities for members and guests, and shall be located on lots with not less than 25,000 square feet nor more than 35,000 square feet of area. 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 28 °i day of November 2011. Trustee DiMaria Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth APPROVED by me this 28"' day of November 2011 Daniel .1. Staackmann, Village President Village of Morton Grove Cook County. Illinois APPROVED and PILED in my office this 29a' day of November 2011. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois Planning Coaaaaaaissioaa Zoning Board of Appeals To: village President and Board of Trustees y� From: Ronald L. Farkas, Chairman, Plan Commission Date: October 31, 2011 t Re: Plan Commission Case PCii -11; Moose Lodge (6419 Chestnut); Request for a Text Amendment to the Unified Development Code and a Special Use regarding club and lodge uses in the CR District Commission Report Public Notice was provided for the public hearing for this request in accordance with applicable requirements. A public notice was published on October 2, 2011, letters were sent to surrounding property owners on September 29, 2011, and a public notice sign was placed on the subject property on September 30, 2011. On October 17, 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 -11. PC 11 -11 consists of a request by applicant Morton Grove Moose Lodge #376 for the following: • Amendment to Section 12 -4 -3 of the Unified Development Code (UDC), to allow clubs and lodges as special uses in the C/R (Commercial /Residential) District; and • A resulting Special Use to permit the Moose Lodge at its current location (6419 Chestnut). 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 text amendment language, the status of the existing Moose Lodge and land use, and the site layout. The applicant was represented at the hearing by Mr. Eric Hoffman and Mr. Gerry Swearingen of the Moose Lodge. Both individuals testified concerning their request, and Village staff through Mr. Said provided an overview of the zoning matters associated with this application. The testimony and overview included the following information: The subject site is 6419 Chestnut, located west of Lehigh Ave. near the Morton Grove Metra station. The applicant desires to have the existing Moose Lodge conform to Village land use requirements, which currently prohibit Clubs and Lodges in the CR District, although they are allowed as Special Uses in the Cl and C2 Districts. As such, the Moose Lodge has been considered a legal nonconforming use. Staff identified one other club /lodge facility in the Village; the American Legion, which is at 6140 Dempster in the Cl District. Mr. Said mentioned that other clubs and social organizations Richard T. Flickinger Municipal Ccnter 6101 Capulina Avenue e Morton Grove, Illinois 60053- 2985�v Tel: (847) 965 -4100 Fax: (847) 965 -4162 fir'. certainly exist in the Village, but typically conduct meetings at facilities such as schools, houses of worship, civic facilities, or business locations. The applicants testified that they plan no major changes to the Moose Lodge in the foreseeable future. Rather, they wish to establish compliance with the Village's existing requirements. They may do some relatively minor improvements in the future, such as an exterior update /upgrade and possibly a parking area resurfacing. Whatever changes are to come, they wish to avoid difficulties later due to a zoning nonconformity. Mr. Said asserted that Clubs and Lodges do not appear to conflict with the intent of the C/R District. He further explained that the existing Moose Lodge has been present at its current location for nearly 50 years, and can arguably be considered as more consistent with the emerging business /commercial uses in its immediate area than the previous quasi - industrial land uses around the subject site. He also emphasized that with the Special Use provision, the Village will retain a higher level of review for each potential request for this use in the CR District. Mr. Said further asserted that the Moose Lodge complies with applicable Development Standards (such as setbacks, FAR, and related requirements) of the C/R District. While the existing building does not conform to several of the recommended General Provisions in C/R (such as the recommended design guidelines and pedestrian orientation), these provisions are intended for new projects developed after this zoning district was created; however, the Moose Lodge has been present on this site since the early 1960`s. Finally, Mr. Said explained that the long -term existing nature of this facility translated to no substantive Staff comments. As well, Traffic Safety Commission and Appearance Commission review were not required, as no traffic or appearance changes are proposed. Upon questioning from the Plan Commission, applicant Mr. Hoffman testified that the Moose Lodge meets the applicable Standards for Special Use; he reviewed and responded to each of the Standards to the satisfaction of the Commission. The Commission had other general questions concerning the site and the Moose Lodge, which the applicant answered. After Commissioner questions were concluded, any members of the public in attendance were invited to express their views on the project. No one in the audience wished to speak about this request. Findings of Fact — Text Amendment The applicants also testified to the applicable standards for amendments in Sec. 12- 16 -4 -E of the Unified Development Code; this testimony was further supported by Staff. The proposed text amendment will benefit the Village as a whole and does not confer special rights upon the applicant, as their existing operations will not change based on this request. Further, the applicant does not have a particular hardship that this amendment will address; their business has operated for approximately 50 years, and is considered a legal non - conforming use. Findings of Fact— Special Use 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. 2 i. Preservation of Health, Safety, Morals and Welfare — The 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 is managed to maintain the public health, safety and welfare. It has existed for a long time, and has not posed any difficulties for public health, safety, morals or welfare. 2. Adjacent Properties — The Special Use should not be injurious to the use and enjoyment of other property in the immediate vicinity for the uses permitted in the zoning district. The proposed business is bounded on two sides by the Forest Preserve, on a third by a municipal parking lot, and on the fourth by a proposed restaurant. The use and operations of the subject site are self- contained and do not spill over onto adjacent properties. 3. 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 property is located within the CR Commercial /Residential District, and the use already occupies an existing building. The Moose plans to maintain the existing site without using adjacent sites. 4. Adequate Facilities — Adequate utilities, access roads, drainage and other necessary facilities are in existence or are being provided. Adequate facilities, including utilities, access roads and related services are already provided to this area. No changes are proposed to the Moose Lodge, so no changes need to be considered to services. 5. Traffic Control — Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion on the public streets. The proposed use of the subject site should not draw substantial amounts of traffic on local residential streets. The existing building and parking areas are already provided with appropriate entrance and exit points. The location of the Moose Lodge on a dead -end street further helps to control traffic in this area, which is a mix of commercial, Metra train station, residential and other uses. 6. Adequate Buffering — Adequate fencing and /or screening shall be provided to ensure the right of enjoyment of surrounding properties to provide for the public safety or to screen parking areas and other visually incompatible uses. The existing building requires no additional buffering beyond what is already provided. No changes are proposed to the Moose Lodge. Further, wooded forest preserve land is located adjacent to the forest preserve on two sides, and to compatible uses on its other sides. 7. Conformance to Other Regulations — The Special Use shall, in all other respects, conform to applicable provisions of this Ordinance or amendments thereto. Variation from provisions of this Ordinance, as provided for in Section 12-16 - 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, and otherwise the proposal and the building appear to conform to applicable zoning requirements. Commission Recommendations Text Amendment: It was moved, and seconded, to recommend approval of the Text Amendments as requested. The motion carried: Yes 7; No 0; Absent 0 The voting Chairman Farkas Aye Commissioner Blonz Aye Commissioner Dorgan Aye Commissioner Gabriel Aye Commissioner Ramos Aye Commissioner Roepenack Aye Commissioner Shimanski Aye Special Use: It was moved, and seconded, to recommend approval of the Special Use for this project. The motion carried: Yes 7; No 0; Absent 0 The voting: Chairman Farkas Aye Commissioner Blonz Aye Commissioner Dorgan Aye Commissioner Gabriel Aye Commissioner Ramos Aye Commissioner Roepenack Aye Commissioner Shimanski Aye The Plan Commission had no recommendation regarding conditions of approval. 4 Legislative Summary Ordinance 11 -45 AN ORDINANCE GRANTING A SPECIAL USE PERMIT' TO ALLOW CLUBS AND LODGES AT THE PROPERTY LOCATED AT 6419 CHESTNUT Introduced: November 14, 2011 Synopsis: This ordinance will grant a special use permit to allow a club and lodge to operate at the property located at 6419 Chestnut, Morton Grove, Illinois. Purpose: This property is located in the CR Commercial /Residential District. Clubs and lodges are allowed in that district pursuant to a special use permit, subject to approval of the corresponding ordinance to this request for a text amendment to the Municipal Code, Background: The applicant, Morton Grove Moose Lodge 4376, applied for a special use permit to operate a club and lodge at 6419 Chestnut. A public hearing was held regarding this request before the Village of Morton Grove Plan Commission on October 17, 2011. Village staff had no major concerns with the applicant's proposal and no concerned parties spoke regarding the matter. The Plan Commission is unanimously recommending the Village Board grant the special use to allow the special use at the property commonly known as the Moose Lodge at 6419 Chestnut. 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: November 28, 2011, required Special Considerations or None Requirements: Respectfully submitted: i.,t�l�, Joseph Village Administrator Prepared by: Approved by: Teresa Hoffman Liston, Corporation Counsel John D. Said, Community and Economic Develop Dir ORDINANCE 11 -45 AN ORDINANCE GRANTING A SPECIAL USE PERIWT TO ALLOW CLUBS AND LODGES AT THE PROPERTY LOCATED AT 6419 CHESTNUT 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, Morton Grove Moose Lodge #376, 6419 Chestnut, Morton Grove, Illinois 60053, has made a proper application to the Plan Commission in the Village of Morton Grove under Case No. PC] 1 -11 requesting the approval of a special use permit to operate a club and lodge at the property commonly known as 6419 Chestnut, Morton Grove, Illinois 60053: and WHEREAS, the property is located in the CR Commercial/Residential District: and WHEREAS, Section 12 -4 -3 of the v illage of Morton Grove Unified Development Code is being amended to allow clubs and lodges to be located in the CR Commercial /Residential 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 Chanjmion, a newspaper of general circulation in the Village of Morton Grove which publication took place on October 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 October 17, 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 October 31, 2011, a copy of which is attached hereto and made a part hereof and marked as Exhibit "A "; 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 so 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 6419 Chestnut, Morton Grove, Illinois 60053. is hereby granted a special use permit to allow a club and lodge to be located and operated at that address. SECTION 3: The owners, lessees, occupants, and users of 6419 Chestnut, 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 28`" day of November 2011. Trustee Trustee Trustee Trustee Trustee Trustee DiMaria Gomberg Grear Marcus Thill Toth APPROVED by me this 28`f' day of November 2011. Daniel J. Staackmann, Village President Village of Morton Grove Cook County, Illinois APPROVED and FILED in my office this 29 "' day of November 2011. Tony S. Kalogerakos, Village Clerk Village of Morton Grove Cook County, Illinois To: From Date: Planning Commission Zomming Board of Appeals Village President and Board of Trustees �y7 Ronald L. Farkas, Chairman, Plan Commission %! October 31, 2011 ✓ /�'` Re: Plan Commission Case PC11 -11; Moose Lodge (6419 Chestnut); Request for a Text Amendment to the Unified Development Code and a Special Use regarding club and lodge uses in the CR District Commission Report Public Notice was provided for the public hearing for this request in accordance with applicable requirements. A public notice was published on October 2, 2011, letters were sent to surrounding property owners on September 29, 2011, and a public notice sign was placed on the subject property on September 30, 2011. On October 17, 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 -11. PC 11 -11 consists of a request by applicant Morton Grove Moose Lodge #376 for the following: • Amendment to Section 12 -4 -3 of the Unified Development Code (UDC), to allow clubs and lodges as special uses in the C/R (Commercial /Residential) District; and • A resulting Special Use to permit the Moose Lodge at its current location (6419 Chestnut). 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 text amendment language, the status of the existing Moose Lodge and land use, and the site 'layout. The applicant was represented at the hearing by Mr. Eric Hoffman and Mr. Gerry Swearingen of the Moose Lodge. Both individuals testified concerning their request, and Village staff through Mr. Said provided an overview of the zoning matters associated with this application. The testimony and overview included the following information: The subject site is 6419 Chestnut, located west of Lehigh Ave. near the Morton Grove Metra station. The applicant desires to have the existing Moose Lodge conform to Village land use requirements, which currently prohibit Clubs and Lodges in the CR District, although they are allowed as Special Uses in the Cl and C2 Districts. As such, the Moose Lodge has been considered a legal nonconforming use. Staff identified one other club /lodge facility in the Village; the American Legion, which is at 6140 Dempster in the Cl District. Mr. Said mentioned that other clubs and social organizations Richard T. Flickinger Municipal Center 6101 Capulina Avenue • Morton Grove, Illinois 60053 -2985 Tel: 847 965 -4100 r. ( ) Fax: (847) 965 -4162 �„ - certainly exist in the Village, but typically conduct meetings at facilities such as schools, houses of worship, civic facilities, or business locations. The applicants testified that they plan no major changes to the Moose Lodge in the foreseeable future. Rather, they wish to establish compliance with the Village's existing requirements. They may do some relatively minor improvements in the future, such as an exterior update /upgrade and possibly a parking area resurfacing. Whatever changes are to come, they wish to avoid difficulties later due to a zoning nonconformity. Mr. Said asserted that Clubs and Lodges do not appear to conflict with the intent of the C/R District. He further explained that the existing Moose Lodge has been present at is current location for nearly 50 years, and can arguably be considered as more consistent with the emerging business /commercial uses in is immediate area than the previous quasi- industrial land uses around the subject site. He also emphasized that with the Special Use provision, the Village will retain a higher level of review for each potential request for this use in the CR District. Mr. Said further asserted that the Moose Lodge complies with applicable Development Standards (such as setbacks, FAR, and related requirements) of the C/R District. While the existing building does not conform to several of the recommended General Provisions in C/R (such as the recommended design guidelines and pedestrian orientation), these provisions are intended for new projects developed after this zoning district was created; however, the Moose Lodge has been present on this site since the early 1960's. Finally, Mr. Said explained that the long -term existing nature of this facility translated to no substantive Staff comments. As well, Traffic Safety Commission and Appearance Commission review were not required, as no traffic or appearance changes are proposed. Upon questioning from the Plan Commission, applicant Mr. Hoffman testified that the Moose Lodge meets the applicable Standards for Special Use; he reviewed and responded to each of the Standards to the satisfaction of the Commission. The Commission had other general questions concerning the site and the Moose Lodge, which the applicant answered. After Commissioner questions were concluded, any members of the public in attendance were invited to express their views on the project. No one in the audience wished to speak about this request. Findings of Fact — Text Amendment The applicants also testified to the applicable standards for amendments in Sec. 12- 16 -4 -E of the Unified Development Code; this testimony was further supported by Staff. The proposed text amendment will benefit the Village as a whole and does not confer special rights upon the applicant, as their existing operations will not change based on this request. Further, the applicant does not have a particular hardship that this amendment will address; their business has operated for approximately 50 years, and is considered a legal non - conforming use. Findings of Fact — Special Use 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. 1. Preservation of Health, Safety, Morals and Welfare — The 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 is managed to maintain the public health, safety and welfare. It has existed for a long time, and has not posed any difficulties for public health, safety, morals or welfare. 2. Adjacent Properties — The Special Use should not be injurious to the use and enjoyment of other property in the immediate vicinity for the uses permitted in the zoning district. The proposed business is bounded on two sides by the Forest Preserve, on a third by a municipal parking lot, and on the fourth by a proposed restaurant. The use and operations of the subject site are self- contained and do not spill over onto adjacent properties. 3. 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 property is located within the CR Commercial /Residential District, and the use already occupies an existing building. The Moose plans to maintain the existing site without using adjacent sites. 4. Adequate Facilities — Adequate utilities, access roads, drainage and other necessary facilities are in existence or are being provided. Adequate facilities, including utilities, access roads and related services are already provided to this area. No changes are proposed to the Moose Lodge, so no changes need to be considered to services. compatible uses on its other sides. S. Traffic Control — Adequate measures have been or will be taken to provide ingress and egress designed to minimize traffic congestion on the public streets. The proposed use of the subject site should not draw substantial amounts of traffic on local residential streets. The existing building and parking areas are already provided with appropriate entrance and exit points. The location of the Moose Lodge on a dead -end street further helps to control traffic in this area, which is a mix of commercial, Metra train station, residential and other uses. fs. Adequate Buffering — Adequate fencing and /or screening shall be provided to ensure the right of enjoyment of surrounding properties to provide for the public safety or to screen parking areas and other visually incompatible uses. The existing building requires no additional buffering beyond what is already provided. No changes are proposed to the Moose Lodge. Further, wooded forest preserve land is located adjacent to the forest preserve on two sides, and to compatible uses on its other sides. 7. Conformance to Other Regulations — The Special Use shall, in all other respects, conform to applicable provisions of this Ordinance or amendments thereto. Variation from provisions of this Ordinance, as provided for in Section 12-16 - 3Ai, 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, and otherwise the proposal and the building appear to conform to applicable zoning requirements. Commission Recommendations Text Amendment: It was moved, and seconded, to recommend approval of the Text Amendments as requested. The motion carried: Yes 7; No 0; Absent 0 The voting: Chairman Farkas Aye Commissioner Blonz Aye Commissioner Dorgan Aye Commissioner Gabriel Aye Commissioner Ramos Aye Commissioner Roepenack Aye Commissioner Shimanski Aye Special Use: It was moved, and seconded, to recommend approval of the Special Use for this project. The motion carried: Yes 7; No 0; Absent 0 The voting: Chairman Farkas Aye Commissioner Blonz Aye Commissioner Dorgan Aye Commissioner Gabriel Aye Commissioner Ramos Aye Commissioner Roepenack Aye Commissioner Shimanski Aye The Plan Commission had no recommendation regarding conditions of approval.