Loading...
HomeMy WebLinkAbout2011-11-14 MinutesI. Village President Dan Staackmann called the meeting to order at 7:00 p.m. and directed the Clerk to call the roll. IV. Village Clerk Tony Kalogerakos called the roll. Present were: Trustees Dan DiMaria, Larry Gomberg, Bill Grear, Shel Marcus, John Thill, and Maria Toth. APPROVAL OF MINUTES Regarding the Minutes of the October 24, 2011 Regular Board Meeting, Trustee DiMaria moved, seconded by Trustee Grear, to accept the Minutes as presented. Motion passed unanimously via voice vote. Regarding the Special Meeting Minutes of October 25, 2011, Trustee DiMaria moved, seconded by Trustee Toth, to accept the Minutes as presented. There was no discussion. Motion passed unanimously via voice vote. SPECIAL REPORTS Plan Commission Case PC 11 -10 Requesting a Text Amendment to the Village of Morton Grove Unified Development Code and a Special Use Permit for an Auto Glass Repair( Replacement Facility at 8910 Waukegan Road. a. Plan Commission Chairman Ron Farkas said that he was presenting two reports tonight; both are similar in that the Village's Unified Development Code must be amended first to allow the respective types of businesses in the particular zoning districts as a Special Use. Both also then request a Special Use Permit to operate their respective facilities. b. In this Case, the Applicant is Safelite AutoGlass. They are requesting an amendment to the Village's Unified Development Code to include auto glass replacement within the definition of the Automotive Repair use in the C -1 zoning district, and to add a reference to auto glass replacement to the definition for "Automotive or Other Motor Vehicle Repair." They are also requesting a Special Use Permit to open an auto glass repair facility at 8910 Waukegan Road, Mr. Farkas said that, currently, auto glass repair /replacement and auto body work are only al- lowed in the M- Manufacturing zoning district. After discussion, the Plan Commission felt that, by itself, auto glass installation /repair /replacement appears to cause less noise, vibration, IV. Minutes of November 14, 2011 Boartl Meetine SPECIAL REPORTS (continued) C. odor, waste product, etc., than auto repair uses already allowed in C -1 zoning districts as special uses. The Commission felt the standards for amending the Unified Development Code were met, and voted unanimously to recommend approval of the text amendment. Safelite AutoGlass proposes to construct a facility of approximately 4,500 square feet at 8910 Waukegan Road. The facility will be limited to auto glass replacement, installation, and repair, and all activity will be done onsite within the facility. Because there are single - family residential homes located west of the site, with a 16 -foot wide alley separating the proposed Safelite facility and the homes, Safelite is proposing to install a solid 6 -foot wood fence along the west edge of the alley, and use the alley area itself for landscaping. The Village will retain ownership of the alley, as there is an existing sewer line there. Safelite, however, will be responsible for the maintenance and upkeep of the landscaping and fencing. e. Regarding parking, the Safelite representatives testified that much of the work originating from this location will be done by mobile units visiting customers throughout the area. Mobile units will come to the facility, pick up supplies and auto class, and then visit customers during the course of the day, completing their work while the customer's car is parked at work or in the owner's driveway. Mobile units will be parked at employees' homes during non -work hours. The proposed 19 parking spaces, including 15 outside spaces and 4 garage spaces, meets the Village's requirements. f. Mr. Farkas said the applicant was initially requesting a rear yard setback variance; however, they are now stating that they are modifying the site so that they don't need to request this variance after all, g. Mr. Farkas said the Commission felt that this application met the seven standards for granting a Special Use Permit, and voted unanimously to recommend approval of the Special Use request. h. Commissioner Toth sought clarification that the 15 external spaces will not be used to park customers' cars overnight. Mr. Farkas said that is correct. Trustee Marcus asked if any of the residents from the neighborhood spoke. Mr. Farkas said none did, although they were invited to do so. therefore noise should not be an j. Trustee Thill said he had spoken to some residents in that area who were concerned about the 6 -foot fence. One neighbor has a gate going out to the alley. Trustee Thill asked if the alley would still be usable. Mr. Farkas said there will still be a little area in between, and said that Village staff and the applicant had said they would work with the residents on that. He said no one had mentioned a gate, though. k. Trustee Thill was also concerned about work beginning at 9:00 a.m. on Sundays. Mr. Farkas said that all work would be done within the building and therefore noise should not be an issue. vote. Trustee Thill moved to accept the Plan Commission's report regarding PC 11 -10. Trustee Marcus seconded the motion, which passed unanimously via voice vote. IV. Minutes of November 14, 2011 Board Meeting SPECIAL REPORTS (continued) 2. Plan Commission Case PC 11 -11 for many years, and only recently, Requesting zoning a Text Amendment to the Village's Unified long time to come forward. Development Code and a Special Use Permit for Clubs & Lodges Uses at 6419 Chestnut a. Mr. Farkas said that the Applicant in this case is the Morton Grove Moose Lodge #376. They are requesting that the Village's Code be amended to allow clubs and lodges as special uses in the C/R (Commercial /Residential District). They are also requesting a Special Use Permit for their current location. b. Mr. Farkas said that the Moose Lodge is currently a legal non - conforming use, meaning that, while clubs and lodges are prohibited from being in a C -1 zoning district, the Moose Lodge, in its present location, was there legally before the area was rezoned to C /R. So they have the right to be there; however, they cannot make any substantial changes to the building, or, if the building sustains damages over 50 %, they would not be allowed to rebuild. c. The Moose Lodge wishes to establish compliance with the Village's existing requirements, especially as they may do some minor improvements in the future, such as an exterior upgrade or a parking area resurfacing. They do not want to have difficulties in the future due to zoning nonconformity. d. Community Development Director John Said testified at the Plan Commission hearing that clubs and lodges do not appear to be in conflict with the intent of the C/R zoning district. The Moose Lodge complies with applicable development standards, such as setbacks, FAR, and related requirements. After the discussion, the Plan Commission voted unanimously to recommend approval of the request for the text amendment and the Special Use Permit. e. Trustee Thill said he was surprised that it had taken the Moose Lodge so long to come forward. He also asked if the Moose Lodge moved out of its current location and another club came in and took it over, could they? Corporation Counsel Liston said that another club could, because the Code would be amended, and the Special Use stays with the property. So an- other club could be there, as long as they qualify, unless the Village amends the Code again. 1VI Mr. Farkas noted that the Moose Lodge was indeed "legal" for many years, and only recently, the zoning district changed. So it really hasn't taken them a long time to come forward. Trustee DiMana moved to accept the Plan Commission's report regarding PC 11 -11, seconded by Trustee Thill. Motion passed unanimously via voice vote. PUBLIC HEARINGS NONE VI. RESIDENTS' COMMENTS (Agenda Items Only) NONE Minutes of November 14, 2014 Board Meetin VII. PRESIDENT'S REPORT Mayor Staackmann asked for concurrence with his appointment of Ed Ramos to the Finance Advisory Commission, Trustee Thill so moved, seconded by Trustee Marcus. Motion passed unanimously via voice vote. 2. Mayor Staackmann wished everyone a happy and safe Thanksgiving holiday. VIII. CLERK'S REPORT Clerk Kalogerakos announced that MGTV has a new schedule. It is posted on Channel 6 and on ATT U -verse Channel 99. IX. STAFF REPORTS A. Village Administrator Finance Director Ryan Horne sat in for absent Village Administrator Joe Wade. Trustee Gomberg noted that the Illinois Senate had recently voted to approve legislation that would divert the corporate personal property replacement tax revenue away from local gov- ernments in order to reinstate the salaries and benefits of regional superintendents of educa- tion. Having passed both chambers, the bill will now go to Governor Quinn for signature or veto. He asked Mr. Horne how this could potentially affect the Village's budget and finances. Mr. Horne said that he had just become aware of this; his understanding is that it is a one -time diversion of $13 million dollars for the regional superintendents of education. He asked the Board for more time to research this matter and report back to them. B. Corporation Counsel' Corporation Counsel Liston had no report. X. A. Trustee DiMaria: TRUSTEES'REPORTS Trustee DiMaria had a "public service announcement" from EMA, the Village's Emergency Management Agency. This week (November 14 -9) is "Winter Weather Preparedness" week. People probably still remember the blizzard of this past February, which left hundreds stranded and /or without power. Although the storm was predicted, it still caught many people unprepared. M A. Trustee DiMaria: (continued) Minutes of November14, 2011 Board Meeting' TRUSTEES' REPORTS (continued) EMA encourages all residents to "be prepared" by making sure to have on hand plenty of non- perishable food, drinking water, a battery- operated weather radio, a portable AM /FM radio, flashlights, any necessary medication, and a first -aid kit. Residents should also have a plan for warmth and heat if the power is out for an extended period. They should also make up a kit for each vehicle, which would include many of the above -noted items, but also extra clothing, blankets, jumper cables, a tow rope, sand or cat litter, and basic tools. Trustee DiMana said that the National Weather Service's long -range forecasts are predicting weather much like we had in February for this winter, so he urged everyone to get prepared. For more information, contact EMA at 847 - 965 -1502. B. Trustee Gomberg: Trustee Gomberg had no report. C. Trustee Grear: Trustee Grear had no formal report, but wished everyone a Happy Thanksgiving, and encouraged people to donate some time this year at the American Legion to help out with "Navy Day". D. Trustee Marcus: 1. Trustee Marcus presented 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. Trustee Marcus moved to remove Ordinance 11 -34 from the table and bring it up for reconsideration. The motion was seconded by Trustee DiMaria. b. Trustee Marcus asked for clarification on where things stood with this ordinance. He knew that the alley in question had formerly been one -way eastbound and in September, the Board voted to change it to allow two -way traffic. If the Board votes now, is it voting to make the alley one -way eastbound again? c. Corporation Counsel Liston said that the alley has signage indicating traffic flow was one -way eastbound only. This was requested by CVS during the Special Use process, and is preferred and necessary for its supply trucks. The trucks would have a tough time backing up to the loading dock otherwise. However, the Village's Code reflected that that alley was one -way westbound. Ms. Liston said that, if the Board decided to vote down Ordinance 11 -34, that they also direct staff to prepare a new ordinance to make the Village's Code consistent with the historical use of the alley. Also, from a practical standpoint, there should be some direction to staff to delay the implementation of Ordinance 11 -34. Minutes of November 14, 2011 Boartl Meetin`' X. TRUSTEES' REPORTS (continued) D. Trustee DiMaria: (continued) d. Trustee Marcus asked Ms. Liston if she was suggesting that Ordinance 11 -34 be tabled again. She responded that there was no need for that; she was only cautioning the Board that if they voted this ordinance down, something else needs to be done, specifically, an ordinance needs to be drafted and direction given to delay implementation until after the next Board meeting. The last paragraph of the ordinance has language that typically states the ordinance will be in "full force and effect" upon its passage. e. Public Works Director Andy DeMonte noted that there was an ordinance passed in 1972 that made that alley a one -way westbound. After CVS was granted its Special Use Permit, the signage was changed to reflect one -way eastbound. He felt the only options for the Board were either keep the alley open to two -way traffic or make it one -way eastbound. Ordinance 11 -34, when voted upon in September, made the alley open to two -way traffic. f. Trustee Marcus again sought clarification. Mayor Staackmann said that if the Board votes "yes," it will keep Ordinance 11 -34 in its current form. If the Board votes "no ", staff will prepare a new ordinance. g. Trustee Grear suggested the Board vote on the matter. Mayor Staackmann called for the vote. Trustee Marcus asked if the motion could be amended as per Ms. Liston's recommendation. Mayor Staackmann said it could not, since there was a motion on the floor already. Upon the vote, the motion failed: 1 aye, 5 nays. Tr. DiMaria nav Tr. Gomberg nay Tr. Grear nay Tr. Marcus nay Tr. Thill aye Tr. Toth nay h. Trustee Grear asked to speak again on the matter, but Mayor Staackmann advised him that, with the vote taken, the matter is now closed. Tr. Gomberg 2. Trustee Marcus then presented Ordinance 11 -40, Providing For The Submission to the Electors 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. Trustee Marcus moved to table Ordinance 11 -40 to the December 12 Board Meeting, seconded by Trustee Toth. Motion passed: 6 ayes, 0 nays. Tr. DiMaria acre Tr. Gomberg acre Tr. Grear aye Tr. Marcus aye Tr. Thill aye Tr. Toth acre 3. Trustee Marcus noted, as liaison to the Solid Waste Agency of Northern Cook County (SWANCC), that because the Village is a member of SWANCC, it receives a percentage of revenue based on the amount of recycling it does. He was pleased to report that the Village had received $47,000 as its share of recycling revenue. This money will go into the General Fund. He encouraged everyone to recycle, not only for its benefits to the environment, but also for its benefits to the Village. Minutes of November 14, 2011 Board Meeting X. TRUSTEES' REPORTS (continued) E. Trustee Thill: Trustee Thill had presented several ordinances for first readings. 1, Ordinance 11 -41, Approving and Authorizing an Amendment to the Lease Agreement Between the Village of Morton Grove and SprintCom, Inc., a Kansas Corporation, Con- cerning Real Property Owned by the Village and Located at 8820 National. This would extend the lease agreement between the Village and SprintCom, for its personal wireless telecommunications equipment on the north water tank. It will also provide for auto- matic rent increases as the rate of 3% per year. Mayor Staackmann noted that the applicant had requested that the second reading be waived. Trustee Thill so moved, seconded by Trustee Toth. Motion passed: 5 ayes, 1 nay. Tr. DiMaria a ee Tr. Gomberg aye Tr. Grear age Tr. Marcus nay Tr. Thill aye Tr. Toth aye Trustee Thill then moved to adopt Ordinance 11 -41, seconded by Trustee DiMaria. Motion passed: 6 ayes, 0 nays. Tr. DiMaria aye Tr. Gomberg acre Tr. Grear aye Tr. Marcus a rye Tr. Thill aye Tr. Toth aye 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 CA General Commercial District. This is pursuant to the text amendment portion of Plan Commission Case 11 -10, reported out earlier this evening. 3. Ordinance 11 -43, An Ordinance Granting a Special Use Permit to Allow an Auto Glass Repair /Replacement Facility at the Property Located at 8910 Waukegan Road. This is pursuant to the Special Use portion of Plan Commission Case 11 -10, reported out earlier this evening. 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. This is pursuant to the text amendment portion of Plan Commission Case 11 -11, reported out earlier this evening. 5. Ordinance 11 -45, An Ordinance Granting a Special Use Permit to Allow Clubs and Lodges at the Property Located at 6419 Chestnut. This is pursuant to the Special Use portion of Plan Commission Case 11 -11, reported out earlier this evening. Minutes of November 14, 2011 BoaRi Meetin X. TRUSTEES' REPORTS (continued) F. Trustee Toth: Trustee Toth had no report. XI. OTHER BUSINESS Trustee Marcus moved to direct staff to draft an ordinance allowing one -way eastbound traffic flow on the alley behind CVS. Trustee Grear seconded the motion. Motion passed: 6 ayes, 0 nays. Tr. DiMaria aae Tr. Gomberg acre Tr. Grear acre Tr. Marcus aye Tr. Thill aae Tr. Toth aye 2 Trustee Marcus moved to direct staff to develop a resolution to plant $10,000 worth of trees throughout the Village, pointing out that its ash tree population has been decimated by the emerald ash borer. The funds would come out of the $47,000 the Village is receiving as a result of its recycling program. Trustee Thill seconded the motion. Trustee DiMaria asked Trustee Marcus if he wanted to include any further direction in his motion, such as where the trees should be planted and what kind of trees should be planted. Ms. Liston asked if it was Trustee Marcus' intention that the trees should be planted before the end of this year. He said no, next spring is fine. Mr. Horne pointed out that, since the Budget hasn't been approved yet, it would be a fairly simple matter to just increase the line item for tree replacement in the budget. Trustee Marcus agreed and withdrew his motion. Trustee Thill withdrew his second. XII. WARRANTS Trustee Toth presented the $4,011,359.47. She movec There being no discussion, 0 nays, 1 abstain. Tr. DiMaria abstain Tr. Marcus aye Warrant Register for November 14, 2011 in the amount of to accept the Warrants, seconded by Trustee Thill. Mayor Staackmann called for the vote. Motion passed: 5 ayes, Tr. Gomberg aae Tr. Grear acre Tr. Thill aae Tr. Toth aye Minutes of November 14, 2011 Board Meetin XIII. RESIDENTS' COMMENTS Michael Rizzo. Mr. Rizzo stated that he had provided the Clerk with copies of a five -page document to distribute to the Board. He asked the Board to keep their copies for future reference, and for use to follow along with his comments. He said the first page of the document was a FOIA request done by his mother, requesting information on what police personnel were on duty on various dates over the past several years. Page 2 is the Village Attorney's response. He said that the response was, in his opinion, "no response" because the information requested was not provided. The response cited security and safety measures as reasons why and noted that the information requested was considered confidential. Mr. Rizzo said it was ridiculous and insulting. He said the reason for the request in the first place was because he and his mother thought that a couple of Morton Grove cops showed up on his private property in Glenview in March of 2010 under the pretense of being Glenview cops. Mayor Staackmann corrected Mr. Rizzo's use of the term `bops," asking him to use "police officers" instead. Mr. Rizzo was reluctant to do so at first, saying that they are "employees" like those who fix streets or pick up leaves. Mayor Staackmann said, "In this room, we show them respect." Mr. Rizzo said he would refer to them as police officers out of respect for the Mayor, if he so requested it. Mayor Staackmann did so. b. Mr. Rizzo went on to say that the lack of response to a fairly benign FOIA request was troubling. Another FOIA request was made, regarding information as to the names of any police officers having contact with him on March 4, 2010. Instead of a response, he received what appeared to be an abstract of times and dates. C. Mr. Rizzo said that he has been able to establish that officers entered his private property (which is posted "private ") in a black, unmarked car. They were not in uniform and they represented themselves as Glenview investigators. They stopped his mother's car on their private property. He said the denial of the first FOIA request was done to cover up a lie. d. Mr. Rizzo then pointed to copies of a Chicago Tribune article about the Park Ridge police department. He said that he has worked to expose police corruption in Park Ridge since 2003. e. Mayor Staackmann asked Mr. Rizzo to clarify what he was getting at. Did he feel a crime had been committed, and if so, what? Was he accusing Morton Grove police officers of being on his private property? Was he asking the Village to do an internal investigation? Mr. Rizzo said he was being stymied because of the lack of response to his FOIA requests and asked to be allowed to finish his presentation. Mr. Rizzo pointed out a 2007 Pioneer Press article which included comments he made about Park Ridge police officers. Apparently an officer had come to his house several days after Mr. Rizzo had filed a complaint against this officer. He accused the officer of committing crimes under the pretense of enforcing laws. Mr. Rizzo felt that local police departments could function as an "unelected government," usurping the elected officials if they weren't watchful. He said the lack of response to his FOIA requests did not look good for the Village. Mr. Rizzo said that the Park Ridge officer stopped him was Lt. Robert France, who retired in 2007. He also brought up Park Ridge Deputy Police Chief Tom Swoboda and another officer, Jeff Caudell. Mayor Staackmann asked again, what does this have to do with Morton Grove? Minutes of November 14, 2011 Board Meeting XIII. RESIDENTS' COMMENTS (continued) Mr. Rizzo said that a pattern of corruption exists and he thought it might exist here. However, he did not have enough evidence at this time to bring forward a formal complaint. Mr. Rizzo stated that one of Morton Grove's police commanders had lied to lawyers and "targeted" him, and wanted to know if this commander, or anyone on the police department who had "targeted him," "committed crimes against him," or "trespassed on his private property' was personally acquainted with Lt. France, Deputy Chief Swoboda, or Officer Caudell. He noted that his phone number was on the documents he provided and said he would accept calls from any elected officials or residents, but not from the police department. He said that corruption exists and he thinks there might be a problem here. j. Mayor Staackmann said that if Mr. Rizzo is accusing the Morton Grove Police Department of corruption, he was free to file a formal complaint and the Village would do an investigation. Otherwise, he told Mr. Rizzo, "you're coming here with a lot of accusations and generalities.,, Trustee DiMaria added, "We just want to know what your point is." k. Mr. Rizzo said that the Board kept interrupting him and that he'd like to be allowed to finish. Mayor Staackmann said that Mr. Rizzo had an attitude toward the Village and its police department, and said, "If there is a problem, we would like to know. If you have an accusation, make it." The mayor pointed out that what happens in Glenview is Glenview's business; what happens in Park Ridge is Park Ridge's business. Mr. Rizzo said that kind of attitude is the problem. Police Departments feel they can do what they want because no one is watching. I. Mayor Staackmann told Mr. Rizzo he had 45 seconds to finish. Mr. Rizzo said that was not enough time, and argued that he had a right to speak. Mayor Staackmann said that the Board offers the privilege of addressing it, and it says on the sign -in form that people have four minutes to speak. Mr. Rizzo had already gone well over four minutes. He insisted that he be allowed to finish speak and said he would not leave the podium until he had done so. At that point, Trustee DiMaria moved to adjourn the meeting. Mayor Staackmann said that the meeting could not adjourn, as another person had signed up to address the Board. m. Mr. Rizzo said told the mayor that "your police department threatened my mother and lied, saying they were Glenview officers." Mayor Staackmann told Mr. Rizzo that he was very belligerent and that he was out of order. Mr. Rizzo said, "You can't hide what goes on here," and threatened to bring in the U.S. Attorney. He said he was upset that he hadn't been allowed to speak. Mayor Staackmann noted that Mr. Rizzo had spoken for over 10 minutes. n. Trustee Grear asked if Ms. Liston could shed any light on this matter, but Mayor Staackmann said this is not the time for debate or question- and - answer. This is for "residents' comments." 2. Rudy Firenzik, 7628 Lake. Mr. Firenzik asked if the Village could look into safety issues on Dempster where the shopping center is (Harlem and Dempster). He felt it was dangerous with people turning into and coming out of the shopping center, and said he's seen many accidents there. a. Mr. Firenzik noted that he had finally received a response from Public Works, but was not satisfied with it. He said he was asking for technical specifics on the sanitary sewer system in Morton Grove, information that he felt, as a taxpayer, he was entitled to see. He noted again that he bought property at the highest elevation in the Village just so he would have no flood- ing problems. 10 Minutes of NOVOmber 14, 2011 Board Meeting Xill. RESIDENTS' COMMENTS (continued) b. In 2008, he began asking the Village to find and resolve his flooding problem. He said that he is now refusing to pay his sewer charges so the Village is threatening to shut off his water. He felt the charges should be separate, and pointed out that he is paying his water bill. He won- dered why he should pay for a "shoddy" product. c. Mr. Firenzik stated that he has had to throw out a furnace, carpeting, a washer and dryer, all because of flooding. He was looking for someone knowledgeable about the sanitary sewer system to sit down and talk with him. He said he would like answers to his questions and said he would come back and speak at every meeting until he got them. XIV. ADJOURNMENTIEXECUTIVE SESSION Trustee DiMaria moved to adjourn the Meeting. Trustee Marcus seconded the motion. Motion passed: 6 ayes, 0 nays. Tr. DiMaria acre Tr. Gomberg acre Tr. Grear acre Tr. Marcus aye Tr. Thill aye Tr. Toth aye The meeting adjourned at 8:10 p.m. PASSED this 28th day of November, 2011, Trustee DiMana Trustee Gomberg Trustee Grear Trustee Marcus Trustee Thill Trustee Toth of November. 2011. baniel J. Sfaa f mann, Village President Board of Trustees, Morton Grove, Illinois APPROVED and FILED in rrhAce thjs'Ztp16av of November, 2011. Tony S. Kalogerakos,'S?'illage Clerk Village of Morton Grove, Cook County, Illinois Minutes by Teresa Cousar 11