The Village of Glenview Board of Trustees, June 18, 2013 - Page 1 of 6 VILLAGE OF GLENVIEW BOARD OF TRUSTEES MEETING June 18, 2013 M I N UT E S Village President James Patterson called the meeting of the Board of Trustees to order at 7:30 PM 1. ROLL CALL Present: President Patterson, Trustees Britton, Detlefs, Hinkamp, Jenny, Karton and White Absent: None Also Present: Village Manager Hileman, Deputy Village Manager Owen, Village Attorney Patt, Director of Planning/Economic Development Bak, Director of Administrative Services Ahner, Director of Public Works Burke, Recorder Joanne McDonagh 2. FLAG CEREMONY President Patterson led those present in the Pledge of Allegiance. 3. APPROVAL OF MINUTES a. March 19, 2013 Board of Trustees workshop Trustee Britton made a motion to approve as presented seconded by Trustee Karton. The motion passed by a unanimous voice vote. Trustee Hinkamp abstained as he was not a Trustee at that time. b. May 21, 2013 Board of Trustees meeting Trustee Britton made a motion to approve as presented seconded by Trustee Jenny. The motion passed by a unanimous voice vote. c. June 4, 2013 Board of Trustees meeting Trustee Jenny made a motion to approve as presented seconded by Trustee Britton. The motion passed by a unanimous voice vote. 4. REPORT OF THE VILLAGE PRESIDENT Representatives from the Federal Management Emergency Agency (FEMA) will be at Glenview Village Hall on Wednesday, June 19, 2013 from 3:00 PM to 7:00 PM to answer questions and assist residents and businesses to apply for disaster assistance related to the recent April storms and floods. Applications must be submitted to FEMA by July 9, 2013. For more information, visit the Village website at www.glenview.il.us Due to construction along Glenview Road and Waukegan Road, the 40 th annual Summer Festival (former Street Sale) will be held on June 29, 2013 from 9:30 AM to 5:30 PM at Harlem and Lehigh between Glenview Road and Washington Street. The Cook County Board wants residents to become aware of the growing use of heroin. The Cook County Board recently adopted a resolution The Heroin and Opiate Crisis as a Medical and Public Health Emergency. Increased training and education is needed related to drug overdose and the 911 Good Samaritan Laws. The Park District s 9 th Annual Kick It 3v3 Summer Soccer Fest takes place on June 22, 2013 at Gallery Park. About 150 soccer teams and spectators from Glenview and surrounding communities will participate in the event. All proceeds will benefit the Glenview Park Foundation. Glenview s young readers are encouraged to join the public library s summer reading program. This year s theme is Have Book Will Travel. 5. REPORT OF THE VILLAGE MANAGER a. Presentation of the Bond Compliance Officer s Annual Report for FY 2012 Village Manager Hileman said the U.S. Government passed the Dodd Frank Act in 2010 requiring the Village s designated bond compliance officer to provide the Board with an annual bond record keeping policy update, statement of arbitrage liability and statement of bond record keeping compliance.
The Village of Glenview Board of Trustees, June 18, 2013 - Page 2 of 6 As the designated bond compliance officer, Director Ahner reported that the Village adopted a bond record keeping policy in 2012 in response to the Dodd Frank Act. A report of the year s bond records in compliance with the Village policy is required no later than 210 days after the end of the fiscal year. She gave the final annual report for calendar year 2012, which is also the Village s fiscal year. The Village maintains all bond records, monitors arbitrage and fulfills all continuing disclosure requirements as part of the bond post issuance compliance program. For 2012, staff determined that the issuance of the general obligation bond series 2006A for The Glen TIF District requires a calculation of arbitrage rebate liability to maintain compliance with Internal Revenue Service, IRS requirements. Rebate liability is generated when bond proceeds earn a net investment yield above the bond yield. Historic circumstances related to the need for a 2006A calculation include: tax exempt bonds are subject to arbitrage rebate requirements every five years; the unfavorable economic conditions from 2007 to 2009 resulted in decisions to delay construction projects (including the land sale of Parcel 24 and its related storm water infrastructure improvements, The Glen main stem roadway resurfacing project and other minor projects) and therefore a noteworthy amount in the Bond Fund remained unspent in 2012. Bond counsel Chapman & Cutler was hired in 2012 to prepare the arbitrage rebate liability calculation. This firm issued a rebate calculation report in 2012 as well as an opinion that there were no excess earnings during the computation period and therefore no rebate liability. Director Ahner also reported that bond record keeping and post issue compliance activities were followed for all debt. This includes retaining all supporting records, such as expenditure history, investment records, private use contracts, etc. Finally, it was reported that bond record keeping and post compliance activities were followed for all the 2012 refunding (comprised of two TIF refunding bonds and the Police Station refunding bond) and all related documents are permanently stored electronically. 4. REPORT OF THE VILLAGE PRESIDENT (continued) Board of Fire and Police Commissioner Gino DiVito was sworn into office. 6. REPORT OF THE VILLAGE ATTORNEY Village Attorney Eric Patt requested a brief executive session at the conclusion of this meeting to discuss (1) probable or imminent litigation (2) the sale or purchase of securities, investments or investment contracts. Trustee Britton made a motion to approve seconded by Trustee Jenny. 7. MATTERS TO BE PRESENTED BY THE PUBLIC: None 8. PUBLIC HEARINGS: None 9. CONSENT AGENDA Deputy Village Manager Owen read the consent agenda. b. Old Business i. Second consideration of temporary traffic Ordinances for Glenview s annual Summer Festival on Saturday, June 29, 2013 1. Road closure and parking. Approved Ordinance No. 5680 2. Bicycles and roller skates. Approved Ordinance No. 5681 3. Animals. Approved Ordinance No. 5682 ii. Second consideration of temporary traffic Ordinances Amending Chapter 90, Article X, Section 90-543, of the Glenview Municipal Code for Independence Day on Thursday, July 4, 2013: 1. Parade. Approved Ordinance No. 5683 2. Fireworks. Approved Ordinance No. 5684 b. New Business i. Consideration of Resolution to comply with the Illinois Prevailing Wage Act. Removed for discussion ii. Consideration of a Resolution for a Single-Lot Subdivision for the Leydon Subdivision at 2145 Grove Street. Approved Resolution No. 13-83 iii. Consideration of a Resolution for a Single-Lot Subdivision for the Thompson Subdivision at 2244 Linneman Street. Approved Resolution No. 13-84
The Village of Glenview Board of Trustees, June 18, 2013 - Page 3 of 6 iv. Consideration of a Resolution for a Single-Lot Subdivision for the Pabience Subdivision at 223 Elm Street. Approved Resolution No. 13-85 v. Consideration of a Resolution for a Final Subdivision for the Kearney Subdivision at 735 Glenview Road and 727 Woodmere Lane. Removed for discussion vi. Consideration of a Resolution approving a permit application for a fireworks displays at the North Shore Country Club. Approved Resolution No. 13-86 vii. Consideration of a Resolution Appointing a Director & Alternate Director to the Solid Waste Agency of Northern Cook County (S.W.A.N.C.C.). Removed for discussion viii. Consideration of a Resolution authorizing an increase in FY 2013 spending authority from $45,000 to $60,000 with Patten Industries, Inc., of Elmhurst, IL for Caterpillar parts and off-site repairs. Approved Resolution No. 13-87 ix. Consideration of the approval of the voucher list for June 18, 2013. Approved Requests were made to remove item 9b-i, 9b-v, and 9b-vii from the Consent Agenda for further consideration. Trustee Britton made a motion to approve as amended seconded by Trustee Jenny. 10. OLD BUSINESS 9b-i. Consideration of Resolution to comply with the Illinois Prevailing Wage Act. Approved - Resolution No. 13-88 Trustee White referred to a clarification of the Illinois Prevailing Wage Act indicating tree work that is done without involving construction is not subject to the Act. He wondered if this exception applied to painting fences, changing light bulbs or other tasks that don t involve construction. Director of Public Works Jerry Burke said the only clarifications made to date by the Illinois Department of Labor relates to tree removal, tree plantings and stump removal. In response to Trustee White, Manager Hileman said a request would be forwarded to the Illinois Department of Labor to get their position on this matter since it is the agency charged with interpreting what is required under the Illinois Prevailing Wage Act. For the benefit of the public, Trustee Detlefs explained that the Village Board is required to pass a resolution each year stating that the Village would comply with the Illinois Prevailing Wage Act. This state mandate requires the Village to pay workers more than what the Village needs to pay for the work specified under the Act. It essentially requires hiring union workers for many different types of jobs. Staff prepared a report estimating what the Illinois Prevailing Wage Act costs Glenview s taxpayers each year. For Public Works tasks, the cost ranges from $100,000 to $200,000 or more, and capital projects could be another $250,000. Compliance with the Act costs taxpayers between $350,000 and $500,000 annually. If the Village Board does not comply with the mandate to pass the resolution, contracts cannot be issued, the Village could be sanctioned by the Attorney General s office and other serious consequences could occur. Although the Board must approve the proposed resolution, individual Trustees may not be compelled to vote in favor of it. Trustee Britton made a motion to approve 9b-i seconded by Trustee Jenny AYES: Trustees Britton, Hinkamp, Jenny, Karton, White PRESENT: Trustee Detlefs 9b-v. Consideration of a Resolution for a Final Subdivision for the Kearney Subdivision at 735 Glenview Road and 727 Woodmere Lane. Approved Resolution No. 13-89 Manager Hileman reported that the Zoning Board of Appeals wrestled with this subdivision request and ultimately did not approve the variance. The Plan Commission gave the petitioner 24 months to move, remove or reduce the size of the garage. This is an unusual situation.
The Village of Glenview Board of Trustees, June 18, 2013 - Page 4 of 6 Director Bak said the request for a two lot subdivision at 735 Glenview Road with a corresponding address at 727 Woodmere Lane relates to almost a full acre lot in the R-4 zoning district. The proposal is to subdivide into two half-acre lots and each would be in excess of the minimum required for the subdivision. An aerial view of the property and other exhibits showed the existing structures on the property. The petitioner wanted to maintain the existing garage. He sought a variance by the Zoning Board in order to draw the new property within the R-4 zoning district and create enough setback so the existing detached garage did not have to be moved. The Zoning Board did not support the variance request. The garage straddles the lot line of the proposed subdivision. The proposal is to add a substantial addition to the barn structure on the south lot to make another principal residence on the southern proposed lot, while having the existing home occupied by another member of the family on the northern proposed lot. An exhibit indicated the allowable setback for the garage under the new subdivision requirements. The petitioner and the Plan Commission discussed maintaining the existing garage in its present location for storage purposes while the two families live in the existing house during the construction of the second residence (barn structure). The petitioner asked the Plan Commission to approve the nonconforming two lot subdivision with the understanding that within a two year period, the existing garage would be relocated to a conforming part of the yard, torn down or reduced in size to comply with the setback requirements. A written development agreement was drafted by a Village attorney in conjunction with the Plan Commission s recommendation for subdivision approval. The terms of the agreement indicate that within 24 months of the date of the agreement, the property owner must relocate, reduce or remodel the detached garage so it fully conformed to requirements of the zoning code, primarily the ordinance setback requirements. Remedies in the agreement outline what will occur if the terms are not met by the end of the 24 months. Director Bak acknowledged that the proposed two lot subdivision with a development agreement is not typical but was suggested as a solution to meet the applicant s needs and result in a conforming lot. The petitioner was present to answer questions. Trustee Detlefs asked if putting money in escrow had been considered, which is sometimes done for costs related to things that need to be done in the future. In this case, there is a potential for the Village to address the existing garage if the petitioner doesn t meet the terms of the agreement. Director Bak does not believe an escrow account was discussed with the Village attorney but it could be added to the agreement. Trustee Detlefs was satisfied in staff s confidence that there were adequate revenues. Trustee Detlefs inquired about curb cuts on the site, one for access to Glenview Road and the other for access to the proposed second lot from Woodmere. He wondered if this complied with the Village standard. Director Bak said the access already exists to Glenview Road and there is no policy to reduce or eliminate the existing curb cuts along Glenview Road. The access to Glenview Road will not be redone during construction since the proposed remodeling will occur on the other lot. If in the future the house is torn down and rebuilt, the curb cut would remain on Glenview Road and would not be moved to Woodmere. Trustee Karton asked what would happen to the two homes if the two lots reverted back to a one lot subdivision. Also, she didn t doubt that the petitioner would comply with the terms of the agreement related to the garage, but felt that having money in escrow was a more expedient way for the Village to address this matter. Trustee White suggested that the petitioner is investing a considerable amount of money in the project so requiring escrow funds was not necessary. In response to Trustee Detlefs, Director Bak said the property owner could revert back to a one lot subdivision and the Village could require tearing down the second home. Trustee Detlefs felt that the threat of having to tear down the new home was severe and is another potential remedy. He did not object to the proposal as presented. Trustee Britton made a motion to approve 9bv seconded by Trustee White. 9b-vii. Consideration of a Resolution Appointing a Director & Alternate Director to the Solid Waste Agency of Northern Cook County (S.W.A.N.C.C.). Approved Resolution No. 13-90
The Village of Glenview Board of Trustees, June 18, 2013 - Page 5 of 6 Trustee Detlefs referred to the last paragraph on page 1 of the staff report which indicates that the member municipality may appoint one or more persons, Trustee or Village Manager, to serve as an alternate director. Attorney Patt confirmed that the term Trustee is meant in its broadest sense so there is no issue appointing the Village President as the alternate director as proposed in the resolution. Trustee Detlefs made a motion to approve 9b-vii seconded by Trustee Britton. The by a unanimous voice vote. 11. NEW BUSINESS a. Consideration of an ordinance for Conditional Use at 2025 Chestnut Avenue, Units G & H Four Seasons Auto Service. Approved on first reading Ordinance No. 5685 President Patterson said a request was made to waive administrative rules to adopt on first reading. Director Bak reported that this item comes to the Village Board from the Plan Commission on a May 28, 2013 5-0 vote to recommend a conditional use for an auto service facility, which is a B-3 use in an I-2 district. The Four Seasons Auto Service Company is currently a property maintenance business located in the same building. The proposal is to expand the business model to include auto repair, maintenance and mechanical work for vehicles. The snow removal season is inconsistent and the business owners would prefer having consistent business throughout the year which could be accomplished with the proposed plan. There were no public comments at the Plan Commission meeting. Because Valley Lo is in relatively close proximity to the industrial building on Chestnut, the Plan Commission recommended 7:00 AM to 9 PM, seven days a week for the hours of operation. There have been no issues with Valley Lo related to similar uses in the facility. The proposed site plan indicated that eight parking spaces were allotted for the use. All maintenance work will be done indoors and the cars will be stored outdoors. In response to Trustee Hinkamp s inquiry about how fluids from the auto repair business would be addressed, such as recycling, etc. Director Bak said that issue would be handled though the building permit process. Trustee Britton made a motion to waive administrative rules seconded by Trustee Jenny. Trustee Britton made a motion to approve on first reading seconded by Trustee White. b. Consideration of an ordinance for Final Site Plan Review and Preliminary Subdivision at 909 Harlem Avenue Harlem 6-Flat. Approved Director Bak reported on the June 11, 2013 Plan Commission recommendation on a 4-0 vote to approve a final site plan and preliminary subdivision to construct a six-unit multi-family structure at 909 Harlem Avenue in an R- 18 zoning district. A rendering of the building was shown as well as an aerial indicating the existing house that will be removed as part of the project. Initially the plan showed a driveway on Harlem and also on Henley to access the parking spaces, however the Plan Commission determined that a single access driveway on Harlem was appropriate as it would reduce traffic on Henley, increase green space and decrease impervious surface. The approval is conditioned upon the installation of a tree to replace an existing tree that would be removed as part of the project to make room for the parking spaces. After the Plan Commission heard testimony from the adjacent property owner to the east, the recommendation for approval was conditioned on the tree being installed on the subject property or somewhere on the property to the east. The specific species and location of the tree will be discussed at the Appearance Commission meeting tomorrow night. The adjacent property owner to the east was available to answer questions.
The Village of Glenview Board of Trustees, June 18, 2013 - Page 6 of 6 A number of adjacent neighbors attended the Plan Commission meeting to provide serious concerns about storm water impacts to the subject area from the project. The April storm events caused flooding and some sanitary back up. Village engineering staff is comfortable with the project s engineering plans as it meets all Village retention requirements and will not exacerbate downstream flooding issues, although there could be some water issues to the east. The Village notified the residents of various Village programs that are available, such as the sanitary sewer programs, to help them avoid some future water issues. She showed elevations of the site. The developers and the property owner were available to answer Board questions. No one from the public came forward to address this issue. Trustee Detlefs felt that the elevations, especially on the north, looked flat and could use more articulation. Director Bak said the matter of how the building looks will be addressed by the Appearance Commission. Trustee Karton noted that the subject property is in an R-18 district where there are mostly single family homes. Tall multi-family buildings are planned for the downtown. Director Bak reported that current zoning has been in place since the 1950s or 1960s and has not been significantly discussed during her time with the Village or during any Comprehensive Plan updates. Trustee Karton recommended that the Plan Commission review zoning for this area since the Village Board has discussed multi-family versus single family developments. She felt the subject area could become all multifamily, three-story buildings which may or may not be what is desired by the Village. President Patterson noted that the area has been in line with the Comprehensive Plan but has moved forward at a slow pace. Trustee Karton suggested that perhaps a change to the Comprehensive Plan was needed after zoning was reviewed. Trustee Detlefs agreed that a relook of the area should be conducted. Manager Hileman stated that next year staff would be recommending an update of the Comprehensive Plan based on Board feedback related to density. There is currently more of a market for multi-family homes rather than single family homes. He felt Trustee Karton s policy question was valid and should be addressed in the planned update of the Comprehensive Plan. President Patterson duly noted the request to evaluate zoning for the subject area. Trustee Detlefs made a motion to approve seconded by Trustee Britton. The motion carried on a unanimous voice vote. Due to the unanimous voice vote, this item will be placed on the consent agenda at the next meeting. 12. ADJOURNMENT Trustee Jenny made a motion to adjourn to executive session at 8:17 PM, seconded by Trustee Britton. by a unanimous voice vote. Respectfully submitted, Joanne McDonagh, Recording Secretary