Board of Trustees Meetings

REGULAR MEETING BOARD OF TRUSTEES, VILLAGE OF NILES April 25, 2006 8:00 P.M. PLEDGE OF ALLEGIANCE The Pledge of Allegiance was led by Village President Nicholas B. Blase. ROLL CALL The Regular Meeting of the Board of Trustees was called to order at 8:00 p.m. by President Blase. The following Trustees were present: Biederman, Bondi, Callero, Murphy, Preston, and Przybylo. APPROVAL OF MINUTES: Regular Board Meeting Trustee Bondi made a motion, seconded by Trustee March 28, 2006 Callero, to approve the minutes of the March 28, 2006 Board Meeting, as submitted. On roll call, the vote was: AYES : 6 Biederman, Bondi, Callero, Murphy, Preston, Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. PROCLAMATION President Blase stated that the following Poppy Day Proclamations were on the agenda: May 18, 2006 Whereas, the annual sale of Buddy Poppies by the Veterans of Foreign Wars of the United States has been officially recognized and endorsed by governmental leaders since 1922; and Whereas, VFW Buddy Poppies are assembled by disabled veterans, and the proceeds of this worthy fund-raising campaign are used exclusively for the benefit of disabled and needy veterans, and the widows and orphans of deceased veterans; and Whereas, the basic purpose of the annual distribution of Buddy Poppies by the Veterans of Foreign Wars is eloquently reflected in the desire to "Honor the Dead by Helping the Living"; therefore I, Nicholas B. Blase, Mayor of the Village of Niles do hereby urge the citizens of this community to recognize the merits of this cause by contributing generously to its support through your donations for Buddy Poppies on the day set aside for the distribution of these symbols of appreciation for the sacrifices of our honored dead.  April 25, 2006 I urge all patriotic citizens to wear a Buddy Poppy as mute evidence of our gratitude to the men and women of this country who have risked their lives in defense of the freedoms which we continue to enjoy as American citizens. National Fair Housing Whereas, the Village of Niles finds that decent, safe Month - April, 2006 and affordable housing is part of the American Dream and a goal of all Illinois residents; and Whereas, individuals have the right to choose where to live without discrimination based on race, color, religion, age, gender, familial status, national origin and/or disability; and Whereas, acts of housing discriminations and barriers to equal housing opportunity are repugnant to a common sense of decency and fairness; and Whereas, federal and state laws affirm the right of every person to equal housing opportunity; and Whereas, fair housing is a positive community good; and Whereas, economic stability, community health, and human relations in the State of Illinois are improved by diversity; and Whereas, stable, integrated and balanced residential patterns are threatened by discriminatory acts and unlawful housing practices, resulting in segregation of residents and opportunities in our region; and Whereas, the talents of grassroots and nonprofit organizations, housing service providers, financial institutions, elected officials, state agencies, and others must be combined to promote and preserve fair housing and equal opportunity. Now, therefore, I, Nicholas B. Blase, Mayor of the Village of Niles, Illinois, do hereby proclaim April 2006 as National Fair Housing Month in the Village of Niles to promote appropriate activities by private and public entities intended to provide or advocate for equal housing opportunities for all residents of the Village of Niles. Building Safety Week Whereas, through our continuing attention to May 7-13, 2006 building safety, we enjoy the comfort and peace of mind of structures that are safe and sound; and Whereas, building safety and fire prevention are at work year round to guide the safe construction of buildings; and Whereas, the dedicated members of the International Code Council, including building safety and fire prevention officials, architects, engineers, builders and others in the construction 2  April 25, 2006 industry, develop and enforce codes to safeguard Americans in the buildings where we live, work, play and learn; and Whereas, the International Codes, the most widely adopted building safety and fire prevention codes in the nation, are used by most U.S. cities, countries and states. These modern, building safety codes also include safeguards to protect the public from natural disasters that can occur, such as hurricanes, snowstorms, tornadoes, wild land fires and earthquakes; and Whereas, Building Safety Week, sponsored by the International Code Council Foundation, is an excellent opportunity to educate the public. It is a perfect time to increase public awareness of the role building safety and fire prevention officials, local and state building departments, and federal agencies play in protecting lives and property; and Whereas, this year’s theme, “Building a Safer World Together,” encourages all Americans to raise our awareness of building safety. Everyone can take appropriate steps to ensure that the places where we live, work, play and learn are safe. Countless lies have been saved because of the building safety codes adopted and enforced by local and state agencies; and Whereas, this year, as we observe Building Safety Week, we ask all Americans to consider projects to improve building safety at home and in the community, and to recognize the local building safety and fire prevention officials and the important role that they play in public safety. Now, therefore, I, Nicholas B. Mayor of the Village of Niles, Illinois, do hereby proclaim May 7 through May 13, 2006, as Building Safety Week in the Village of Niles. TRUSTEE REPORT: Trustee Preston stated that the Solid Waste Agency of Northern Cook County (SWANCC) met on April 19th. There was a review of the rehiring of the executive director, giving him a long-term contract, because there is a possibility that the longevity of SWANCC as an entity is going to be reviewed in the next two years. The budget was also reviewed. Bill Balling, Manager of the Village of Buffalo Grove, was honored for his involvement with SWANCC. The Northwest Municipal Conference also met on April 19th. Nominations for new officers were: President - George Van Dusen, Mayor of Skokie, Vice-President - Anthony Arredia, Mayor of DesPlaines, Secretary - Joe Brickman, Supervisor of Northfield Township, Treasurer - Tim Schuenke, Manager of Park Ridge. 3  April 25, 2006 Trustee Murphy stated that approval is requested for Niles share of the Regional Emergency Dispatch Center (RED Center) 2006/2007 budget. The amount is $259,794.00 which is a 5.4% increase from 2005/2006. Niles Dispatch had increased 3.3% last year. Trustee Murphy made a motion, seconded by Trustee Callero, that the $259,794.00 be approved for payment at the rate of $21,649.50 monthly. This cost was budgeted. On roll call, the vote was: AYES : 6 Biederman, Bondi, Callero, Murphy, Preston, Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. Trustee Murphy commented that about five years ago Glenview and Wheeling dropped their RED membership. Glenview was the host community and the two municipalities (Glenview and Wheeling) together accounted for about 1/3rd of the dispatches. As a result, RED then needed both a new home and some additional communities to keep our costs down. Today we have both. The new state of the art dispatch center is in Northbrook and four additional communities have joined to compliment the seven pre- existing members. The new members that have joined since the departure of Glenview and Wheeling are: Deerfield-Bannockburn Fire Protection District, Lincolnshire-Riverwoods Fire Protection District, Village of Lincolnwood, and the Long Grove Fire Protection District. The existing members at that time were the City of Highwood, Village of Morton Grove, Village of Niles, Village of Northbrook, North Maine Fire Protection District, Prospect Heights Fire Protection District, and the Village of Winnetka. The dispatch center is currently located adjacent to Northbrook’s Fire Station #11 and it was built primarily with State grants. RED Center is actively seeking additional member communities. Trustee Murphy thanked Chief Kinowski and the Village of Niles for the creation of RED Center which initially was located in Niles Fire Station #2 about 30 years ago. RED Center is another of our retiring Fire Chief’s many accomplishments. OLD BUSINESS: B-2 to B-2 Special Use for President Blase stated that this was a request for a pet store at 5661 Touhy Avenue rezoning from B-2 to B-2 Special Use for a pet store 06-ZP-6 with a kennel at 5661 Touhy Avenue. He said the Plan Commission recommendation was to approve by a vote of 6-0 with the condition that the facility shall be maintained in a clean sanitary condition, that puppies and kittens are raised in sanitary 4  April 25, 2006 facilities and are cared for by licensed pet professionals who pay careful attention to their welfare and veterinary needs. Any violation of this condition shall constitute grounds for a hearing by the Village of Niles Plan Commission for possible revocation of the permit for such special use. The petition stepped forward and introduced himself as Carmen Caruso, attorney for Petland, Inc. and also introduced Jim Whitman, Director of Franchise Development, Lavanse Wells, Franchisee, and Julie Schwartz from his law firm of Schwartz, Cooper, Greenberger and Krauss. Mr. Whitman stated that Petland is a full service retail pet center that sells pet supplies and pets. It will sell puppies, kittens, and small animals. President Blase asked if they were under the rule of any government agency of the State to make sure that you are doing your job property? Mr. Whitman said they have 12 other stores in the trade area and all of the stores, as well as this one, will be in full compliance with all state and local laws. They are under the U. S. Department of Agriculture. Trustee Murphy asked what the cost of the puppies will be. Mr. Whitman said the retail cost will range between $250 to over $1,000 depending on the breed. Puppies are only a small part of their business - one to two percent of the transactions. This is their 38th year in business and they have been in the Chicagoland area since the late 1980’s. The store in Niles will be opened sometime in June. Trustee Biederman asked about the hours of operation. Mr. Whitman said 10:00 AM to 9:00 PM Monday through Saturday and noon to 6:00 PM on Sunday. She asked if someone will be walking the dogs. Mr. Whitman said absolutely. They have socialization and exercise areas for the staff and customers to interact with the puppies. They monitor the puppies on a daily basis as to the amount of exercise they get. This is all done indoors. Each store has an attending veterinarian. Trustee Biederman asked how many puppies and kittens they will have on a daily basis. Mr. Whitman said anywhere between 45 and 60, depending on the time of year. Trustee Przybylo asked how often the facility was inspected and Mr. Whitman said the USDA can come in at any time, and corporately the stores are visited on a monthly basis. Trustee Callero asked what percent of their sales were of non-living pets and Mr. Whitman said anywhere from 45% to 55%. Living pets refers to tropical fish, birds, small animals, dogs and cats. 5  April 25, 2006 Trustee Callero made a motion, seconded by Trustee Preston, to adopt the ordinance which rezones 5661 Touhy Avenue from B-2 to B-2 Special Use to operate a pet store with kennels. On roll call, the vote was: AYES : 6 Biederman, Bondi, Callero, Murphy, Preston, Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. NEW BUSINESS: Reserving Volume Cap Trustee Callero stated that the current tax code allows a (IRB Authority) municipality to issue tax advantage bonds to benefit private businesses. This allowance is limited to $80 per capita, which is $2.4 million for Niles. This ordinance reserves our authority past the statutory deadline of May 1st, and without it all IRB rights would revert to the State. Motion was made by Trustee Callero, and seconded by Trustee Biederman, to adopt the ordinance which reserves the Volume Cap (IRB authority) for subsequent use by the Village of Niles. On roll call, the vote was: AYES : 6 Biederman, Bondi, Callero, Murphy, Preston, Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. Moratorium on ground mounted Trustee Murphy stated that this is an ordinance utility installations establishing a temporary moratorium on the construction of certain ground mounted utility installations. Approval of this temporary 180 day moratorium will allow the Village of Niles to more thoroughly evaluate requests for significantly larger ground mounted utility installations to determine reasonable and adequate regulation of those installations in such manner as will protect the zoning, public health safety and welfare, and franchising authority and franchising ordinances of the Village. Trustee Murphy made a motion, seconded by Trustee Przybylo, to adopt the ordinance that establishes a temporary moratorium on the construction of certain ground mounted utility installations. On roll call, the vote was: AYES : 6 Biederman, Bondi, Callero, Murphy, Preston, Przybylo NAYS : 0 ABSENT : 0 6  April 25, 2006 There being 6 affirmative votes, the MOTION CARRIED. Limit Fire Pension Board to Trustee Murphy stated that this ordinance amends Five Members Chapter 46, Article III, to change the number of members on the fire pension board to five in order to conform with State law. Two of the members are to be appointed by the Mayor, two elected by firemen, and one to be elected by the retirees in the pension fund. Trustee Murphy made a motion, seconded by Trustee Bondi, to adopt the ordinance which limits the Fire Pension Board to five members. On roll call, the vote was: AYES : 6 Biederman, Bondi, Callero, Murphy, Preston, Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. Limit Police Pension Board Trustee Preston stated that this ordinance amends to Five Members Chapter 62, Article II, to change the number of members on the Police Pension Board to five in order to conform with State law. Two of the members are to be appointed by the Mayor, two elected by policemen, and one to be elected by the retirees in the pension fund. Trustee Preston made a motion, seconded by Trustee Murphy, to adopt the ordinance which limits the Police Pension Board to five members. On roll call, the vote was: AYES : 6 Biederman, Bondi, Callero, Murphy, Preston, Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. President Blase stated that he is asking the Board’s approval of Trustee Callero and Trustee Murphy as the two members who are appointed by the Mayor on the Fire and Police Pension Boards. Trustee Preston made a motion, seconded by Trustee Przybylo, to concur with President Blase’s recommendation of Trustee Callero and Trustee Murphy as two appointed members of the Fire and Police Pension Boards. On roll call, the vote was: AYES : 4 Biederman, Bondi, Callero, Murphy, Preston, Przybylo NAYS : 0 ABSTAIN : 2 Callero, Murphy ABSENT : 0 7  April 25, 2006 There being 4 affirmative votes, the MOTION CARRIED. Renewal of IDC Software License Trustee Przybylo stated that this is a request for Board and Maintenance Contract approval to renew the IDC software license maintenance contract. IDC (Information Development Consultants) provides us with all of our financial software. The software modules include: Financial Accounting; Management Accounting; CAPPS; Budget Preparation; Accounts Receivable/Billing; Cash Receipts; Fixed Assets; Payroll/Personnel; Central Name and Address; ODBC DB Definitions and Help Desk. This $19,890 represents a 7% increase from last year’s contract. This increase is in line with what we budgeted and other software contract renewals this year. Motion was made by Trustee Przybylo, and seconded by Trustee Bondi, to approve renewal of the IDC software license and maintenance contract. On roll call, the vote was: AYES : 6 Biederman, Bondi, Callero, Murphy, Preston, Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. CarteGraph Software License Trustee Biederman stated that the MIS Department is asking to renew the CarteGraph software license and maintenance contract. The option to renew is only available from CarteGraph. The budgeted amount was $22,500 but they were able to negotiate a discount locking the maintenance costs at $19,950 per year for the next two years. CarteGraph provides us with our GIS software for Public Services. The software modules include work order processing, labor, vehicle, and material inventory; GIS map interface; and the application to support our signs, fire hydrants, lights, signals, pavement markings, and trees. This contract provides free upgrades for the software and phone and online web support. Trustee Biederman made a motion, seconded by Trustee Callero, to authorize the renewal of the CarteGraph software license and maintenance contract. On roll call, the vote was: AYES : 6 Biederman, Bondi, Callero, Murphy, Preston, Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. 8  April 25, 2006 Bid out Lawn Restoration Trustee Przybylo stated that this is a request to Contract extend the 2005 Lawn Restoration Contract with Acorn Landscaping, dba Lifelawn Inc. in the amount of $42,400.00. Renewal of the contract was permitted under the contract executed last year, contingent upon the contractor’s satisfactory performance and maintaining the original bid price. The contractor has met this criteria. Trustee Preston made a motion, seconded by Trustee Callero, to authorize extension of the 2005 Lawn Restoration Contract with Acorn Landscaping, dba Lifelawn Inc. in the amount of $42,400.00. On roll call, the vote was: AYES : 6 Biederman, Bondi, Callero, Murphy, Preston, Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. 2005 MFT Resurfacing Program Trustee Bondi stated that this is a request for a bid award for the 2005 MFT Resurfacing Program to Arrow Road Construction in the amount of $1,542,620.18. Trustee Bondi made a motion, seconded by Trustee Preston, to approve the bid award for the 2005 MFT Resurfacing Program to Arrow Road Construction. On roll call, the vote was: AYES : 6 Biederman, Bondi, Callero, Murphy, Preston, Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. Bid Awards Trustee Biederman stated that Public Services is 2005 Alley Improvements requesting to award three bids: #1 - 2005 Alley 2006 3/4 Ton Pick-Up Improvement Program; #2 - 2006 3/4 Ton Pickup 2006 Utility Cutaway Van with Box and Plow; #3 - 2006 Utility Cutaway Van. Contract Awards would go to: #1 Lampignano & Son in the amount of $410,000.00 #2 Lemay Auto Group Inc. in the amount of $36,970.60 #3 Lemay Auto Group Inc. in the amount of $28,696.00 Trustee Biederman made a motion, seconded by Trustee Preston, to approve the contract awards as listed above. On roll call, the vote was: AYES : 6 Biederman, Bondi, Callero, Murphy, Preston, Przybylo NAYS : 0 ABSENT : 0 9  April 25, 2006 There being 6 affirmative votes, the MOTION CARRIED. Temporary moratorium on Trustee Callero stated that this ordinance establishes a condo conversions 180 day moratorium on condominium conversions in order to give Village staff time to investigate this matter in the interest of public health, safety and welfare. Trustee Callero made a motion, seconded by Trustee Bondi, to adopt the ordinance which establishes a 180 day moratorium on condominium conversions. On roll call, the vote was: AYES : 6 Biederman, Bondi, Callero, Murphy, Preston, Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. PETITIONS FOR REFERRAL: President Blase listed the following Petitions for Referral and stated the application fees have been paid: 06-ZP-09 Sinisa Crnomarvovic Variation for rear yard setback of 6 feet and for angle plane of 70 degrees at 8315 New England 06-ZP-10 John T. Kim Special Use to operate 140 seat restaurant at 735 and 740 Civic Center Drive AYES : 6 Biederman, Bondi, Callero, Murphy, Preston, Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. OLD BUSINESS: Rezone from M-Manufacturing President Blase stated that this was a request to to R-4 PUD to construct 210 rezone 7777 and 7847 Caldwell from M-Manufacturing condo units at to R-4 PUD to construct a 210 unit condominium 7777 & 7847 Caldwell development. This was approved by the Plan Commission by a 6-0 vote, with a condition that the relocated roadway easement not be included as part of this PUD development. The petitioner stepped forward and introduced himself as Paul Kolpak, attorney for the petitioner. He introduced John Capalinas, the owner of the property and his team of experts. Attorney Kolpak pointed out the proposed site on a map on Howard Street where the Salerno factory is located, going northward to the condominiums. He said the proposal was to retain the southern three-quarters of the 10  April 25, 2006 Salerno building and keep it as the flooring operation. The northern 25% would be removed and replaced with 210 condominium units. President Blase asked how tall the buildings would be and what the density is. Mr. Ostman said they would be 8 story buildings. The parking garage is underneath and on the first floor. He explained that the 8th story is not a full story because there are penthouses on the top. The density is just over 30 units per acre and there is roughly 1200 sq.ft. per unit. Attorney Kolpak stated that the property is approximately 313,000 sq.ft. of which 48.5% will remain green space. The total parking for the 210 units will be 330 spaces, so that exceeds the 1.5% that has been routinely passed for the other condominium units in the area. It will have a one-story clubhouse which will be utilized as a clubhouse and not as an exercise room, because there is a park district with exercise facilities right across the street. The buildings will be masonry with no drivet. Trustee Przybylo asked who the units are being marketed to and Attorney Kolpak commented that generally, as with other condo units in the area, most purchasers come from within a five-mile radius. It would be primarily empty-nesters. Trustee Bondi asked if there would be any swimming pools or recreation facilities, and Attorney Kolpak said no, just a meeting room, because of the park district facilities across the street. Trustee Preston asked about the floor plans of the units. Mr. Yeksavich, Rolf C. Campbell & Associates, said there are 16 penthouses, 7 one-bedroom units, and 187 two-bedroom units. The two-bedroom units would sell for $250,000 and up; three bedrooms would be anywhere between $325,000 and $385,000; and penthouses would start at $390,000. One indoor parking space is included with each unit and the association will have ten parking spaces for guests/visitors. There is an opportunity to purchase an additional space, if needed. There are 259 indoor parking spaces for a grand total of 348 spaces. Trustee Biederman asked about the association fee, and Attorney Kolpak said that for an average size unit the fee would probably be between $150 and $175, but they have not done an exact analysis yet. Mr. Ostman stated that the site plan has been reviewed by the engineer and fire department and all issues have been addressed. The building is sprinkled, as required by code. Attorney Kolpak said that there are also back- up generators. Trustee Murphy referred to the ingress/egress and said there is right-turn in on the south and right-turn out on the north. Toby Mickey, Gewalt Hamilton, stepped forwarded and stated that he did the traffic study for the 11  April 25, 2006 Village of Niles. It was recommended that on the south access to the property, which had two drives, these two drives should be combined into one drive and changed into a right-in, right-out only configurations. So, the south driveway would be right-in, right-out, the north driveway would be right-in, right-out, and the center driveway would be full access. They are also recommending that a left-turn lane be constructed on Caldwell Avenue for access into the property. Trustee Callero said that in the minutes of the Plan Commission, it was stated that there was going to be a traffic study meeting with IDOT on approximately April 15th. He asked what the outcome was. Attorney Kolpak said that there was no meeting and he has had a hard time getting through to IDOT. IDOT has the plans and have not responded. He said if IDOT does not agree with the access, they will have to comply with what IDOT wants, because Caldwell is governed by IDOT. Mr. Mickey said that IDOT may also request an intersection design study for the property. Trustee Preston stated that there has been some concern about the 40 m.p.h. speed limit on Caldwell. Mr. Mickey said that this is part of the reason they are recommending a left-turn lane on Caldwell. He said the speed limit on Caldwell will determine the length of the turning lanes and also the taper rates, so it will likely be a 250 foot long lane. President Blase asked about any conditions regarding water runoff. Mr. Ostman said that this would be governed by the Metropolitan Water Reclamation District (MWRD) because this site is over five acres. Trustee Preston asked if the east boundary of this property would be fenced in. Mr. Kolpak said yes, it will be fenced. Trustee Preston asked about fire department access. Fire Chief Kinowski stated that behind the fence will be the Morton Grove Public Works Department property. He said there will be a right-of-way on the extreme south end of the property, adjacent to Salerno, and they requested to have access to Vapor Lane on the east, and Caldwell on the west. Trustee Przybylo made a motion, seconded by Trustee Callero, to adopt the ordinances which approve the Club Subdivision at 7777 Caldwell Avenue and the rezoning from M to R-4 Special Use to construct 210 residential condominium units, and variation to required space between buildings under a PUD at 777 and 7847 Caldwell Avenue. On roll call, the vote was: AYES : 6 Biederman, Bondi, Callero, Murphy, Preston, Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. 12  April 25, 2006 FINANCIAL REPORT: Trustee Callero stated that the Accounts Payable for the month of March, 2005 were $2,192,217.23. The ending cash balance as of March 31, 2006 was $32,724,375.89. Trustee Callero made a motion, seconded by Trustee Murphy, that the Accounts Payable for the month of March, 2006 be approved for payment and the Treasurer's Report filed for audit. On roll call, the vote was: AYES : 6 Biederman, Bondi, Callero, Murphy, Preston, Przybylo NAYS : 0 ABSENT : 0 There being 6 affirmative votes, the MOTION CARRIED. President Blase stated that this concluded the business of the Board. He asked if there was anything from the floor. Rosemary Palicki Ms. Palicki expressed her comments about the results of the vote counts for the Off-Track Betting (OTB) referendum. She said there were a number of discrepancies and she asked the Board of Trustees to pursue this situation with the Cook County Clerk’s Office in the name of all the citizens of Niles. ADJOURNMENT There being no further business to come before the Board, motion to adjourn was made by Trustee Callero, and seconded by Trustee Murphy. On roll call, all concurred. The meeting adjourned at 8:50 P.M. ____________________________ _______________________________________ Village Clerk Village President . 13