Building & Zoning Committee

COMMUNITY DEVELOPMENT MAYOR TRUSTEES George D. Alpogianis John C. Jekot Joe LoVerde ACTING Danette O’Donovan Matyas VILLAGE MANAGER Denise M. McCreery Hadley Skeffington-Vos Craig Niedermaier Dean Strzelecki VILLAGE CLERK Marlene J. Victorine BUILDING AND ZONING COMMITTEE MEETING MINUTES VILLAGE HALL – SECOND FLOOR CONFERENCE ROOM #218 August 26, 2021 Chairman Denise McCreery – Trustee Members Charles Ostman – Community Development Director Rich Wlodarski – Community Development Assistant Director Tom Kanelos – Chairman Planning and Zoning Hadley Skeffington–Vos – Acting Village Manager Danielle Grcic – Village Attorney Rich Mangold – Resident I. Call To Order/Roll Call The Niles Building and Zoning Committee meeting was called to order at 8:18 AM. Present: 8 – Chairperson McCreery, Ostman, Wlodarski, Skeffington-Vos, Grcic, Mangold, Thake, Elizarraga, and Razack Absent: 2 – Mayor George Alpogianis, Kanelos Guests: 4 – Braun, Pilat, Powers, Grana II. Approval of Building & Zoning Committee minutes from the meeting on July 15, 2021 McCreery motioned to approve of meeting minutes for July 15, 2021. Ostman he moved to approve the minutes with amendments. Wlodarski seconded. AYES: 6 – Chairperson McCreery, Mangold, Ostman, Wlodarski, Skeffington-Vos, Grcic NAYS: 0 ABSTAIN: 0 Motion passed. WWW.VNILES.COM III. Old Business A. Language on Fences Chapter 18 i. Ostman discusses the text amendment on Chapter 18-Fences. Ostman presents language that will offer variation to the fence guidelines. Currently fence variation is granted to properties in the industrial area. Ostman states the language originated from Peoples Gas currently in construction of a high-pressure natural gas facility on Howard Street. Ostman states Peoples Gas through the pipeline company is seeking to increase security by building a fence. The fence guideline states the maximum height is six feet. Peoples Gas asked for a fence variation of eight feet and the request was granted due to being located in the manufacturing district. ii. Ostman presents another location, ComEd facility, located in the north side of Niles. The location is also maximizing security by requesting to build a fence of 11 feet. iii. McCreery asks if a photo was shared of the facility iv. Ostman confirms and states that another photo was presented for a facility in Northbrook that did install a similar fence that offers a form of screening instead of a clear cyclone. This particular fence prevents climbing by any individual. Additionally, the facility in Northbrook requests to put barbwire on the fence. ComEd is requesting to build a similar fence. Ostman offers the text amendment would remove the current process of fencing variation and denied because of zoning districts such as being located in the p-districts. A Chapter-18 Fence text amendment will allow the Director of Community Development to approve a fence around a public utility for security purpose. v. McCreery asks if the ComEd facility is in full public view vi. Ostman confirms that ComEd facility is in full public view from Golf Rd. Additionally, the facility in Northbrook is also full public view vii. McCreery would like to consider appearance of constructing fences. McCreery asks Ostman what will be allowed if that will includes changing link with slats or other kinds of fencing. viii. Ostman states what is being proposed is a fencing that does not allow an individual to climb the fence. ix. McCreery asks if that would not include chain link fences x. Ostman confirms chain link fences are not included. xi. Wladorski states the fence can also not be approved based on appearance. xii. Ostman states the location that this will affect is the ComEd location and suggests the facility can do a rezoning of the property and then apply to build an eleven-foot fence with barbed wire. The other facility that would be included is another gas facility next to the Tam Golf Course on Caldwell Ave. Ostman states that facility could potentially request maximizing the security through increasing the height of the fence. In this scenario there would be a request for more screening xiii. McCreery suggests having natural screening as well as fence variation particularly for facilities that are in full public view. xiv. Braun states that there are homeland security concerns with screening as there is possibility of an individual to hide. Facilities such as ComEd would need to adhere to guidelines by homeland security. xv. McCreery states approval of the text amendment and asks if anyone on the committee has any questions or concerns. McCreery moves forward asking for approval on a Chapter-18 Fence text amendment allowing the Director of Community Development to approve a fence around a public utility for security purpose. xvi. Mangold motioned to approve the text amendment on Chapter-18 Fences. Wladorski seconded. AYES: 6 – Chairperson McCreery, Mangold, Ostman, Wlodarski, Skeffington–Vos, Grcic NAYS: 0 ABSTAIN: 0 Motion passed. xvii. Braun asks to make public comment on fences stating that any informal discussions on fences in alleys, Public Works, is opposed to that and would request to hold off on any discussions unless they are in attendance. Due to concerns and issues with storm water issues. Putting fences could create more backyard flooding. Flooding can cause problems with utilities, access if we still need access to those alleys. Strongly supports vacating.  xviii. McCreery asks if this was discussed earlier. xix. Ostman states that issue was brought up last year but did not make a motion. In communication with Grcic there was a plan to make a hybrid type of vacating alleys or license to give one particular owner they would have to request approval to put and have a license to install a fence. Ostman clarifies that Public Works is opposed to that hybrid plan. Ostman reiterates current policy is there are no permits issued for fences installed in unapproved locations. xx. Mangold states the previous issues with an individual putting a fence and blocking the alley completely from other directions xxi. Ostman states there was no resolution concerning fences in alleyways xxii. McCreery states if the topic comes to the agenda, Public Works will be notified to have visuals to present the concern. xxiii. Ostman asks if legal consultation will be included to review alley can be vacated. Asks if that should be the future direction. xxiv. Grcic states that the most recent conversation included the hybrid solution the situation of the Public Works garage is all governed by state statues and nothing else has changed xxv. Braun states Thake sent out a follow up email. xxvi. Thake confirms it was a survey. xxvii. Ostman asks can the village move forward and vacate the alleys without the property owners being on board xxviii. Grcic states the state statues says once the petitions are filed to vacate notice goes to each side and then the process move forward based on the notice. However, could potentially be in a situation to which a property owner could still own the land even after the notice. Due to the potential issues, there is uncertainty of moving forward with this process. xxix. Braun states that some cases vary such as some alleys dead-end alleys that usually end at the driveway and a fence could be put up. There is also concern about putting a fence that is Village of Niles property due to liability and the potential aspect of an individual getting hurt and reiterates it would not be good for people to build private fences on public property. B. Appendix B Definition Text Amendments i. Ostman presents the text amendment for the Village of Niles zoning code to amend the definition of firearm sales. Would reflect the same language as the Firearm Identification Card Act through the state statute. The amendment would remove the word firearm transfer from the definition. If a business wanted to get involved in the firearm transfer, particularly from out of state, coming into a state of Illinois, it would go through a dealership that is licensed through the federal government concerning transferring firearms. Village of Niles would allow businesses to perform the services of transferring firearms. ii. McCreery informs Mangold of last month meeting including a presentation of firearm transfers. iii. Ostman states the recommendation is to move forward with text amendment. iv. McCreery asks for a motion v. Skeffington-Vos makes a motion to approve Appendix B Definition Text Amendments. Mangold seconded AYES: 6 – Chairperson McCreery, Mangold, Ostman, Wlodarski, Skeffington –Vos, Grcic NAYS: 0 ABSTAIN: 0 Motion passed. C. Design Guidelines i. Ostman states nothing to report in terms of design guidelines. ii. McCreery states might be worth having some outside contract for these design guidelines. Either a need to get the design guidelines done but if not done at the staff level then proceed with an outside source. McCreery also suggests revisiting having an appearance commission iii. Ostman either having something in front of us, or I may just come back to you iv. Wlodarski asks if this pertains to residential v. Ostman confirms it is residential but seeking to move forward on commercial. IV. New Business A. Discussion on Outdoor Dining i. Ostman presents language of a previous draft from 2012 that addresses noise and outdoor dining. Ostman also states in terms of outdoor seating, he wanted to get a sense where the committee was in regards to refining it and removing language deemed not appropriate to Village of Niles. ii. McCreery asks if there is language regarding safety and seating particularly in terms of adhering COVID-19 guidelines. Also, language around parking in parking lots. iii. Ostman confirms that language will be added for outdoor dining. Ostman also states proposing to include language on lessons through COVID and working with the liquor commissioner in regards to language on outside usage of alcohol. After working on some language, Ostman will bring it back next month. iv. McCreery states some locations will shut down sooner because of noise and being near residents. v. Ostman states the language for outdoor dining will incorporate specific time for an outdoor area to be open. Does not include details on noise. vi. McCreery states on record that she is in favor having a more robust outdoor dining vii. Mangold asks if there should be a motion for a new ordinance viii. McCreery states the Village of Niles does not have an ordinance but can motion for it once there is an ordinance. ix. Ostman states currently there is interest at first drafting up language concerning outdoor dining in Niles. B. Discussion on Rodent Control i. Wlodarski provides an update and states Community Development is working with Anderson and doing it twice a week as it is standard with all the companies, they have worked with in the past two and three years. However, the increase of the presence of rats within the area has prompted Anderson rodent control to come once a week to set traps and preventing them to come within two weeks. The process within the service focuses on the rats if they are still feeding every two weeks, rodent control will keep baiting them. ii. Wlodarski states in the recent few months the increase of rats within the area has prompted the purchase of 90 bait stations. Currently, there is an online form for residents to fill out to address the rodent issue. The current process is talking to the individual over phone and visiting the residential address within 24-48 hours to place a bait station. There is also a spreadsheet that is updated frequently on the places the bait station was placed. While also working with Anderson to follow up on if boroughs were spotted. If the boroughs are spotted there is an ability to use poison for the entire area and contain the presence of rats. iii. Wlodarski clarifies that the village owns the stations and Anderson monitors them. If boroughs are found, Anderson comes out in two weeks and barcodes them. Currently there are reports sent every week to place the stations and rebait them. iv. Mangold ask if there has been information sent out to residents alerting them about rodents. v. Ostman states there is information on social media and there are brochures. vi. Wlodarski reiterates that there is information out for residents and preventative ways to lower the risk of rodents such as closing garbage cans and not feeding animals. vii. Mangold asks if this information is given once the resident calls to report an issue. viii. Ostman states on social media, Niles focus and there are brochures including information that is distributed to homeowners. There is also targeted brochure mailing ix. Wlodarski reiterates that there has been a concerted effort to reach residents and discuss with neighbors about rodent control. V. Open Discussion and Public Comments A. SeeClickFix i. McCreery discusses SeeClickFix and wanting to move forward with the program. The program contains an app that allows residents to submit a complaint or any issue and there will be a guaranteed response within 24 to 48 hours. ii. McCreery states there will be a demo for SeeClickFix to become familiar with the program. VI. Next Meeting September 16, 2021 VII. Adjournment McCreery asked for a motion to adjourn. Ostman motioned to adjourn until September 16, 2021. Mangold seconded. AYES: 6 – Chairperson McCreery, Ostman, Wlodarski, Skeffington-Vos, Mangold, Grcic NAYS: 0 ABSTAIN: 0 Motion passed.